7th Circuit Court of Appeals
Dale J. Atkins v. Michael Zenk
Civil. Affirms U.S. District Court’s denial of habeas corpus petition, holding Atkins did not prove his claim that he was deprived of his Sixth Amendment right to effective assistance of trial counsel.
Indiana Supreme Court
Henry C. Bennett and Schupan & Sons, Inc. v. John Richmond and Jennifer Richmond
Civil. Finds the trial court did not abuse its discretion when it allowed a psychologist to testify on behalf of a plaintiff in a personal injury case as to the cause of a brain injury or in finding that the psychologist’s testimony was based on reliable scientific principles.
Reginald N. Person, Jr. v. Carol A. Shipley
Civil tort. Holds the trial court did not abuse its discretion by admitting expert testimony offered by a personal injury defendant in a rear-end collision case. Dr. Turner’s opinions were based on reliable scientific principles that could be applied to the facts at issue.
Indiana Court of Appeals
William R. Wallace v. State of Indiana
Criminal. Affirms trial court’s order denying Wallace’s motion to dismiss a charge of Class D felony voyeurism for videotaping without consent a sexual encounter he had with a woman.
Nathan Anderson v. State of Indiana
Criminal. Affirms conviction of and sentence for murder, but reverses convictions of and vacates sentences for burglary and abuse of a corpse, holding Anderson had been denied his request for counsel prior to making statements in interrogation and that the admission of that testimony into evidence at trial influenced the jury’s decision.
Steven Nowling v. State of Indiana
Criminal. On petition for rehearing, the appellate court affirmed its original decision affirming the trial court, holding that during trial Nowling never objected to testimony by a forensic scientist who affirmed the presence of methamphetamine in a pen hull seized from Nowling’s home.
Christopher Stark v. State of Indiana
Criminal. On interlocutory appeal, affirms trial court’s denial of Stark’s motion to suppress evidence that he had a handgun in his possession, holding that a police officer found the gun when retrieving Starks’ coat and that any intrusion in finding the gun was minimal.
Ronald D. Tiede v. State of Indiana (NFP)
Criminal. Affirms trial court’s denial of motion to withdraw guilty pleas to two counts of Class B felony dealing in methamphetamine and affirms trial court’s modification of the sentence contained in Tiede’s plea agreement.
Jason Schapker v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.
Gary Hollin v. State of Indiana (NFP)
Criminal. Affirms trial court’s sentence following determination that Hollin violated his probation.
In the Matter of M.K., I.K., and N.K.; R.K. and E.K. v. Indiana Department of Child Services and Stephen P. Griebel (NFP)
Juvenile. Reverses trial court’s determination that a couple’s three children were children in need of services, holding that the Department of Child Services was overzealous in removing the children from the parents’ care at a time when the family was intact but had suffered a series of unfortunate circumstances.
Daddys 'O Pub, LLC v. Purkey Enterprises, Inc. (NFP)
Civil plenary. Affirms trial court’s determination that an 1897 deed did not create an easement in Purkey Enterprises’ building that would enable the owners of an adjoining pub to use its stairway to access the second story of the pub’s building.
Nick Khanthamany v. State of Indiana (NFP)
Criminal. Affirms convictions of felony murder and conspiracy to commit robbery.
James Eubanks, Jr. v. State of Indiana (NFP)
Criminal. Affirms sentence for Class B felony burglary.
Samantha Bradley v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A misdemeanor criminal trespass and Class A misdemeanor resisting law enforcement.
Susan Kohl v. Duane Kohl (NFP)
Domestic relation. Affirms trial court’s determination that that husband’s pension should not be included as a marital asset, but finding that the wife presented sufficient evidence to rebut the statutory presumption that an equal division of marital property is just and reasonable; remands to the trial court with instructions to award 60 percent of the marital estate to the wife and 40 percent to the husband.
Brien Clayton v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony dealing in cocaine, finding harmless any error in the admission of opinion testimony and sufficient evidence to support the conviction.
Indiana Tax Court had issued no opinions by IL deadline.