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For the first time, the Indiana Court of Appeals has decided that a title insurance agent is not also an agent of the title
insurance company with respect to escrow and closing services.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Michael Akens v. State of Indiana
49A05-0912-CR-687
Criminal. Affirms sentence imposed following guilty plea to child molesting. The trial court’s statement that Akens could appeal his sentence wasn’t made until after the court had accepted the plea agreement and entered Akens’ sentence. The agreement included his express waiver of his right to appeal his sentence.
Randy Allen Long v. State of Indiana (NFP)
79A02-0909-CR-903
Criminal. Affirms convictions of Class D felony possession of marijuana and Class A misdemeanor possession of paraphernalia.
John C. Cole, Jr. v. Patrick V. Baker (NFP)
49A02-0910-CV-960
Civil. Reverses summary judgment for attorney Patrick Baker after he refused to return money Cole paid him as a retainer.
A.E. v. State of Indiana (NFP)
49A04-1001-JV-17
Juvenile. Affirms adjudication for committing what would be Class B and Class C felony child molesting if committed by an adult.
Ronald Wright v. State of Indiana (NFP)
46A03-0912-CR-594
Criminal. Affirms denial of motion to correct erroneous sentence.
Douglas K. Huffnagel v. Christopher F. Cline (NFP)
20A05-0911-CV-662
Civil. Affirms grant of Cline’s motion for a directed verdict in favor of Cline on Huffnagel’s claims for negligence and injuries following an automobile accident.
Timothy Charles Wakefield v. State of Indiana (NFP)
48A04-0911-CR-647
Criminal. Remands case for a sentencing statement that clearly explains its finding of aggravating and mitigating circumstances and its reasons for imposing consecutive sentences following guilty plea to Class D felonies criminal recklessness, maintaining a common nuisance, dealing in marijuana, and possession of a controlled substance.
William D. Baxter v. State of Indiana (NFP)
49A02-0908-PC-724
Post conviction. Reverses denial of petition for post-conviction relief.
Otis A. Tate, Jr. v. State of Indiana (NFP)
71A04-1003-CR-138
Criminal. Affirms conviction of Class C felony forgery.
William Kerr v. State of Indiana (NFP)
49A05-0911-CR-639
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class A misdemeanor.
D.C.B. Alleged to be C.H.I.N.S.; P.B. and Da.B. v. Marion County DCS and Child Advocates (NFP)
49A02-0912-JV-1204
Juvenile. Affirms finding D.C.B. is a child in need of services.
Term. of Parent-Child Rel. of K.I. and R.I.; K.K. and C.I. v. IDCS (NFP)
20A03-0912-JV-562
Juvenile. Affirms termination of parental rights.
Andy Zulu v. State of Indiana (NFP)
49A02-0911-CR-1113
Criminal. Affirms convictions of and sentences for Class B felonies rape, and criminal deviate conduct.
Donald Johnston, et al. v. Carl W. Johnston, et al. (NFP)
43A03-0912-CV-568
Civil. Affirms the trial court’s judgment and order for distribution of sale proceeds.
James Gilman v. State of Indiana (NFP)
48A05-0908-PC-462
Post conviction. Affirms denial of petition for post-conviction relief and remands with instructions to enter an amended sentencing order.
Kenneth McClung v. State of Indiana (NFP)
49A02-0912-CR-1275
Criminal. Affirms conviction of Class B felony aggravated battery.
V.B. v. Review Board of the Indiana Dept. of Workforce Development and Daimler Chrysler Co. LLC (NFP)
93A02-0911-EX-1140
Civil. Affirms dismissal of V.B.’s appeal of a determination that she was not eligible for benefits.
Lewis Vasquez v. State of Indiana (NFP)
27A02-1002-CR-135
Criminal. Reverses sentence following guilty plea to Class B felonies criminal confinement and burglary while armed with a deadly weapon. Remands for re-sentencing.
John B. Felder v. State of Indiana (NFP)
48A02-0902-CV-156
Civil. Affirms judgment in favor of the state and Department of Correction employees in Felder’s complaint regarding events that allegedly occurred while he was at Pendleton Correctional Facility.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Michael
Akens v. State of Indiana
49A05-0912-CR-687
Criminal. Affirms sentence imposed following guilty plea to child molesting. The trial court’s statement that Akens
could appeal his sentence wasn’t made until after the court had accepted the plea agreement and entered Akens’
sentence. The agreement included his express waiver of his right to appeal his sentence.
A trial court erred in excluding testimony of a defendant’s witnesses on the ground they were alibi witnesses, the Indiana
Court of Appeals ruled today in an issue of first impression.
The Indiana Attorney General says it’s unconstitutional to charge public school students to ride the bus.
The Indiana Supreme Court has appointed a southern Indiana judge to preside over the third trial of a former state trooper
charged with murdering his family a decade ago, and one of the initial decisions he’ll consider is whether to move the
trial outside that region.
Indiana has joined the fight to reverse the holding by U.S. District Court in the Western District of Wisconsin that the federal
law providing for a National Day of Prayer violates the Establishment Clause.
The state judiciary is moving forward with a plan to establish an appellate case management system, which someday could entail
an e-filing system similar to what the federal courts currently have access to.
A well-known and longtime family law attorney in Indianapolis died July 7 at the age of 80.
