Articles

Opinions: 6/29/15 ILD

Indiana Court of Appeals

Kevin Chocklett v. Melanie Davison (mem. dec.)
49A04-1410-PL-459
Civil plenary. Reverses judgment in favor of Melanie Davison in the amount of $14,453.37. Divided panel found there was not sufficient evidence that Chocklett’s purported breach of contract caused Davison’s damages, therefore the trial court improperly denied his motion for directed verdict. Dissenting Judge Melissa May wrote Davison presented sufficient evidence to withstand a motion for directed verdict.

Kari Poe v. Robert Poe (mem. dec.)
49A02-1409-DR-636
Domestic relation. Affirms grant of primary custody of minor daughter, H.P., to father, Robert Poe.

James G. Wilson v. State of Indiana (mem. dec.)
49A02-1409-CR-647
Criminal. Affirms conviction of Class A felony attempted murder.

Kevin L. Martin v. Discover Bank (mem. dec.)
64A04-1502-CC-64
Collection. Reverses order granting Discover Bank’s motion for summary judgment, finding the trial court abused its discretion for failing to conduct a hearing on the motion. Remands for hearing required under Indiana Trial Rule 60(D).

Jack Raymond Wirth v. State of Indiana (mem. dec.)
82A05-1411-CR-513
Criminal. Affirms six-year sentence for conviction of Class C felony battery with a deadly weapon.

In the Matter of the Involuntary Term. of the Parent-Child Relationship of M.R., Minor Child and Her Father, J.R., J.R. v. Ind. Dept. of Child Services (mem. dec.)
38A02-1404-JT-236
Juvenile. Affirms termination of parental rights.

 

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Opinions: 6/29/2015

Indiana Supreme Court
Larry D. Russell, Jr. v. State of Indiana
84S01-1409-CR-583
Criminal. Affirms 10-year sentence for conviction of five counts of Class C felony neglect of a dependent and two counts of Class C felony criminal confinement. Despite an erroneous application of a particular section of Indiana Code on a perceived statutory cap on sentencing, the plea agreement is enforceable because Russell received the benefit of the bargain and there is no compelling reason to set aside the conviction, the majority held. Chief Justice Loretta Rush concurred in result only. Justice Mark Massa dissented, finding that the trial court’s acceptance of a plea agreement based on an error of law amounted to an abuse of discretion.

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EPA loses on power-plant emissions rule

The Obama administration didn’t adequately consider the billions of dollars in costs before issuing a rule designed to cut hazardous emissions from 460 coal-fired power plants, the Supreme Court of the United States ruled.

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Indiana House hires attorneys to defend public records suit

The Indiana House of Representatives has hired two outside attorneys, who bill an average of nearly $400 an hour, to defend itself from a lawsuit filed over its refusal to provide correspondence over a solar power bill under the state's public records law.

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Opinions: June 26, 2015 ILD

Indiana Court of Appeals
David Drummond v. State of Indiana (mem. dec.)
49A02-1408-CR-577
Criminal. Affirms denial of petition to modify sentence.

Terry L. Austin v. State of Indiana (mem. dec.)
30A04-1412-CR-589
Criminal. Affirms convictions of Class C felony bribery and Class D felony official misconduct.

White County Sheriff John Roberts, White County Commissioners, John Heimlick, Ronald Schmierer, and Steve Burton v. Chris and Connie Luthi (mem. dec.)
37A03-1501-CT-33
Civil tort. Affirms denial of White County parties’ motion for summary judgment on negligence claim.

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Opinions June 26, 2015

7th Circuit Court of Appeals
Renato DeBartolo v. United States of America
14-3579
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller.
Reverses denial of a petition for relief from a removal order resulting in the deportation of DeBartolo to Italy. The panel held that the failure of DeBartolo’s attorney to inform him that pleading guilty to a drug charge could result in deportation proceedings was ineffective assistance of counsel.

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