COA panel divided on trial court involvement with subpoena
The Indiana Court of Appeals split today on whether an Indiana trial court had the authority to order a company to comply with a subpoena issued by arbitrators in New York.
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Justices set man’s execution date
The Indiana Supreme Court has ordered the man convicted of killing his wife, her ex-husband, and her son be put to death in April.
Court upholds convictions, sentence of a man who shot Indy officer
The Indiana Court of Appeals affirmed a defendant’s convictions and sentence related to the shooting of an Indianapolis Metropolitan Police Department officer in the summer of 2008.
Voter ID research event rescheduled
Indiana University School of Law – Indianapolis professor Michael J. Pitts' discussion "Assessing the Impact of Photo Identification at the Polls by Examining the Provisional Ballots," which was scheduled for 6:30 p.m. today in Indianapolis, has been rescheduled due to the weather.
Judges find enhancement doesn’t violate double jeopardy principles
The Indiana Court of Appeals tackled an issue of first impression in a case involving double jeopardy principles. A defendant’s sentence was enhanced under the Firearm Enhancement Statute following a conviction for reckless homicide.
Security increased following threats to judge
The Huntington County Sheriff’s Department has taken steps to protect a northeastern Indiana judge after learning of threats made against the judge late last week.
Maurer dean chosen president-elect of national law school association
Indiana University Maurer School of Law Dean Lauren K. Robel was elected president-elect of the American Association of Law Schools at the annual meeting of its House of Representatives Jan. 7.
Opinions Jan. 11, 2011, ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Connie Ellis, et al. v. City of Martinsville, et al.
55A01-1003-CT-141
Civil tort. Affirms grant of motions for summary judgment in favor of the City of Martinsville, Martinsville Fire Department, and Terry Hart, assistant fire chief. There are no issues of genuine fact regarding alleged willful and wanton misconduct and Hart’s actions were within the scope of his employment.
James Eugene Roberts v. State of Indiana (NFP)
79A05-1006-CR-389
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.
In the matter of the estate of Raymond L. Domelle; Gloria J. Domelle v. Charles and Maria Barman (NFP)
45A03-1004-ES-173
Estate, supervised. Reverses $68,500 judgment following a jury verdict in favor of the Barmans. Remands to direct the probate court to enter judgment in favor of the estate.
Marvin M. Willis v. State of Indiana (NFP)
82A05-1006-CR-409
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class D felony and dismisses Willis’ appeal as it relates to the challenge of the enhancement of the conviction from a Class C misdemeanor to the Class D felony.
Joseph Fields v. State of Indiana (NFP)
49A05-1003-CR-165
Criminal. Affirms conviction of felony murder.
Donald J. Woolsey v. State of Indiana (NFP)
87A01-1006-CR-326
Criminal. Affirms convictions of two counts of Class D felony perjury.
Anthony M. Jessie v. State of Indiana (NFP)
49A05-1006-CR-329
Criminal. Affirms convictions of Class B misdemeanors battery and disorderly conduct, and Class A misdemeanor resisting law enforcement.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Jan. 11, 2011
Indiana Court of Appeals
John G. Cooper v. State of Indiana
32A05-1005-CR-309
Criminal. Affirms five-year enhancement imposed under the Firearm Enhancement Statute following the jury’s determination Cooper knowingly or intentionally used a firearm in the commission of reckless homicide, a Class C felony. Double jeopardy principles aren’t implicated in this case. Also affirms aggregate 13-year sentence.
Chief justice to give State of Judiciary Wednesday
Indiana Supreme Court Chief Justice Randall T. Shepard will give his 24th State of the Judiciary Wednesday in the Indiana House Chambers.
SCOTUS declines to consider Indiana case
The nation’s highest court has refused to consider an Indiana case involving whether a defendant’s no contest plea to an out-of-state murder can be used to qualify him as a serious violent felon on a conviction here.