The Indiana Supreme Court, Court of Appeals, and Tax Court had posted no opinions at IL
deadline.
The Indiana Supreme Court, Court of Appeals, and Tax Court had posted no opinions at IL deadline.
Anyone interested in being a federal magistrate for the southern part of Indiana has until Wednesday to apply for that position.
The Indiana Court of Appeals has reversed a man’s drunk driving and marijuana possession convictions based on police
officer conduct, finding that the officer shouldn’t have held a gun and handcuffed him during what could have been a
legitimate traffic stop.
The Indiana Supreme Court has ordered a new trial for a convicted child molester because of the conduct from the longtime
trial judge, who resigned from the bench in September amid a judicial misconduct investigation.
As part of a larger court reform plan, the governing board of the Judicial Conference of Indiana wants more required education
for judges at the state appellate and trial levels.
Today’s Opinions
7th Circuit Court of Appeals
Freddie L. Byers Jr. v. James Basinger, Superintendent of the Wabash Valley Correctional Facility
09-1833
U.S. District Court, Northern District of Indiana, South Bend Division. Judge Allen Sharp
Civil. Affirms District Court's denial of Byers' habeas petition. After a jury found Byers guilty of murder, attempted murder and robbery, the Indiana Supreme Court affirmed on direct appeal. The Indiana Court of Appeals denied his petition for post-conviction relief, and the Indiana Supreme Court denied transfer. The District Court later denied Byers’ habeas petition, in which Byers argued that his trial counsel performed deficiently. The 7th Circuit granted Byers a certificate of appealability on the question whether he had been denied effective assistance of counsel. The 7th Circuit affirmed the district court’s denial because, even if Byers successfully exhausted his claim, it lacks merit.
The Indiana Supreme Court posted no opinions before IL deadline.
Indiana Court of Appeals
Allen A. Halferty v. State of Indiana
20A03-0910-CR-475
Criminal. Affirms Halferty’s conviction of maintaining a common nuisance by dealing methamphetamine. Reverses his conviction of Class A felony dealing in methamphetamine and remands with instructions to enter a conviction for Class B felony dealing in methamphetamine due to evidence regarding the amount of the drug. Also instructs trial court to revise Halferty’s sentence to reflect the change from Class A felony to Class B felony.
Charles Taylor v. State of Indiana
71A04-1001-PC-6
Post-conviction. Affirms post-conviction court’s denial of Taylor’s petition for post-conviction relief. After he initiated a direct appeal of his three convictions of Class B felony unlawful possession of a firearm by a serious violent felon, the Court of Appeals had granted Taylor a Davis/Hatton petition, which involves a termination or suspension of a direct appeal already initiated, upon appellate counsel’s motion for remand or stay, to allow a post-conviction relief petition to be pursued in the trial court. Court of Appeals concludes Taylor’s trial counsel did not provide ineffective assistance by failing to object to the admission of the weapons and that his convictions do not violate Indiana’s prohibition against double jeopardy.
Ben Gill v. State of Indiana (NFP)
49A05-0912-CR-734
Criminal. Affirms convictions of and sentences for intimidation and battery following a guilty plea without a written plea agreement.
Mark A. Shepard v. State of Indiana (NFP)
49A02-0912-CR-1244
Criminal. Affirms conviction of battery.
Robert Townsend v. State of Indiana (NFP)
49A02-0911-CR-1120
Criminal. Affirms classification as a Sexually Violent Predator.
Donald J. Zellers v. Sharon Zellers (NFP)
43A03-0909-CV-433
Civil. Affirms trial court’s distribution of marital property following divorce.
Kirby D. Oliver v. State of Indiana (NFP)
45A03-1002-CR-53
Criminal. Affirms trial court’s denial of Oliver’s motion requesting placement in community corrections following a guilty plea to murder.
The Indiana Tax Court posted no opinions before IL deadline.
7th Circuit Court of Appeals
Freddie
L. Byers Jr. v. James Basinger, Superintendent of the Wabash Valley Correctional Facility
09-1833
U.S. District Court, Northern District of Indiana, South Bend Division. Judge Allen Sharp
Civil. Affirms District Court's denial of Byers' habeas petition. After a jury found Byers guilty of murder, attempted
murder and robbery, the Indiana Supreme Court affirmed on direct appeal. The Indiana Court of Appeals denied his petition
for post-conviction relief, and the Indiana Supreme Court denied transfer. The District Court later denied Byers’ habeas
petition, in which Byers argued that his trial counsel performed deficiently. The 7th Circuit granted Byers a certificate
of appealability on the question whether he had been denied effective assistance of counsel. The 7th Circuit affirmed the
district court’s denial because, even if Byers successfully exhausted his claim, it lacks merit.
Nearly three-quarters of the 34 attorneys who’d applied for an Indiana Supreme Court opening won’t get a second interview.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Russell
W. Maddex v. State of Indiana (NFP)
39A01-0910-CR-496
Criminal. Affirms convictions of and sentence for Class C felony burglary, Class D felony attempted theft, and habitual offender
finding.
Dorian
Lee v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=07081005jsk.pdf
27A04-1001-CR-41
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Marcus
Lewis v. State of Indiana
49A02-0909-CR-920
Criminal. Reverses conviction of Class A misdemeanor domestic battery. Lewis received ineffective assistance of trial counsel
because counsel failed to timely file a written request for a jury trial. Remands for a new trial.