7th Circuit Court of Appeals
United States of America v. Roger D. Slone
09-4089
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms conviction of conspiracy to distribute marijuana and sentence of 120 months in prison. The search incident to his arrest was reasonable and the vehicle evidence was properly admitted against him.
The Indiana Supreme Court has appointed Indianapolis attorney Jane H. Conley as Judge Pro Tempore in Marion Superior Court, according to a Feb. 16 order posted on the court’s website this week.
The Supreme Court of the United States denied one prisoner lawsuit from Indiana today, while not saying whether it will address another case from this state on judicial speech. No decision was made on a third Hoosier case it heard arguments on more than a month ago addressing vehicular flight.
A Marion man will be honored in March by the National Court Appointed Special Advocates Association with the G.F. Bettineski Child Advocate of the Year Award. Frank West of CASA of Grant County will receive the award during the association’s 30th annual national conference in Chicago.
A case involving a Bloomington real estate transaction required the Indiana Court of Appeals to decipher the statutes in question without the aid of previous interpretations because of a lack of previous caselaw interpreting them.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Jammy Daniels v. State of Indiana (NFP)
20A05-1006-PC-359
Post conviction. Reverses decision to decline to vacate Daniels’ habitual-offender sentencing enhancements. Remands for re-sentencing.
Donald Baker III v. State of Indiana (NFP)
49A05-1006-CR-349
Criminal. Affirms convictions of Class A misdemeanors battery and trespass.
Jimmy Vance v. Caesars Entertainment, Inc. (NFP)
31A04-1007-CC-501
Civil collections. Affirms judgment ordering Vance to pay Caesars Entertainment $75,000, money advanced to him from his established line of credit to gamble at the casino.
Joe E. Smitson v. State of Indiana (NFP)
82A04-1004-CR-248
Criminal. Affirms convictions of Class C misdemeanors operating a vehicle while intoxicated and operating a vehicle with a BAC of 0.08 or greater, which were later enhanced to Class D felonies after Smitson pleaded guilty to felony enhancements after he was convicted.
Kenneth Bradley v. State of Indiana (NFP)
34A04-1009-CR-595
Criminal. Affirms revocation of probation and execution of remainder of suspended sentence.
Juan Stallworth v. State of Indiana (NFP)
49A05-1007-CR-401
Criminal. Affirms convictions of Class D felonies battery and intimidation and Class A misdemeanors criminal recklessness and driving while suspended.
Rick Delon v. Timothy Rallings, et al. (NFP)
34A04-1006-PL-355
Civil plenary. Affirms judgment in favor of the Rallings on their complaint for breach of contract in the sale of residential real estate.
Eric Welch v. State of Indiana (NFP)
27A02-1007-CR-893
Criminal. Affirms aggregate 71-year sentence for four counts of Class A child molesting, three counts of Class B felony sexual misconduct with a minor, and Class A misdemeanor contributing to the delinquency of a minor.
Term. of Parent-Child Rel. of T.G.; P.D.G. v. IDCS, Vanderburgh County Office (NFP)
82A05-1007-JT-465
Juvenile. Affirms termination of parental rights.
Paternity of W.H.; S.S. v. D.L.H. (NFP)
35A02-1008-JP-987
Juvenile. Dismisses appeal by S.S. of trial court’s finding that there exists a preset order for college expenses for his child and the mother has the right to file for amendment of that order.
Adoption of T.L.; D.F., K.F. v. M.J. (NFP)
49A04-1005-AD-310
Adoption. Affirms denial of D.F. and K.F.’s cross-petition for adoption of T.L. and grant of the petition for adoption filed by T.L.’s half brother.
Duane Walters v. Home Bank, S.B., et al. (NFP)
55A01-1005-MF-193
Mortgage foreclosure. Reverses judgment of foreclosure and remands for further proceedings. Affirms the partial summary judgment upon the note borrowing money from Home Bank.
Term. of Parent-Child Rel. of J.J. and H.J.; H.A. v. IDCS (NFP)
64A03-1007-JT-358
Juvenile. Affirms termination of parental rights.