Judges reverse man’s removal from sex offender list
A trial court erred in ordering a man’s name removed from the state’s sex offender registry because the court didn’t provide notice to the appropriate parties or hold a hearing before doing so, ruled the Indiana Court of Appeals.
COA finds inmate’s post-conviction relief process ‘confusing’
The Indiana Court of Appeals reversed the denial of a pro se inmate’s petition for permission to file a belated appeal after his post-conviction relief petition was denied, finding the chronological cases summary to contain inconsistencies. The judges also noted that this particular court has a “documented history” of not organizing and keeping abreast of its post-conviction relief files.
Justices accept 4 cases
The Indiana Supreme Court took four cases for the week ending Jan. 7, including a case in which a convicted child molester asked for his sentence to be reduced but ended up having it ordered to be increased due to a sentencing error.
Opinions Jan. 10, 2011, ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Francisco Onan Delao v. State of Indiana
20A05-1003-CR-182
Criminal. Affirms four convictions of Class A felony dealing in cocaine. Delao waived any error in the admission of the audio recordings of certain cocaine transactions because he failed to present a sufficient record for appellate review. His sentence is appropriate in light of his character and offenses.
Brian S. Christie v. State of Indiana
33A01-1006-CR-306
Criminal. Affirms order revoking Christie’s community corrections placement and order he serve the entirety of his remaining sentence at the Department of Correction. The trial court’s judicial notice and its dispositional order were proper.
Kevin D. Ables v. Wray J. Ables (NFP)
18A05-1002-DR-144
Domestic relation. Affirms post-dissolution order.
Marshall Sims v. State of Indiana (NFP)
49A02-1005-CR-555
Criminal. Affirms revocation of probation.
George Burnett v. State of Indiana (NFP)
15A01-1002-CR-182
Criminal. Affirms order denying Burnett’s motion to correct erroneous sentence.
Mrtyrone Demon Metcalf v. State of Indiana (NFP)
45A04-1002-CR-69
Criminal. Affirms convictions of murder, felony murder in the perpetration of a robbery, and Class B felony robbery.
Justin Trevor Stetler v. State of Indiana (NFP)
79A04-1004-CR-312
Criminal. Stetler pleaded guilty to Class B felony attempted child molesting. Reverses a restriction in the sentencing order and remands for it to be deleted and impose conditions as stated in the language. Affirms the trial court’s finding of aggravating and mitigating circumstances and his 14-year sentence of 10 years executed and four years suspended and served on probation.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Jan. 10, 2011
Indiana Court of Appeals
Francisco Onan Delao v. State of Indiana
20A05-1003-CR-182
Criminal. Affirms four convictions of Class A felony dealing in cocaine. Delao waived any error in the admission of the audio recordings of certain cocaine transactions because he failed to present a sufficient record for appellate review. His sentence is appropriate in light of his character and offenses.
Brizzi disciplinary case poses ‘actual prejudice’ question
Former Marion County prosecutor Carl Brizzi took the stand today, defending himself against attorney misconduct charges alleging that he violated professional conduct rules by public statements made on pending cases.
Marion County deputy prosecutor fired
The Marion County Prosecutor’s Office has fired the deputy prosecutor arrested Jan. 2 for her involvement in a disturbance in an Indianapolis apartment.
Opinions Jan. 7, 2011, ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Anthony V. Collins-Caudill v. State of Indiana (NFP)
92A05-1003-CR-242
Criminal. Affirms conviction of Class B felony robbery.
Courtney Long v. State of Indiana (NFP)
49A04-1005-CR-286
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class A misdemeanor resisting law enforcement, and Class A misdemeanor driving while license suspended.
Lester Lyle v. State of Indiana (NFP)
15A01-1005-CR-258
Criminal. Affirms sentence following guilty plea to Class D felony unlawfully acquiring a controlled substance.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Jan. 7, 2011
Indiana Court of Appeals
Anthony V. Collins-Caudill v. State of Indiana (NFP)
92A05-1003-CR-242
Criminal. Affirms conviction of Class B felony robbery.