ILNews

Opinions Jan. 29, 2014

January 29, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Court of Appeals
Cory L. Meadows v. State of Indiana
39A01-1305-CR-215
Criminal. Affirms the denial of Meadows’ request for credit for the time he served on electronic monitoring while he was in the drug court program. After examining the statutory provisions governing sentencing, electronic monitoring and deferral programs, concludes it was within the court’s discretion to deny the credit toward his sentence.

Ralph Andrews v. MOR/Ryde International, Inc.
20A04-1303-PL-141
Civil plenary. Affirms order finding that should Andrews’ complaint against Mor/Ryde for breach of contract be successful at a future trial, the damages awarded under Indiana Code 24-4-7-5(b), the Indiana Sales Representative Act, are punitive in nature and, therefore, would be subject to the evidentiary standard, limitation, and diversion provisions of Indiana’s punitive damages statute under Indiana Code 34-51-3-1, et seq. Judge Barnes dissents.

Emergency Services Billing Corporation, Individually and as Agent of the Brooklyn Volunteer Fire Department v. Tonia Conklin and American Family Insurance Group (NFP)
49A05-1309-PL-428
Civil plenary. Reverses summary judgment in favor of Conklin and American Family granted by the court prior to the due date of Emergency Services Billing Corp.’s response brief under Indiana Trial Rules. Remands for further proceedings.

Talesa Howell v. State of Indiana (NFP)
57A05-1306-CR-314
Criminal. Affirms sentence following probation revocation.

Ronald Lemon v. State of Indiana (NFP)
82A05-1305-CR-221
Criminal. Affirms conviction of Class D felony auto theft.

Joseph Franklin v. State of Indiana (NFP)
49A04-1307-CR-323
Criminal.  Reverses Franklin’s conviction of Class D felony possession of a controlled substance.

Maurice D. Beckham v. State of Indiana (NFP)
45A04-1305-CR-234
Criminal. Affirms sentence following guilty plea to murder.

Mark F. Johnson v. State of Indiana (NFP)
02A03-1305-CR-182
Criminal. Affirms sentence for Class A felony burglary.

Jesus Maldonado v. State of Indiana (NFP)
45A04-1307-CR-333
Criminal. Affirms sentence for Class B felony stalking.

In Re the Paternity of A.C.P-C., J.P. v. J.H.C. (NFP)
79A02-1305-JP-423
Juvenile. Affirms grant of father’s petition to prevent mother from relocating with the child.

Thomas Walker v. State of Indiana (NFP)
89A01-1305-CR-248
Criminal. Affirms Class D felony conviction of receiving stolen property.

Andre Marshall, Jr. v. State of Indiana (NFP)
45A03-1305-CR-191
Criminal. Affirms convictions and sentences for Class B felony criminal confinement, Class B felony robbery, Class C felony intimidation, Class D felony pointing a firearm and Class A misdemeanor battery.

Robert L. Neale v. Correctional Medical Services, Inc., et al (NFP)
52A05-1307-CT-361
Civil tort. Affirms summary judgment for the defendants on Neale’s suit alleging medical malpractice and general negligence in the treatment of his injuries sustained from punching his cellmate in the face.

Lynda A. Harris-Martinez v. State of Indiana (NFP)
02A03-1304-CR-123
Criminal. Affirms sentence for Class B felony failure to stop after an accident resulting in injury or death following her guilty plea to four counts of Class A misdemeanor failure to stop after an accident resulting in injury or death, one count of Class B felony failure to stop after an accident resulting in injury or death, and one count of Class D felony operating a vehicle while intoxicated causing serious bodily injury.

Michael Eaton v. State of Indiana (NFP)
29A02-1308-CR-699
Criminal. Affirms conviction of Class C felony battery resulting in serious bodily injury.

Ivan C. Patterson v. CitiMortgage, Inc. (NFP)
45A03-1212-MF-548
Mortgage foreclosure. Affirms denial of motion for relief from judgment under Ind. Trial Rule 60(B).

In the Matter of the Termination of the Parent-Child Relationship of: M.P. and E.P. (Minor Children), and F.P. (Mother) v. The Indiana Department of Child Services (NFP)
23A01-1307-JT-308
Juvenile. Affirms termination of parental rights.

Kathleen Walton, Personal Representative of Estate of Mary Cox, Deceased v. Estate of Glenn Swisher, Deceased (NFP)
49A02-1307-EU-626
Estate, unsupervised. Affirms grant of summary judgment in favor of the estate of Glenn Swisher.

Ryan Bailey v. State of Indiana (NFP)
49A02-1305-CR-419
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Dawn M. Bailey v. State of Indiana (NFP)
84A01-1308-CR-346
Criminal. Affirms revocation of probation and reinstatement of the remainder of Bailey’s suspended sentences.

Fredrick Kyles v. State of Indiana (NFP)
49A02-1305-CR-446
Criminal. Affirms convictions of one count each of Class B felonies robbery and criminal recklessness.

Aaron Gordy v. State of Indiana (NFP)
29A02-1306-CR-504
Criminal. Affirms revocation of placement in community corrections.

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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT