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Opinions Nov. 10, 2010

Indiana Court of Appeals
Scott D. Wells v. Herman Bud Bernitt, et al.
53A01-0910-CV-494
Civil. Affirms summary judgment in favor of the Bernitts on Wells’ claim against them for defamation because there was no admissible evidence before the court to establish actual malice, an element of defamation. Affirms summary judgment in favor of J.D. Maxwell and Travis Coryea as to Wells’ claim for negligent and intentional torts finding the evidence establishes the officers didn’t use excessive force. Affirms summary judgment for Wells on the Bernitts’ cross appeal alleging abuse of process.

COA: State could charge man for leaving scene of fatal accident

The Indiana Court of Appeals affirmed a man’s conviction for failing to return to the scene of a fatal accident, finding the state wasn’t barred under collateral estoppel principles from prosecuting him for the same crime as another man who had already been convicted of causing the victim’s death.

High court vacates transfer order

The Indiana Supreme Court has decided not to take the case of a man who claimed he received ineffective assistance of trial counsel.

ATC chairman stepping down

P. Thomas Snow, a former judge in Wayne County, is resigning as chairman of the Alcohol & Tobacco Commission.

SCOTUS mulling the future of class-action suits

Defense and plaintiffs attorneys alike have their eyes on the Supreme Court of the United States, which has before it a case that some say could spell the end to class-action lawsuits in the name of contractual arbitration.

Opinions Nov. 9, 2010 ILD

The Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Jess David Woods v. State of Indiana (NFP)
18A05-0909-CR-545
Criminal. Affirms Woods’ conviction of and sentence for murder and conspiracy to commit murder.
 
Termination of Parent-Child Relationship of S.M.; T.U. v. Indiana Dept. of Child Services (NFP)
27A04-1005-JT-266
Juvenile. Affirms involuntary termination of parental rights.
 
Emilio Rivera v. State of Indiana (NFP)
49A02-1001-CR-59
Criminal. Affirms convictions of two counts of Class D felony theft of social security cards.  

The Indiana Tax Court posted no opinions before IL deadline.

Court affirms locked glove box search

Without a case on point for the Indiana Court of Appeals to follow, the state’s second-highest appellate court has followed the direction of federal rulings and national precedent on allowing police to search locked glove boxes without a warrant.

[Article Headline]

The Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Jess David Woods v. State of Indiana (NFP)
18A05-0909-CR-545
Criminal. Affirms Woods’ conviction of and sentence for murder and conspiracy to commit murder.
 
Termination of Parent-Child Relationship of S.M.; T.U. v. Indiana Dept. of Child Services (NFP)
27A04-1005-JT-266
Juvenile. Affirms involuntary termination of parental rights.
 
Emilio Rivera v. State of Indiana (NFP)
49A02-1001-CR-59
Criminal. Affirms convictions of two counts of Class D felony theft of social security cards.  

The Indiana Tax Court posted no opinions before IL deadline.

Opinions Nov. 9, 2010

Indiana Court of Appeals
Anthony A. Parish v. State of Indiana
02A03-1002-CR-74
Criminal. Affirms Parish’s convictions of murder, Class B felony robbery, and Class A misdemeanor carrying a handgun without a license, and his sentence to an aggregate term of 86 years of incarceration. On appeal, Parish claimed a protective search of a locked glove box during a traffic stop was constitutionally improper, and therefore evidence found during the search should have been suppressed. COA concluded the protective search was permissible under the Fourth Amendment.

COA: jury should have had access to images

The Indiana Court of Appeals today reversed and remanded a jury verdict in favor of medical care providers in a medical-malpractice case involving a permanent eye injury following laser eye surgery. The appellate court concluded the trial court's evidentiary and instructional rulings constituted reversible error.

IBA: IBF – Your Local Bar’s Charitable Arm

The Indianapolis Bar Foundation has a distinct history and mission, making positive impact in the Indianapolis community through the philanthropy of thousands of IBA members.

IBA: Robb to Lead Indiana Court of Appeals

The Court of Appeals of Indiana has selected Indianapolis Bar Association member, The Hon. Margret G. Robb to succeed The Hon. John G. Baker as the next Chief Judge of the Court.

IBA: Unique ideas at heart of IBA Awards

Tireless effort, unique ideas, and a commitment to service are shared qualities within those selected to receive special honors at the Indianapolis Bar Association’s annual Recognition Luncheon.