ILNews

Opinions April 9, 2014

April 9, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Court of Appeals
In re the Order for the Payment of Attorney Fees and Reimbursement of Expenses, State of Indiana v. Jeffrey Cook
48A02-1307-MI-615
Miscellaneous. Affirms order the state should pay Pendleton Correctional Facility inmate Jeffrey Cook’s appellate counsel $5,232.35 in attorney fees and expenses. I.C. 33-37-2-4, which recognizes the financial burden placed on counties containing state correctional facilities, and shifts the burden to the state to pay both trial and appellate costs.

State Farm Fire & Casualty Company a/s/o Kenneth Burkhart v. H.H. Niswander
35A02-1307-CT-638
Civil tort. Affirms dismissal of complaint of negligence against H.H. Niswander and award of attorney fees to the car dealership. There was no evidence in the cause-and-origin report that H.H. Niswander was negligent or that the oil change performed by H.H. Niswander caused the car fire. There was no evidence supporting State Farm’s allegations that H.H. Niswander was negligent or caused the fire. Despite this lack of evidence, State Farm pursued the case.

K.L. v. E.H.
29A02-1308-MI-681
Miscellaneous. Affirms order granting the petition for visitation filed by E.H., the paternal grandfather of K.L.’s child. The trial court did not abuse its discretion in excluding the testimony Mother wished to elicit from a mediator regarding visitation. The trial court acknowledged the limited contact mother had with E.H.’s family, the grandfather’s experience caring for and raising children, and that there was no evidence L.L. would be unsafe in his care. Judge Robb concurs in part and dissents in part.

Abelardo Perez-Romero v. State of Indiana (NFP)
20A03-1307-CR-290
Criminal. Affirms convictions of two counts of Class A felony child molesting.

Matthew McKinney v. State of Indiana (NFP)
15A01-1309-CR-399
Criminal. Affirms 30-year aggregate sentence following guilty plea to two counts of dealing in a schedule II controlled substance, one as a Class A felony and one as a Class B felony; and Class C felony dealing in marijuana.

Roger T. Fox v. State of Indiana (NFP)
52A02-1307-IF-608
Infraction. Affirms citation for failing to wear a seatbelt under I.C. 9-19-10-2.

In the Matter of the Termination of the Parent-Child Relationship of: G.G. (Minor Child), And A.S. (Mother) & G.G., Jr. (Father) v. The Indiana Department of Child Services (NFP)
18A05-1308-JT-418
Juvenile. Affirms termination of parental rights.

Risha Warren v. Review Board of the Indiana Department of Workforce Development and Springs Valley Community School Corp. (NFP)
93A02-1311-EX-949
Agency action. Affirms denial of unemployment benefits.

Antione Marshall v. State of Indiana (NFP)
27A05-1308-CR-425
Criminal. Affirms revocation of probation and order Marshall serve his previously suspended sentence.

Zar Dyson v. State of Indiana (NFP)
27A02-1302-CR-135
Criminal. Affirms that the trial court properly denied Dyson’s motion to strike an amended charging information and acted within its discretion in refusing to give his tendered jury instruction that defined “recklessly.” Concludes that the evidence was sufficient to support Dyson’s convictions for intimidation and pointing a firearm. The conviction and sentence for the lesser offense—pointing a firearm—must be set aside on double jeopardy grounds because there was a reasonable possibility that the jury used the exact same evidence to convict Dyson of both offenses. Affirms 20-year aggregate sentence, except for the erroneous sentence imposed for pointing a firearm. Judge Crone concurs in part and dissents in part.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was looking through some of your blog posts on this internet site and I conceive this web site is rattling informative ! Keep on posting . dfkcfdkdgbekdffe

  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

ADVERTISEMENT