Civics program cuts staff
The staff of the civics education program of the Indiana Bar Foundation will be restructured due to decreases in IOLTA funding
available for next year, the IBF announced today.
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Southern District names new magistrate
The United States District Court for the Southern District of Indiana announced today the selection of Mark J. Dinsmore as
magistrate judge.
Attorney killed by husband
The man who committed suicide atop a parking garage in downtown Indianapolis Thursday afternoon behind Barnes & Thornburg
earlier had killed his attorney wife in their Brownsburg home, police said.
Child must show she is born out of wedlock to inherit
Ruling on the issue for the first time, the Indiana Court of Appeals held that the plain language of Indiana Code Section
29-1-2-7 requires a child to show she is born out of wedlock for inheritance purposes.
State court offices, law firm on lockdown after shots fired in Indianapolis
A lone gunman caused downtown Indianapolis – including Indiana State Court Administration offices and law firm Barnes
& Thornburg – to be on lockdown today.
Justice: Fee hike could mean statewide case management system by 2017
If lawmakers during the next legislative session increase a statewide court fee an extra $3, Indiana Supreme Court Justice
Frank Sullivan believes the state can fully implement a case management system in all county courts by June 30, 2017.
Opinions Aug. 26, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Dean V. Kruse Foundation, Inc., et al. v. Jerry W. Gates
59A01-1001-CT-125
Civil tort. Reverses summary judgment for Gates on the breach-of-contract claims and the denial of the Kruse parties’ cross-motion for summary judgment on Gates’ fraud and conversion claims. Gates failed to complete the sale within a reasonable time due to no fault of the seller so his earnest money deposit is forfeited. Remands for further proceedings to determine the damage award in favor of the Kruse parties and grant summary judgment in favor of them on the issues of breach of contract, fraud, and conversion.
Tony O. Girdler v. State of Indiana
73A01-1001-CR-14
Criminal. Affirms conviction of Class D felony auto theft. The state proved all the elements of auto theft against Girdler, even though he was not the original thief of the van.
Anthony E. Frink v. State of Indiana (NFP)
79A04-1002-PC-150
Post conviction. Affirms denial of petition for post-conviction relief.
Antonio Moore v. State of Indiana (NFP)
48A05-1002-CR-132
Criminal. Affirms revocation of probation ordered following Moore’s guilty plea to Class B felony dealing in cocaine.
Pierre E. Taylor v. State of Indiana (NFP)
45A05-0912-CR-730
Criminal. Affirms convictions of and 175-year aggregate sentence for murder and four counts of Class A felony attempted murder.
Jeremy James Barden v. State of Indiana (NFP)
57A03-1002-CR-64
Criminal. Affirms conviction of Class C misdemeanor leaving the scene of an accident but remands for correction of sentence.
Michael Pugh v. State of Indiana (NFP)
52A05-1002-CR-90
Criminal. Affirms sentence following guilty plea to Class B felony burglary.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Aug. 26, 2010
7th Circuit Court of Appeals
John
M. Stephenson v. Bill Wilson, Superintendent of Indiana State Prison
09-2924
U.S. District Court, Northern District of Indiana, Judge Theresa L. Springmann.
Civil. Stephenson failed to carry his burden of proving prejudice, even on the premise that his counsel should have objected
to the stun belt. The question of prejudice from Stephenson being required to wear the stun belt at the penalty hearing will
require further consideration of the District Court on remand.
7th Circuit reverses lower court on stun-belt issue
The 7th Circuit Court of Appeals reversed a District judge’s decision that a man convicted of murder received ineffective
assistance of counsel during his trial because his attorney didn’t object to the state making him wear a stun belt in
court.
COA concerned about some details in termination case
In affirming the involuntary termination of a mother’s parental rights, the Indiana Court of Appeals noted some troubling
details involving the case.
Technical difficulties snag high-profile appeal arguments
After a hiccup in the state judiciary’s online access to oral arguments, Indiana Court of Appeals Chief Judge John Baker
borrowed some words from television broadcasters of the past: “Please stand by.”
CJ signs order for increased judicial education requirements
Indiana judges and magistrates will have to take more judicial education classes to improve their legal skills next year.
Opinions Aug. 25, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Fernando
B. Eguia Sr. v. State of Indiana (NFP)
01A02-1001-CR-157
Criminal. Affirms conviction of Class B misdemeanor disorderly content.
