7th Circuit Court of Appeals posted no opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
D.A.
v. State of Indiana
49A02-1108-JV-692
Juvenile. Affirms juvenile court’s decision to order inpatient treatment for D.A. who entered into a plea agreement
admitting to Class B misdemeanor battery if committed by an adult and “conditionally” agreed to admit to Class
C felony child molesting, if committed by an adult. D.A.’s placement is consistent with the goals for his rehabilitation.
The appellate judges do not have jurisdiction to resolve the issue of whether the trial court erred in accepting his conditional
plea to the child molesting charge because there was no evidence of D.A.’s intent with regard to the molesting. The
conditional plea is the equivalent to a withheld judgment so there is no final judgment or appealable final order from which
to appeal.
Daniel
P. Millikan v. Lori A. Eifrid
92A03-1109-PL-433
Civil plenary. Affirms trial court properly determined that Eifrid was the bona fide and innocent purchaser for value of
a parcel of property when applying the doctrine of equitable subrogation. The trial court erred in ordering Millikan to pay
Eifrid’s attorney fees because the court didn’t determine that Millikan had committed fraud that would entitle
Eifried to recover those fees. Remands with instructions to vacate the award of attorney fees.
Dontevius
Hutcherson v. State of Indiana
45A03-1109-CR-420
Criminal. Affirms convictions, including murder, attempted murder and robbery. Finds Hutcherson was afforded the opportunity
to meet and question Lee face-to-face and therefore was not deprived of his right of confrontation under the state or federal
constitutions. Due to the cumulative nature of evidence contained in Victor Lee’s prior statement, Hutcherson was not
prejudiced when it was read aloud to the jury because Lee was illiterate.
Jason
Jeffries v. State of Indiana
87A01-1102-CR-128
Criminal. Affirms the trial court properly denied Jeffries’ motion to set aside his guilty plea. The confusion regarding
application of the habitual offender count to one cause and not the other does not rise to the level of a manifest injustice.
His ineffective assistance of trial counsel claim also fails.
Walter
B. Duncan v. The Greater Brownsburg Chamber of Commerce, Inc.
32A01-1109-CC-429
Civil collection. Reverses denial of the chamber’s motion for summary judgment on Duncan’s breach of contract
claim and remands with instructions. The most Duncan was entitled to in the event of a breach of contract by the chamber of
the notice requirement was 30 days compensation, and the designated evidence does not create a genuine question regarding
damages. Adopts the majority rule that “the summary discharge of an employee entitled under the employment contract
to a specified period of notice ordinarily permits him to recover his compensation for the notice period only and not for
the entire balance of the contract period.”
Jasper
A. Wisdom v. State of Indiana (NFP)
82A01-1108-CR-380
Criminal. Remands for an inquiry into Wisdom’s ability to pay the $1,600 in restitution and, if appropriate, for adjustment
of the restitution amount based on that factor.
State
of Indiana v. Blake Lodde (NFP)
79A02-1111-CR-1067
Criminal. Reverses order granting Lodde’s motion to suppress evidence gathered during and after an investigatory stop
of his vehicle. Remands with instructions.
Louis
Amalfitano v. State of Indiana (NFP)
48A04-1108-CR-446
Criminal. Affirms convictions, including Class B felony criminal confinement, Class C felony battery resulting in serious
bodily injury, and Class D felony exploitation of an endangered adult.
Brett
A. Head-Mattingly v. State of Indiana (NFP)
82A05-1103-CR-127
Criminal. Affirms conviction of Class B felonies attempted burglary and burglary, and Class D felony theft.
Michael
E. Kirk v. State of Indiana (NFP)
49A04-1111-PC-609
Post conviction. Affirms denial of petition for post-conviction relief.
Nancy
A. Regula, as Administrator of the Estate of Daniel G. Young, Deceased v. HPG Corp., doing business as Cohen Brothers Metals
Co. and Integrity Metals (NFP)
89A01-1109-CT-402
Civil tort. Affirms summary judgment in favor of HPG Corp. on a negligence claim.
J.M.
v. State of Indiana (NFP)
18A02-1109-JV-817
Juvenile. Affirms adjudication for what would be Class B felony child molesting if committed by an adult.
C.F.
v. M.R. (NFP)
30A01-1110-DR-467
Domestic relation. Affirms order granting M.R.’s motion to modify custody.
Rodney
D. Craft v. State of Indiana (NFP)
66A03-1104-CR-145
Criminal. Affirms convictions of Class D felonies possession of reagents and precursors with intent to manufacture a controlled
substance, possession of methamphetamine, and possession of cocaine.














I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.