neglect
Articles
Disciplinary actions – 5/11/11
Read about disciplinary actions imposed by the Indiana Supreme Court.
Bills on courts, forfeiture before governor
Several Indiana counties will have their Circuit and Superior courts unified and certain judges will no longer have to be less than 70 years old when they take office, thanks to legislation passed during the 2011 session of the General Assembly.
Mental aspect of capital cases can be challenging
When it comes to tallying the total price of capital punishment, the cost of those cases for the legal community is more than just expansive legalese and court procedures that span a decade or two.
State death penalty cases averaged 17 years
When the moment of death finally arrives, it ends what may be described as a long legal journey to justice within the capital punishment system.
Immigration bill could bring Indiana into the national spotlight
On May 9, Indiana was still awaiting word about whether Gov. Mitch Daniels would sign Senate Enrolled Act 590. After a protracted volley between the House and Senate, the bill designed to crack down on illegal immigration passed on April 29, its language considerably altered from the introduced version.
Diverse legal team brings diverse perspective
Ask if it is important for law firms to comprise a diversified group of lawyers, and the answer will be a resounding “yes.” Mirroring society’s cultural mix, expanding the firm’s thought pool, and improving the ability of clients to identify with their lawyers are all reasons diversity makes good business sense.
Enduring legal process doesn’t change parents’ desire for justice
For 11 years, Dale and Connie Sutton’s lives as parents have been about ensuring what they see as justice for their murdered daughter.
ICJI board appoints new executive director
The Indiana Criminal Justice Institute has appointed Mark Massa as executive director.
COA affirms remanded sentence
The Indiana Court of Appeals affirmed a man’s remanded sentence of 44 years, finding that his previous drug conviction could serve as both the basis for his consecutive sentence for a firearm conviction and to enhance his sentences for his other convictions.
Opinions May 9, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Brian E. Connell v. State of Indiana (NFP)
27A04-1010-CR-642
Criminal. Affirms convictions of and sentence for two counts of Class B felony burglary, Class C felony carrying a handgun without a license, two counts of Class D felony theft, Class D felony resisting law enforcement, Class A misdemeanor possession of marijuana, and adjudication as a habitual offender.
Jennings Daugherty v. State of Indiana (NFP)
89A01-1010-CR-520
Criminal. Affirms convictions of and sentence for Class D felony intimidation, Class D felony operating a motor vehicle while intoxicated, two counts of Class B felony possession of a firearm by a serious violent felon, and adjudication as a habitual offender.
Richard Cunningham v. Sandra Rains (NFP)
24A01-1011-PO-628
Protective order. Affirms issuance of protective order in favor of Rains.
Ryan Leon Stamm v. State of Indiana (NFP)
48A04-1011-CR-727
Criminal. Affirms convictions of and sentence following a guilty plea to felony murder, Class D felony resisting law enforcement, Class A misdemeanor criminal recklessness, and Class C felony carrying a handgun without a license.
George W. Wilson v. State of Indiana (NFP)
82A05-1007-PC-498
Post conviction. Affirms denial of petition for post-conviction relief.
Joseph James v. State of Indiana (NFP)
46A05-1008-CR-530
Criminal. Affirms sentence following guilty plea to Class C felony stalking.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted two transfers and denied 18 for the week ending May 6.
Opinions May 9, 2011
Indiana Court of Appeals
Johnnie Stokes v. State of Indiana
49A04-1009-CR-578
Criminal. Affirms 44-year aggregate sentence for Class B felonies robbery, attempted robbery, and unlawful possession of a firearm, and Class C felony criminal recklessness. The trial court did not abuse its discretion in considering Stokes’ 2001 dealing in cocaine conviction and evidence of his extensive criminal record to enhance his sentences for his other present offenses. His sentences also do not violate the double jeopardy clause of the Indiana Constitution.
Judge rules against former deputy in Taser suit
A federal judge has ruled in favor of the Hamilton County sheriff and other officials in a former employee’s lawsuit filed after the employee was fired for refusing to be shocked by a Taser as part of a training session.
Prosecutor undergoes bypass surgery
Marion County Prosecutor Terry Curry underwent cardiac bypass surgery Monday at an Indianapolis-area hospital.
