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Opinions April 19, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Michael K. Wethington v. State of Indiana (NFP)
32A01-1009-CR-481
Criminal. Affirms conviction of operating a motor vehicle while an habitual traffic violator.

Paul Justice v. State of Indiana (NFP)
09A02-1009-CR-989
Criminal. Affirms sentence for Class C felony operating a motor vehicle after forfeiture of license for life.

M.R. v. State of Indiana (NFP)
89A01-1011-JV-587
Juvenile. Affirms trial court’s decision to award wardship of M.R. to Indiana Department of Correction.  

Involuntary Commitment of T.S. (NFP)
49A02-1009-MH-990
Mental health. Affirms commitment order.

Cheynne Javon Williams v. State of Indiana (NFP)
02A05-1010-CR-625
Criminal. Affirms conviction of six counts of Class C felony battery.

Indiana Tax Court had posted no opinions at IL deadline.

Hamilton County judge pleads guilty to reckless driving

Longtime Hamilton Superior Judge William J. Hughes pleaded guilty Monday in a North Carolina court, avoiding a drunken driving conviction for a lesser count of reckless driving that means a year of unsupervised probation.

Opinions April 18, 2011

Indiana Court of Appeals
James Stewart v. State of Indiana
49A04-1001-CR-48
Criminal. Vacates Class C felony robbery conviction and corresponding four-year sentence because Stewart’s convictions for both felony murder and the underlying felony of robbery violate the prohibitions of double jeopardy. Finds there was sufficient evidence to support Stewart’s convictions of seven counts of felony murder, six counts of criminal confinement as Class B felonies, Class B felony burglary, Class A misdemeanor carrying a handgun without a license, and adjudication as a habitual offender. The trial court did not abuse its discretion in excluding certain hearsay statements or by admitting certain photographs, and Stewart isn’t entitled to the procedural protections of the Life Without Parole Statute. Judge Bradford concurs in part and concurs in result in part.

Judge argues state must prove actual endangerment

The Indiana Court of Appeals split Monday regarding a man’s conviction of misdemeanor operating while intoxicated, with Judge Terry Crone arguing the statute requires the state to prove actual endangerment of the driver or others, not just the possibility of it.

Opinions April 18, 2011, ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Marlan Bonds v. State of Indiana (NFP)
20A04-1005-PC-315
Post conviction. Affirms denial of petition for post-conviction relief.

Tommy L. Borders v. State of Indiana (NFP)
11A05-1001-CR-203
Criminal. Affirms convictions of and 45-year sentence for Class A felony possession of methamphetamine, Class C felony possession of methamphetamine, Class D felony maintaining a common nuisance, and Class A misdemeanors possession of marijuana and possession of paraphernalia.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted one transfer and denied eight for the week ending April 15.

Opinions April 18, 2011

Indiana Court of Appeals
James Stewart v. State of Indiana
49A04-1001-CR-48
Criminal. Vacates Class C felony robbery conviction and corresponding four-year sentence because Stewart’s convictions for both felony murder and the underlying felony of robbery violate the prohibitions of double jeopardy. Finds there was sufficient evidence to support Stewart’s convictions of seven counts of felony murder, six counts of criminal confinement as Class B felonies, Class B felony burglary, Class A misdemeanor carrying a handgun without a license, and adjudication as a habitual offender. The trial court did not abuse its discretion in excluding certain hearsay statements or by admitting certain photographs, and Stewart isn’t entitled to the procedural protections of the Life Without Parole Statute. Judge Bradford concurs in part and concurs in result in part.

COA upholds convictions in Indianapolis Hamilton Ave. murders

The Indiana Court of Appeals has affirmed a man’s convictions and reduced his sentence to 421 years for his involvement in the gruesome robbery and murders of seven Indianapolis residents, including three children, in June 2006.

Court of Appeals dismisses Bren Simon’s appeal

The Indiana Court of Appeals has dismissed Bren Simon’s petition seeking to reverse a lower court’s ruling that removed her as interim trustee of her late husband’s $2 billion estate.

Justices accept ordinance case

The Indiana Supreme Court will decide whether an Indiana town’s ordinance that would give the town the exclusive right to control, regulate, and sell water is actually invalid.

Opinions April 15, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Heather Schrock v. Marion Schrock
20A03-1009-DR-484
Domestic relation. Vacates trial court’s belated order because it was made void by the instant appeal. Marion is able to proceed by cross-appeal to obtain appellate review of the issues raised in his motion to correct error as set forth in a footnote in Cavinder Elevators and in HomeEq. Reverses in part the dissolution order. Remands with instructions to determine whether the mistaken amounts included in the dissolution order were used to compute the award to Heather, what extent they were used, and revise the amount of the judgment to reflect the amount of liability stipulated by the parties. Remands for the trial court to determine the amount of any outstanding debt to Eagle, to modify the necessary amount of the final judgment, and enter an order or any entries necessary to revise the dissolution order consistent with this opinion and court’s findings on remand.

Thomas Battista v. State of Indiana (NFP)
64A03-1009-CR-516
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated.

James Mann v. State of Indiana (NFP)
49A02-1009-CR-1095
Criminal. Dismisses Mann’s appeal of the post-conviction court’s denial of his request for additional education credit time.

David Brockman v. State of Indiana (NFP)
53A04-1009-CR-588
Criminal. Affirms sentence following guilty plea to two counts of Class C felony operating a vehicle while intoxicated causing serious bodily injury.

Aaron D. Wilson v. Amber N. Wilson (NFP)
52A05-1008-DR-532
Domestic relation. Affirms division of marital estate.

Term. of Parent-Child Rel. of P.W., et al.; S.W. v. I.D.C.S. (NFP)
49A05-1010-JT-623
Juvenile. Affirms involuntary termination of parental rights.

D.B. v. A.C. (NFP)
93A02-1010-EX-1172
Civil. Reverses order of the Full Worker’s Compensation Board which affirmed the dismissal of D.B.’s application for adjustment of claim. Remands with instructions.

William A. Pennington, III v. Convergence Receivables (NFP)
10A05-1007-CC-447
Civil collections. Affirms denial of Pennington’s motion for relief from judgment in a debt collection action commenced by Convergence Receivables.

Shawn T. Parker v. State of Indiana (NFP)
40A01-1008-CR-412
Criminal. Affirms revocation of probation and order that Parker serve the balance of his executed sentence for each of the two separate convictions of nonsupport of a dependent child.

Lawrence Barrett v. State of Indiana (NFP)
82A01-1010-CR-519
Criminal. Affirms convictions of and sentence for two convictions of Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions April 15, 2011

Heather Schrock v. Marion Schrock
20A03-1009-DR-484
Domestic relation. Vacates trial court’s belated order because it was made void by the instant appeal. Marion is able to proceed by cross-appeal to obtain appellate review of the issues raised in his motion to correct error as set forth in a footnote in Cavinder Elevators and in HomeEq. Reverses in part the dissolution order.

Allen Superior Court seeks magistrate judge

The Allen Superior Court Criminal Division is accepting applications for the magistrate judge position that will open up after Magistrate Judge Robert J. Schmoll retires. Magistrate Schmoll was appointed to the bench in January 1995.

Dining event to aid pro bono clinic

On April 20, the Columbus Applebee’s restaurant will donate 15 percent of sales to Legal Aid District Eleven, which serves Bartholomew, Brown, Decatur, Jackson, and Jennings counties.