M.H.
v. J.H. (NFP)
30A01-1003-DR-99
Domestic relation. Affirms trial court’s calculation of income, treatment of tax exemptions, and failure to find contempt.
Reverses court’s assessment of child support and remands for the trial court to recalculate the cost of child support.
Uma
Chaluvadi v. City of Indianapolis (NFP)
49A02-1003-OV-230
Local ordinance violation. Reverses order denying Chaluvadi’s motion to set aside default judgment.
Michael
Yates v. State of Indiana (NFP)
34A02-0912-CR-1187
Criminal. Affirms convictions of and sentence for Class D felony possession of cocaine and Class A misdemeanor possession
of marijuana.
Eric
Skeens v. State of Indiana (NFP)
35A05-0909-CR-515
Criminal. Affirms convictions of four counts of child molesting as Class A felonies and one count as a Class C felony. Remands
for the trial court to issue an amended sentencing order and issue any other documents or CCS entries necessary to impose
a sentence of 90 years.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Aug. 25, 2010
7th Circuit Court of Appeals
United
States of America v. Jorge Quintero, a/k/a Samuel Munoz, and Claudia Andrade Martinez
09-2715, 09-2788
U.S. District Court, Northern District of Indiana, Hammond Division, Judges Rudy Lozano and James T. Moody.
Criminal. Dismisses Quintero’s appeal of his sentence after pleading guilty to charges related to a bank robbery and
unlawful entering on waiver grounds. Affirms Martinez’s conviction and sentence for bank robbery and unlawfully remaining
in the U.S. The jury instructions given at Martinez’s trial regarding aiding and abetting were correct statements of
the law.
7th Circuit affirms sentences for bank robbing couple
The 7th Circuit Court of Appeals upheld the convictions and sentences of a boyfriend and girlfriend on bank robbery convictions,
finding the boyfriend waived his appeal of his sentence and the jury instructions were correct in the girlfriend’s trial.
Look-alike offense counts as controlled-substance offense in sentencing
A previous conviction for a “look-alike” offense constitutes a controlled-substance offense for sentencing purposes,
the 7th Circuit Court of Appeals ruled for the first time Tuesday.
8 submit proposals for Indiana appellate system
Eight companies are interested in outfitting the Indiana appellate courts with a case management system with public access
and e-filing capabilities.
Opinions Aug. 24, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Bryan
Berryman v. State of Indiana (NFP)
58A01-0911-CR-561
Criminal. Affirms convictions of Class D felony insurance fraud, Class B misdemeanor false reporting or informing, and Class
B misdemeanor failure to stop after an accident resulting in damage to property of another person other than a vehicle.
William
Adams, et al. v. William Smith, et al. (NFP)
18A04-1002-MI-65
Miscellaneous. Reverses dismissal of the Adamses’ complaint for fraud and fraudulent transfer against the Smiths and
Danny Slusher. Remands for further proceedings.
B.W.
v. State of Indiana (NFP)
49A02-1001-JV-82
Juvenile. Affirms adjudication for forgery and theft if committed by an adult.
Joseph
Dearborn v. State of Indiana (NFP)
13A05-0910-CR-618
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class D felony maintaining a common nuisance,
and Class A misdemeanor possession of paraphernalia.
Shane
Schmutte v. State of Indiana (NFP)
49A04-0912-CR-693
Criminal. Affirms revocation of probation.
Dennis
Ditchley v. State of Indiana (NFP)
49A02-0911-CR-1098
Criminal. Affirms convictions of Class A felony burglary, Class B felony robbery, and Class A misdemeanor carrying a handgun
without a license.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Aug. 24, 2010
Indiana Court of Appeals
Monty
Rader v. State of Indiana
49A02-0907-CR-691
Criminal. Affirms denial of motion to suppress. The IP address used to log in to the monty20064 account was, on the dates
in question, assigned to Rader’s home in Greencastle. Rejects Rader’s request that the court follow the precedent
of the New Jersey Supreme Court and ignore the holding of the Indiana Supreme Court with regard to the issuance of investigatory
subpoenas to third parties.
Court rules on first impression FLSA issue
In denying summary judgment for either party in a dispute involving the Fair Labor Standards Act, the U.S. District judge
noted the issue appears to be one of first impression in the 7th Circuit.