Scott Malott v. State of Indiana (NFP)
54A04-1006-CR-356
Criminal. Affirms convictions of and sentence for murder and Class B felony confinement.
Randall Spears v. State of Indiana (NFP)
49A02-1007-CR-726
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Joshua Burke v. State of Indiana
49A02-1006-CR-660
Criminal. Affirms conviction of Class B felony burglary. Indiana Code Section 35-43-2-1(1)(B)(ii), which enhances burglary from a Class C felony to Class B felony if the building or structure burgled is used for religious worship, does not violate the Establishment Clause of the First Amendment or Article 1, Section 4 of the Indiana Constitution.
The Indiana Court of Appeals ruled against a man who argued the enhancement of his burglary conviction to a Class B felony because he burgled a church violated the federal and state constitutions. In the first impression issue, the judges held the enhancement doesn’t violate the Establishment Clause of the First Amendment or Article 1, Section 4 of the Indiana Constitution.
The Indiana University School of Law – Indianapolis, Neighborhood Christian Legal Clinic, and the Central Indiana Peace Corps Association are hosting a poverty law event that will discuss issues facing American families.
For the first time, the Indiana Court of Appeals addressed a contract that included a provision stating the signee is responsible for 40 percent in attorney fees if a hospital had to initiate collection efforts to recover amounts owed.
The Indiana Department of Child Services and IARCCA, an Association of Children and Family Services, announced their agreement today in a dispute regarding reimbursement rate cuts. The dispute led to a lawsuit filed in late 2009 between the two organizations.
An Indiana Court of Appeals judge expressed concern that a woman’s criminal case may be affected by her admittance of violating several city ordinances after her dogs attacked two people.
Indiana Supreme Court history buffs have a new book to read. The Indiana Historical Society Press has published “Justices of the Indiana Supreme Court,” which explores the lives of the state’s 106 justices.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Term. of Parent-Child Rel. of M.W.; M.W. v. I.D.C.S.
32A01-1007-JT-322
Juvenile. Reverses termination of parental rights. Given the father’s efforts to comply with the amended plan and his release from incarceration soon after the hearing date, the trial court’s findings aren’t supported by clear and convincing evidence.
Term. of Parent-Child Rel. of M.W.; M.B. v. I.D.C.S.
32A01-1006-JT-382
Juvenile. Reverses termination of parental rights. Given the Department of Child Services' agreement to give mother a second chance, her severe stroke, and her recent progress at stabilizing her life, the trial court’s findings aren’t supported by clear and convincing evidence.
Steven Weinreb v. TR Developers, LLC, et al.
49A05-1003-CT-152
Civil tort. Affirms denial of Weinreb’s second Rule 60(b) motion alleging his signature on a loan guaranty was forged, negligence of his original attorney, and fraud on the part of an adverse party. The trial court did not abuse its discretion in denying his second motion because all of his alleged grounds for relief were known or knowable at the time of his first Rule 60(B) motion. Remands for a determination of whether TR Developers is entitled to an award of appellate attorney fees.
Indiana Spine Group v. Handleman Company
93A02-1008-EX-932
Civil. Reverses dismissal of Indiana Spine Group’s application seeking full payment for being time barred by statute. The statute of limitations under the Indiana Worker's Compensation Act only apply to claims of compensation and ISG’s claim seeks recovery for pecuniary liability. Remands for further proceedings.
Antonio Gonzalez Vazquez v. State of Indiana
09A05-1008-CR-466
Criminal. Affirms convictions of Class B felony criminal confinement, Class D felony stalking, and Class D felony theft. His appearance in jail clothes during the bench trial did not deny him due process. There was no error in the admission of the uncontested evidence.
Elsor Matthews, Jr. v. State of Indiana
27A02-1003-PC-370
Post conviction. Affirms denial of petition for post-conviction relief. Matthews hasn’t demonstrated the post-conviction court erred by determining he wasn’t prejudiced by any alleged error made by his trial or appellate counsel.
State of Indiana v. John Lovett
32A04-0910-CR-558
Criminal. Affirms on interlocutory appeal the pretrial order declaring certain proposed evidence from the state inadmissible as irrelevant or as hearsay. The state has not demonstrated the court’s order was an abuse of discretion.
