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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.

COA upholds denial of post-conviction relief

The Indiana Court of Appeals agreed with the post-conviction court that a defendant didn’t receive ineffective assistance of trial counsel, finding the man had no right to the effective assistance of counsel at the time he gave a statement to police in front of the attorney.

‘Greening Statehouse’ event at IU-Indy

The Hoosier Environmental Council’s third annual “Greening the Statehouse” happens Saturday at Indiana University School of Law – Indianapolis.

High court takes 3 cases

The Indiana Supreme Court will hear a case in which a dissenting Court of Appeals judge worried that the majority’s finding would head toward a bright-line rule regarding the officer safety exception to the warrant requirement in the context of a car on the side of the road.

Opinions Nov. 2, 2010 ILD

The Indiana Supreme Court, Indiana Court of Appeals, and Indiana Tax Court were closed in observance of Election Day.

The Indiana Supreme Court granted three transfers and denied 12  for the week ending Oct. 26.
 

Opinions Nov. 2, 2010

The Indiana Supreme Court, Indiana Court of Appeals, and Indiana Tax Court were closed in observance of Election Day.

Court History Symposium set for Nov. 18

The third annual “Court History Symposium: Court History and History in the Making” CLE will feature remarks from Southern District judges as the court enters a new era.

Opinions Nov. 1, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Michael J. Shepard v. State of Indiana (NFP)
82A05-1002-CR-94
Criminal. Affirms conviction of Class D felony resisting law enforcement and Class C misdemeanor operating a vehicle with an alcohol concentration of 0.08 or more.

Phillip Ibrahim v. Automotive Finance Corp. (NFP)
49A02-1002-CC-99
Civil collection. Affirms summary judgment in favor of Automotive Finance Corporation on its complaint for breach of contract, breach of guaranty, fraud, and check deception.

Term. of Parent-Child Rel. of D.M., et al.; H.M. and D.M. v. I.D.C.S. (NFP)
20A04-1003-JT-204
Juvenile. Affirms involuntary termination of parental rights.

R.E. v. B.L. (NFP)
02A03-1002-DR-111
Domestic relation. Affirms order granting maternal aunt B.L.’s petition for custody of R.E.’s daughter.

Jane Lareau v. Ernest Lareau (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2010/november/11011002ehf.pdf
79A05-1002-DR-117
Domestic relation. Affirms orders deciding issues that arose after dissolution of marriage.

Indiana Tax Court had posted no opinions at IL deadline.
 

Judge grants attorney summary judgment in collections suit

A federal judge ruled in favor of an Indianapolis attorney involved in a class-action suit alleging he violated the Fair Debt Collection Practices Act. The judge granted summary judgment to the attorney after finding the class representative fell outside the class definition.

Bose McKinney opens Fort Wayne office

After serving clients in the Fort Wayne area for several years, Bose McKinney & Evans today opened an office in the city that will also house the Bose Public Affairs Group.

Opinions Oct. 29, 2010 ILD

The following opinion was posted after IL deadline Thursday.
Indiana Tax Court
Dale J. Scopelite and James T. Sheehan v. Indiana Dept. of Local Government Finance (NFP)
49T10-0812-TA-71
Tax. Affirms the Department of Local Government Finance’s final determination approving the City of Hammond’s budget and tax levy for the 2008 tax year.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
J.M. v. D.A.
43A03-1003-DR-183
Domestic relation. Affirms denial of father’s petition to modify child support. The trial court did not err by imputing potential earnings in father’s weekly gross income for purposes of calculating his support obligation after he became a full-time student. Reverses finding father in contempt because the trial court did not find that father has the financial ability to comply. Judge Bradford concurs in part, dissents in part.

Douglas Denzell v. State of Indiana
49A02-1001-CR-89
Criminal. Affirms denial of Denzell’s motion to dismiss criminal charges of Class A misdeneaor resisting law enforcement and Class B misdemeanor public intoxication. Denzell does not satisfy the test in Davis and Habibzadah to show a due process violation because there remains the possibility that he will be restored to competency, even though he cannot be sentenced to an additional term if convicted.  

Y.G. v. Review Board
93A02-1004-EX-538
Civil. Affirms denial of unemployment benefits. There is no indication Y.G. explained his limitations or sought an alternative placement until such time as his disability subsided.

Rebecca Reed-Harrison v. State of Indiana (NFP)
49A04-0912-CR-740
Criminal. Affirms denial of motion to dismiss criminal charge. Remands with instructions.

State of Indiana v. Lynn Wilson (NFP)
49A02-1003-PC-644
Post conviction. Reverses grant of Wilson’s petition for post-conviction relief.

Ivette Haylett v. State of Indiana (NFP)
49A02-1002-CR-113
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

Charles Huntley v. State of Indiana (NFP)
49A02-1004-CR-401
Criminal. Affirms convictions of murder and Class A misdemeanor carrying a handgun without a license which was enhanced to a Class C felony due to a prior conviction.

Joel Williams v. State of Indiana (NFP)
18A05-1002-CR-52
Criminal. Affirms sentence following guilty plea to five Class B felonies.

Michael Clay v. State of Indiana (NFP)
20A03-1002-CR-56
Criminal. Affirms convictions of robbery resulting in serious bodily injury as a Class A felony and illegal consumption of alcohol by a minor

Term. of Parent-Child Rel. of A.K.; S.K. v. IDCS (NFP)
76A03-1004-JT-247
Juvenile. Affirms involuntary termination of parental rights.

Tracy D. Price v. State of Indiana (NFP)
48A02-1004-CR-399
Criminal. Affirms decision to order the execution of Price’s suspended sentence after he violated probation terms.

Peters Broadcast Engineering v. WROI-FM (NFP)
25A03-1005-SC-260
Small claims. Affirms judgment in favor of the radio station in a dispute over alleged unpaid balance plus interest of invoices for repair and installation services performed for the station.

Indiana Tax Court had posted no opinions at IL deadline.
 

COA finds voyeurism statute not vague

The state’s voyeurism statute is not unconstitutionally vague, the Indiana Court of Appeals concluded today by rejecting a man’s claims that the statute would prevent taping a surprise birthday party.