Students push for immigration reform
House Enrolled Act 1402 may make tuition unaffordable for some students.
neglect
Articles
What’s next for Indiana’s death penalty?
Unlike other states, Indiana has not abolished or suspended use of executions.
Inspiration through loss
Charity founders discuss the origins of their organizations – Kate Cares, Outrun the Sun, and the Joseph Maley Foundation.
The evolution of capital punishment
The Indiana Lawyer takes a historical look at how the death penalty system has evolved during the past 40 years and how Indiana has amended its practices and procedures through the decades.
Views shift on use of executions
What if 1976 hadn’t played out the way it did, and some of the jurists on the U.S. Supreme Court had held the view of capital punishment at that juncture that they did at the end of their judicial careers? The death penalty may never have been reinstated.
Proposed rules provide uniformity for parenting coordinators
The use of parenting coordinators is increasing around the state. But depending on where you are in Indiana, the authority of the parenting coordinator – PC – may differ. In an effort to create uniformity, rules are being proposed that would regulate the role and authority of PCs.
7th Circuit: Indiana judge violated man’s Sixth Amendment right to counsel
An appellate court has ruled that a senior judge in the Northern District of Indiana violated a man’s Sixth Amendment rights by not allowing him to proceed to trial with the lawyer of his choosing.
Court rules on medical malpractice excess damages issue
The Indiana Court of Appeals has ruled on an issue of first impression, adopting recent guidance from the state’s highest court to decide that evidence relating to medical malpractice liability can be introduced in determining damages even after someone enters into a settlement with the healthcare provider on that underlying claim.
Justices take two cases
The Indiana Supreme Court has granted transfer to two cases – a civil case involving a car accident and an appeal from a convicted child molester.
Opinions May 23, 2011, ILD
7th Circuit Court of Appeals had posted no opinions at IL deadline
Indiana Supreme Court had posted no opinions at IL deadline
Indiana Court of Appeals
Jimmie E. Jones, Jr. v. State of Indiana
29A02-1008-CR-935
Criminal. Affirms conviction for felony murder, stating that the trial court did not err by refusing Jimmie Jones’s tendered instructions on reckless homicide and involuntary manslaughter, as evidence suggests Jones knowingly and willingly killed the victim.
Willie McCain, Jr. v. State of Indiana
27A02-1009-CR-985
Criminal. Affirms trial court’s judgment of conviction for Class B felony dealing in cocaine, stating that while the court erred in prohibiting as unsubstantiated any discussion of the confidential informant’s criminal background, the error was harmless beyond a reasonable doubt.
James Andrew Foxworthy v. State of Indiana (NFP)
32A05-1009-CR-583
Criminal. Reverses conviction for Class A misdemeanor domestic battery, stating the trial court abused its discretion in admitting a deputy’s testimony over the defendant’s hearsay objection.
Jack M. Estes, II v. State of Indiana (NFP)
32A04-1010-CR-693
Criminal. Reverses consecutive sentences for revocation of probation in Hendricks and Boone counties, and remands for imposition of concurrent sentences.
Ronald Hollin v. State of Indiana (NFP)
36A01-1008-CR-378
Criminal. Affirms convictions for Class A felony child molesting and other related counts.
Joseph Cree v. State of Indiana (NFP)
09A02-1009-PC-1008
Post-conviction relief petition. Affirms order of post-conviction court’s summary denial of petition.
Johnny Baptiste v. State of Indiana (NFP)
49A05-1010-CR-616
Criminal. Reverses convictions for Class D felony auto theft and Class A misdemeanor battery; upholds conviction for Class A felony robbery, stating the robbery and auto theft convictions violate the double-jeopardy single-larceny rule and convictions for robbery violate actual-evidence test.
Donald Mallard v. State of Indiana (NFP)
71A03-1006-PC-362
Post-conviction relief petition. Affirms denial of post-conviction relief petition.