Justices take felony murder, child support cases
The Indiana Supreme Court has granted transfer to two cases – a convicted murder’s appeal and a case involving child support nonpayment.
Federal judge upholds death sentence
A federal judge in northern Indiana has denied a condemned inmate’s request to take him off death row, rejecting multiple claims that include one that would basically create a new rule prohibiting those who are severely mentally ill from being executed as is the standard for the mentally retarded.
2011 Leadership in Law photos online
Photos from Indiana Lawyer's 2011 Leadership in Law reception are now available online. Click here to view the honorees.
COA affirms perjury, misconduct convictions against children’s caseworker
The Indiana Court of Appeals has ruled that that a closed hearing on a juvenile proceeding was admissible as evidence in the perjury trial of an Indiana Department of Child Services caseworker.
Opinions May 6, 2011 ILD
7th Circuit Court of Appeals
United States of America v. Jermel C. Thomas
10-3566
U.S. District Court, Northern District of Indiana, South Bend Division,
Judge Robert L. Miller, Jr.
Criminal. Dismisses appeal, stating the District Court did not err in enforcing a plea agreement wherein Jermel Thomas had waived his right to appeal his sentence and conviction.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
John Witt, Hydrotech Corp. and Mark Shere v. Jay Petroleum, Inc. and Jack R. James
38A02-0912-CV-1290
Civil. Reverses trial court’s award of attorney fees to Jay Petroleum and Jack James, ruling the trial court erred when it determined the appellants were in contempt of court.
R.L. Turner Corporation v. Town of Brownsburg
32A01-1008-PL-373
Civil plenary. Affirms trial court’s order awarding attorney fees to the Town of Brownsburg, ruling that R.L. Turner Corporation’s lawsuit was frivolous, unreasonable, and groundless.
Dwayne Eversley v. State of Indiana (NFP)
49A04-1008-CR-497
Criminal. Affirms convictions of invasion of privacy, as both a Class D felony and a Class A misdemeanor, and resisting law enforcement, as both a Class D felony and a Class A misdemeanor.
A.M. v. Review Board (NFP)
93A02-1008-EX-887
Civil. Affirms Indiana Department of Workforce Development Review Board’s denial of unemployment compensation benefits.
Steven Gray v. State of Indiana (NFP)
15A05-1010-CR-690
Criminal. Affirms 50-year sentence for Class A felony child molesting. Reverses convictions of Class B felonies rape and incest on double jeopardy grounds, and remands with instructions to vacate.
Tiffany L. Otten v. State of Indiana (NFP)
02A03-1009-CR-538
Criminal. Affirms conviction of Class B felony neglect of a dependant.
Willie J. Herman v. State of Indiana (NFP)
02A03-1010-CR-560
Criminal. Affirms conviction of Class D felony battery.
Jerry Kohlhouse v. Black's Excavation (NFP)
42A01-1010-SC-594
Small claim. Affirms trial court’s judgment for Black’s Excavation and its dismissal of Jerry Kohlhouse’s counter-claim.
A.F. & R.B. v. I.D.C.S. (NFP)
20A03-1010-JC-521
Juvenile CHINS. Affirms trial court’s adjudication of children as children in need of services.
Ronald Cox v. State of Indiana (NFP)
49A05-1009-CR-536
Criminal. Affirms convictions of two counts of Class C felony child molesting and one count Class D felony child solicitation.
Jermarcus L. Grandberry v. State of Indiana (NFP)
02A05-1010-CR-643
Criminal. Affirms conviction of and sentence for Class B felony burglary.
Jamie L. Vida v. State of Indiana (NFP)
20A03-1012-PL-664
Civil plenary. Reverses denial of verified petition for removal from the Indiana Sex Offender Registry. Remands with instructions to grant petition.
Tyler Sturdivant v. State of Indiana (NFP)
49A02-1008-CR-934
Criminal. Affirms convictions of Class C felony battery and Class A misdemeanor battery.
Marlon D. Taylor v. State of Indiana (NFP)
49A05-1010-CR-597
Criminal. Affirms trial court’s finding that Taylor violated his community corrections placement and probation.
Indiana Tax Court had posted no opinions at IL deadline.