SCOTUS reverses 7th Circuit a second time on capital case
An Indiana case has prompted the nation’s highest court to reiterate that federal courts can’t issue any writ of habeas corpus to state prisoners whose confinements do not violate U.S. law.
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Opinions Nov. 8, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Branton Homsher v. State of Indiana (NFP)
54A01-1003-CR-116
Criminal. Affirms convictions of and sentences for Class B felony aggravated battery and Class B felony neglect of a dependent.
A.L.C. v. J.H. (NFP)
82A01-1003-DR-149
Domestic relation. Affirms denial of mother’s petition to modify custody and order that her parenting time continue to be supervised. Remands with instructions to hear evidence regarding the parents’ respective abilities to pay the cost of mother’s supervised visitation in determining who shall pay the weekly South Evansville Community Outreach fees if no other suitable, less costly arrangement can be accomplished.
Jonathan Grider, Sr. v. State of Indiana (NFP)
16A01-1005-CR-246
Criminal. Affirms sentence following guilty plea to Class B felony manufacturing methamphetamine.
Julian D. Grady v. State of Indiana (NFP)
02A03-1003-CR-174
Criminal. Affirms conviction of Class B felony robbery.
Nicholas N. Harless v. State of Indiana (NFP)
48A02-1001-CR-163
Criminal. Affirms revocation of probation.
Brandon D. Lange v. State of Indiana (NFP)
49A04-1003-CR-167
Criminal. Affirms convictions of five counts of Class A felony child molestation and three counts of Class C felony child molestation. Reverses adjudicating Lange to be a credit restricted felon and remands for further proceedings.
Alan Akers v. State of Indiana (NFP)
49A02-1003-CR-357
Criminal. Affirms conviction of Class A misdemeanor patronizing a prostitute.
Paul Dodson v. State of Indiana (NFP)
48A05-1002-CR-123
Criminal. Affirms revocation of work release.
Harvey O. Coffey, Jr. v. State of Indiana (NFP)
53A04-1005-CR-316
Criminal. Affirms sentence following guilty plea to one count of Class A felony child molesting and one count of Class B felony child molesting.
Noble Adigbli v. Dave Novak, d/b/a Novak & Co. LLC d/b/a Steamshowers4less.com (NFP)
45A05-0912-CV-698
Civil. Affirms judgment in favor of Novak on Adigbli’s suit for alleged expenses he incurred including lender charges associated with the delay and labor charges to dismantle the unserviceable steam shower, install a replacement, and repair drywall.
Matthew Holland v. State of Indiana (NFP)
49A04-1004-CR-218
Criminal. Reverses order granting Holland’s petition requesting permission to file a belated notice of appeal and dismisses his appeal.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court denied transfer to eight cases for the week ending Nov. 5.
Opinions Nov. 8, 2010
Indiana Court of Appeals
Timothy Cranston v. State of Indiana
29A02-1003-CR-374
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated with an alcohol concentration of 0.15 or greater. The admission of the Datamaster machine printed ticket stating his BAC without live testimony from the equipment technician didn’t violate Cranston’s Sixth Amendment right to confrontation.
Court divided on invasion of privacy charge
The Indiana Court of Appeals split today as to whether a woman who had an order for protection against her should have been convicted of invasion of privacy when she spoke to the protected party during a court hearing.
Ticket can’t constitute ‘testimonial hearsay’
Because a chemical breath-test evidence ticket is a mechanically produced readout that can’t be considered “testimonial hearsay” under U.S. Supreme Court precedent, the Indiana Court of Appeals held a man’s Sixth Amendment rights weren’t violated when the equipment technician didn’t testify at his drunk-driving trial.
Federal magistrate’s robing ceremony Friday
United States District Court for the Southern District of Indiana Magistrate Judge Debra McVicker Lynch's investiture ceremony will be at 3 p.m. Jan. 16 in Courtroom 216 in the Birch Bayh Federal Building and U.S. Courthouse, 46 E. Ohio St., Indianapolis.
Court appoints new CLE commission members
The Indiana Supreme Court has appointed a northern Indiana attorney and central Indiana judge to the Commission for Continuing Legal Education.
Opinions Nov. 5, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Deana Crickmore v. John R. Crickmore (NFP)
49A04-1003-DR-184
Domestic relation. Affirms finding John’s overpayments of spousal maintenance were involuntary and the order Deana repay him accordingly. Reverses amount of judgment as to the dollar amount and affirms in all other respects. Remands for further proceedings.
Robin L. Rashin v. Mark W. Rashin (NFP)
45A04-0911-CV-660
Civil. Reverses denial of rehabilitative maintenance to Robin and remands with instructions to calculate an award of rehabilitative maintenance, to exclude the settlement proceeds from the marital estate, and to recalculate the division of marital property accordingly. Remands the issue of whether Robin shall be awarded appellate attorney fees. Affirms judgment in all other respects.
Jeanette Daniels, et al. v. Hidden Bay Homeowners Association, Inc., et al. (NFP)
49A02-1003-PL-279
Civil plenary. Affirms summary judgment for all of the defendants in Daniels and Russell’s suit to recover damage to a condominium and personal property after a fire.