Russel F. Cowherd v. State of Indiana (NFP)
02A05-1008-CR-567
Criminal. Affirms conviction for Class C felony possession of cocaine.
Quan Ning Huang v. Tanas B. Donev (NFP)
02A03-1012-MF-661
Mortgage foreclosure. Affirm’s grant of summary judgment and corresponding entry of decree of foreclosure in favor of Tanas B. Doney.
Indiana Tax Court had posted no opinions at IL deadline
Opinions, May 23, 2011
Indiana Court of Appeals
Jimmie E. Jones, Jr. v. State of Indiana
29A02-1008-CR-935
Criminal. Affirms conviction for felony murder, stating that the trial court did not err by refusing Jimmie Jones’s tendered instructions on reckless homicide and involuntary manslaughter, as evidence suggests Jones knowingly and willingly killed the victim.
Poseyville middle school students to compete in national civics event
Middle school students from North Posey Junior High School will compete in the National Project Citizen Showcase in August, after winning the state competition on May 17.
Bankruptcy Court seeks public comment
The United States Bankruptcy Court for the Northern District of Indiana is seeking public comment concerning proposed changes to the court’s local rules. The changes involve the rule, B-2014-1, Employment of Professionals by Debtor-in-Possession.
Justices won’t intervene in secretary of state eligibility case
Ruling on an emergency transfer request, the Indiana Supreme Court today accepted Secretary of State Charlie White’s appeal against the state’s Democratic Party and ruled it won’t put a halt to the case while a recount investigation and criminal voter fraud proceedings are ongoing.
Mother’s rights at issue in COA reversal
The Indiana Court of Appeals has reversed a paternity ruling from Vanderburgh County, finding that the judge should have taken a second look at the case after a mother wasn’t given a chance to be properly heard on custody of her child.
ISBA responds to fallout from split Supreme Court ruling
The Indiana State Bar Association issued a statement today addressing the outrage being expressed by many people concerning a state Supreme Court decision last week, which held individuals don’t have the right to resist police who enter private residences, even if those entries are illegal.
ISBA conference registration deadline extended
The Indiana State Bar Association has extended the early bird registration deadline for its Solo & Small Firm Conference to May 23.
Opinions May 20, 2011 ILD
7th Circuit Court of Appeals
Digitech Computer, Inc. v. Trans-Care, Inc.
10-1525 & 10-1652
Civil. Affirms decisions on fraud and breach of contract, but vacates damages awarded and remands for a new calculation of damages and fees in accordance with opinion.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Jose Serrano-Lopez v. State of Indiana (NFP)
49A05-1005-CR-294
Criminal. Affirms conviction of one count of Class A felony rape, one count of Class A felony criminal deviate conduct, and other related charges.
Maurice A. Davis v. State of Indiana (NFP)
49A02-1008-PC-1005
Post-conviction relief petition. Affirms denial of post-conviction relief petition.
Timothy Robinson v. State of Indiana (NFP)
09A02-1007-CR-848
Criminal. Affirms the trial court’s ruling allowing the state to amend its charging information and reverses the court’s aggregate sentence of 66 years and remands for resentencing consistent with opinion.
Invol. Term. of Parent-Child Rel. of M.R. and A.M.; A.M. & B.M. v. IDCS (NFP)
79A02-1008-JT-1191
Juvenile termination of parental rights. Affirms termination of parental rights for both parents.
Donald Fulk, Jr. v. State of Indiana (NFP)
32A01-1007-CR-381
Criminal. Affirms conviction for Class B felony aggravated battery.
Justin Lee Cogswell v. State of Indiana (NFP)
29A02-1008-CR-1043
Criminal. Affirms conviction for Class A misdemeanor battery.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions May 20, 2011
7th Circuit Court of Appeals
Digitech Computer, Inc. v. Trans-Care, Inc.
10-1525 & 10-1652
Civil. Affirms decisions on fraud and breach of contract, but vacates damages awarded and remands for a new calculation of damages and fees in accordance with opinion.