7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Daniel E. Serban v. State of Indiana
02A03-1106-CR-285
Criminal. Declines to revise Serban’s 11-year sentence following guilty plea to Class C felony corrupt business influence
and Class D felony theft. Serban failed to demonstrate his sentence is inappropriate, and his stealing from his clients injured
not only them, but also the legal profession.
Nicholas Williams v. State of Indiana
49A02-1103-CR-266
Criminal. Reverses trial court’s grant of the Indiana Board of Pharmacy’s motion to quash Williams’ subpoena
for a certified copy of “any and all” of Williams’ prescription records. The confidentiality provisions
of the applicable statute were enacted to protect Williams’ physician-patient privilege and pharmacist-patient privilege
and he waived those privileges by requesting his prescription records in the exercise of his constitutional right to present
a complete defense to the charged crimes. Williams’ request is sufficiently particular, the requested information is
material to his defense, not all the information requested would be available from his doctors and the board has failed to
show a paramount interest in not disclosing the information.
Dave's Excavating, Inc. and Liberty Mutual Insurance Co. v. City of New Castle, Indiana
33A04-1104-PL-199
Civil plenary. Affirms two orders entered granting summary judgment to New Castle in its suit against Dave’s Excavating
on breach of a construction contract and against Liberty Mutual under a performance bond. Dave’s refusal to resume work
on the project constituted a breach of construction contract, and Liberty Mutual did not show that it asserted its rights
to elect how to mitigate damages “promptly.”
Anthony J. Rehl, Sr. and Bessie A. Rehl v. Robert V. Billetz and Joy A. Billetz
52A05-1105-PL-246
Civil plenary. Affirms judgment in favor of the Billetzes regarding an access easement. The trial court did not err in making
its findings of facts related to the relative use or increased use of the easement area and interference with the use of the
Rehl property.
Clark County Drainage Board and Clark County Board of Commissioners v. Robert Isgrigg
10A05-1102-PL-68
Civil plenary. Affirms in part and reverses in part summary judgment for Isgrigg. Isgrigg, in his official capacity as county
surveyor, had standing to seek declaratory relief from the Clark County Drainage Board’s actions. The drainage board’s
subdivision project didn’t establish a regulated drain under Indiana Code, and therefore, the board wasn’t required
to utilize the county surveyor. The board’s removal of an obstruction from a natural watercourse without the county
surveyor’s participation did violate Indiana Code.
Charles Lawrence, Sr. v. State of Indiana
02A03-1105-CR-194
Criminal. Affirms murder conviction. The state presented sufficient substantive evidence to establish that Lawrence was in
his sister’s apartment around the time of the shooting and had the opportunity to commit murder.
Shandaleigha M. Tharp v. State of Indiana (NFP)
48A05-1105-CR-292
Criminal. Vacates Tharp’s aggregate 27-year sentence following a guilty plea for various offenses, including forgery,
burglary, and theft and imposes an aggregate sentence of 19.5 years, with 14.5 executed and five years suspended.
Diyon Evans v. State of Indiana (NFP)
49A04-1104-CR-227
Criminal. Affirms convictions of Class B felony rape and Class B felony criminal deviate conduct.
Arnold W. Cook v. Consolidated Roofing, Inc. (NFP)
34A02-1104-CC-339
Civil collection. Affirms judgment substantially in favor of Consolidated Roofing on Cook’s complaint for injunctive
and declaratory relief and damages.
Vincent Barrett and Sarah Barrett v. City of Logansport, Indiana; Michael Nicoll, in his capacity
as Sexton of Mount Hope Cemetery; and James McDonald (NFP)
09A02-1103-PL-252
Civil plenary. Affirms judgment in favor of Logansport, Nicoll and McDonald on the Barretts’ claims for negligence,
breach of contract, fraud and injunctive relief.
R.W. v. Indiana Department of Child Services (NFP)
71A03-1107-JT-309
Juvenile. Affirms involuntary termination of parental rights.
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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.