In the Guardianship of Z.E. and A.W.; Ala.G., et al. v. Alk.G., et al. (NFP)
45A05-1004-GU-255
Guardianship. Affirms juvenile court has subject matter jurisdiction over the grandparents’ custody action as it relates to one of the children and remands for a determination of whether the court has subject matter as it relates to the other child. Affirms order finding the mother is the custodian of the children unless another court has ruled otherwise and by appointment a guardian ad litem and directing the grandparents to pay a portion of the guardian ad litem’s fees relating to Z.E. Reverses order appointing GAL and requiring grandparents to pay GAL fees for matters relating to A.W. only if the court is found to lack jurisdiction over the custody of A.W. on remand.
Antonio M. Sanders v. State of Indiana (NFP)
22A01-1005-CR-234
Criminal. Affirms denial of motion to withdraw guilty plea.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Nov. 5, 2010
Indiana Court of Appeals
S.A. v. Review Board
93A02-1004-EX-568
Civil. Affirms the Review Board of the Indiana Department of Workforce Development’s ruling that S.A.’s acceptance of an early retirement package made her ineligible to continue receiving unemployment benefits. S.A. left employment without good cause in connection with the work.
DOC violated religious rights in denying kosher meals
A federal judge has found the Indiana Department of Correction was wrong to stop serving kosher meals to those whose religious practices required them to eat the specially prepared meals.
Judges: early retirement ends unemployment benefits
The Indiana Court of Appeals affirmed the termination of unemployment benefits for an auto worker who accepted an early retirement package after she was laid off.
Indiana attorney is still battling merit-selection in courts
A Terre Haute attorney has been dealt another blow in his national effort to challenge judicial merit-selection systems in favor of popular elections.
Opinions Nov. 4, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
DBL Axel LLC v. Lasalle Bank National Association
15A01-1003-PL-205
Civil plenary. Affirms order directing immediate turnover of funds in favor of LaSalle Bank. The checks paid by the city of Lawrenceburg to DBL concerned the property in question and were within the scope of and subject to the receivership order, and DBL’s failure to include that money paid or otherwise notify the receiver of the settlement agreement was a violation of that order. Remands for the trial court to amend its order directing immediate turnover of funds and enter an order directing turnover in the amount of $1,365,500.
In the Matter of the Guardianship of Azzie Justice v. Garnet S. Justice (NFP)
43A03-0912-CV-584
Civil. Affirms appointing Garnet as the guardian of the person and estate of Azzie.
Linda Chiesi v. State of Indiana (NFP)
64A05-1003-PC-205
Post conviction. Affirms denial of petition for post-conviction relief.
Term. of Parent-Child Rel. of C.J.M.; C.M. v. Lake County DCS (NFP)
45A03-1004-JT-248
Juvenile. Affirms termination of parental rights.
Kenneth Mitan v. Richard E. Deckard Family Limited Partnership #206 (NFP)
53A01-0912-CV-612
Civil. Affirms conclusion that Mitan was a proper party to the partnerships forfeiture action. Reverses award of all personal property and remands with instructions to award to the partnership only that personal property specified by the contract as being included in the sale.
Nickolas Sandifer v. State of Indiana (NFP)
45A03-1004-CR-186
Criminal. Affirms denial of Sandifer’s unverified, oral motion to withdraw his guilty plea.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Nov. 4, 2010
Indiana Court of Appeals
DBL Axel LLC v. Lasalle Bank National Association
15A01-1003-PL-205
Civil plenary. Affirms order directing immediate turnover of funds in favor of LaSalle Bank. The checks paid by the city of Lawrenceburg to DBL concerned the property in question and were within the scope of and subject to the receivership order, and DBL’s failure to include that money paid or otherwise notify the receiver of the settlement agreement was a violation of that order. Remands for the trial court to amend its order directing immediate turnover of funds and enter an order directing turnover in the amount of $1,365,500.
Dozens apply for new federal magistrate spot
More than 40 attorneys have applied for a new magistrate spot in the Southern District of Indiana, the first new position since the 1980s.
COA affirms man not falsely arrested, imprisoned
The Indiana Court of Appeals declined to address whether a pro se prisoner is “incapacitated” for purposes of the Indiana Tort Claims Act in a man’s appeal of his suit involving false arrest and false imprisonment.
High court takes certified questions in NCAA case
The Indiana Supreme Court has accepted three certified questions proposed by a federal appeals court that arose in a case involving the National Collegiate Athletic Association’s ticket-distribution system for championship tournaments.
Southern District seeks comment on rule changes
The U.S. District Court for the Southern District of Indiana has proposed several amendments to its Local Rules involving discovery disputes, class action suits, appearances, and sentencing.
Opinions Nov. 3, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Doris Mitchell v. State of Indiana (NFP)
48A05-1003-CR-274
Criminal. Affirms conviction of Class D felony marijuana possession.
State of Indiana v. Jermain Blue (NFP)
02A03-1003-CR-139
Criminal. Affirms grant of Blue’s motion to suppress evidence against him.
Kareen Dunn v. State of Indiana (NFP)
34A04-1003-CR-261
Criminal. Affirms sentences following guilty plea to Class D felonies possession of cocaine and criminal recklessness.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Nov. 3, 2010
Indiana Court of Appeals
James K. Oberst v. State of Indiana
14A05-1003-PC-157
Post conviction. Affirms denial of petition for post-conviction relief. Because Oberst gave his statement that he had sex with the victim to police in counsel’s presence before adversary criminal proceedings had been initiated, he had no Sixth Amendment right to counsel and therefore no right to the effective assistance of counsel.