James T. Bagby, Jr. v. State of Indiana (NFP)
34A02-1001-CR-158
Criminal. Affirms convictions of and sentence for two counts of Class B felony sexual misconduct with a minor.
James Wilhelm Jr. v. State of Indiana (NFP)
92A05-1006-PC-365
Post conviction. Affirms denial of petition for post-conviction relief.
Sarah Allen v. State of Indiana (NFP)
48A05-1006-CR-460
Criminal. Affirms sentence following guilty plea to Class A felony conspiracy to commit burglary resulting in bodily injury.
Dennis Sanders v. State of Indiana (NFP)
49A02-1007-CR-784
Criminal. Affirms conviction of Class D felony operating a motor vehicle while a habitual traffic offender.
Holly Ann Lewis (Staggs) v. Diana Nicholson and Gary Staggs, Jr. (NFP)
53A01-1006-DR-316
Domestic relation. Reverses order granting paternal grandmother Nicholson visitation with Holly Staggs Lewis’ minor son.
Matthew A. Flores v. State of Indiana (NFP)
02A04-1007-CR-434
Criminal. Affirms conviction of and sentence for Class B felony unlawful possession of a firearm by a serious violent felon.
Mary K. Layton v. State of Indiana (NFP)
90A02-1006-CR-681
Criminal. Affirms sentence following guilty plea to Class D felony theft.
The Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Term. of Parent-Child Rel. of M.W.; M.W. v. I.D.C.S.
32A01-1007-JT-322
Juvenile. Reverses termination of parental rights. Given the father’s efforts to comply with the amended plan and his release from incarceration soon after the hearing date, the trial court’s findings aren’t supported by clear and convincing evidence.
The Indiana Supreme Court has granted transfer on a St. Joseph County adoption case and fully adopted a holding by the state’s intermediate appellate court. In doing so, the state justices invited the prevailing biological mother to request attorney fees because of what it found to be possible frivolous or bad faith efforts.
The Indiana Supreme Court heard oral arguments today involving the subpoena of records from a domestic violence agency by a defendant who had been charged with two counts of Class A felony child molesting.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Ahmad Foster v. State of Indiana (NFP)
49A02-1005-CR-579
Criminal. Affirms denial of motion to modify sentence.
Joseph L. Robinson, III v. State of Indiana (NFP)
79A02-1002-CR-142
Criminal. Affirms conviction of Class B felony dealing in cocaine and adjudication as a habitual substance offender.
Terry W. Dimmett v. State of Indiana (NFP)
82A01-1003-CR-120
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony possession of precursors with intent to manufacture methamphetamine.
David A. Hottman, Jr. v. State of Indiana (NFP)
21A04-1006-CR-439
Criminal. Reverses sentence following guilty plea to two counts of Class A felony dealing a controlled substance within 1,000 feet of a public park. Remands with instructions.
Nathan D. Simpson v. State of Indiana (NFP)
48A02-1005-CR-649
Criminal. Affirms sentence following guilty plea to Class C felony child molesting.
Antoine Hill v. State of Indiana (NFP)
45A03-1008-PC-410
Post conviction. Reverses denial of petition for post-conviction relief and remands with instructions.
E.W. v. State of Indiana (NFP)
28A04-1009-JV-612
Juvenile. Affirms adjudication as a delinquent child for committing Class A misdemeanor criminal mischief if committed by an adult.
Kevin T. Pettiford v. State of Indiana (NFP)
18A02-1004-CR-572
Criminal. Affirms revocation of home detention with Delaware County Community Corrections.
James Edens v. State of Indiana (NFP)
15A04-1007-CR-518
Criminal. Affirms sentence following guilty plea to Class A felony dealing in methamphetamine.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Ahmad Foster v. State of Indiana (NFP)
49A02-1005-CR-579
Criminal. Affirms denial of motion to modify sentence.
The bill that would end a mandatory retirement age for certain judges and the bill that would unify Clark County courts are ready for third reading in their respective houses.