7th Circuit Court of Appeals
U.S.A v. Marlon K. Spears
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Criminal. Affirms denial of motion to suppress evidence, finding that enough probable cause existed to justify a search warrant that led to a man’s convictions on drug charges.
Indiana Supreme Court
Keith Hoglund v. State of Indiana
Criminal. Affirms trial court judgment that found sufficient evidence to support two Class A felony child molesting convictions and a 50-year sentence. Holds that the Indiana Rules of Evidence do not allow for “vouching testimony” in child sex abuse cases and that past caselaw does not create an exception.
Indiana Court of Appeals
Term. of the Parent-Child Rel. of K.E., and T.E. and J.E., T.E. and J.E. v. Indiana Dept. of Child Services
Parental termination. Reverses and remands parental termination case, finding that trial court didn’t comply with Indiana Code 31-35-2-4(b)(2)(A) before involuntary terminating the parental rights.
United Brotherhood of Carpenters and Joiners of America, Local Union No. 2371, Official Bargaining Agent, et al. v. Merchandising Equipment Group, Div. of MEG Manufacturing Corp., et al.
Civil plenary. Affirms trial court’s decision to grant defendant’s Trial Rule 41(E) motion to dismiss for failure to prosecute after 18 years, finding the court didn’t abuse its discretion.
Pamela J. Hensley v. State of Indiana
Criminal. Reverses trial court’s judgment denying motion to suppress evidence seized during a home search, finding that the probation search was not justified under the Fourth Amendment because it wasn’t a valid probation search but more resembled an investigatory search.
Gladys E. Curry and Thomas Curry v. D.A.L.L. Anointed, Inc.
Civil tort. Affirms trial court’s judgment dismissing complaint for injuries and loss of consortium against D.A.L.L. Anointed, finding the lower court did not err in holding it lacked subject matter jurisdiction based on the Indiana Worker’s Compensation Act.
Guardianship of M.A.M.: D.L.M. v. J.G. (NFP)
Guardianship. Reverses trial court’s order denying father’s petition to terminate maternal grandfather’s guardianship, finding prima facie error because of an existing power of attorney the father had in place while he was deployed.
Donnell Caldwell v. State of Indiana (NFP)
Criminal. Affirms six-year sentence imposed by trial court following a Class C felony criminal recklessness conviction, finding the trial court didn’t abuse its discretion in sentencing him and the sentence is not inappropriate.
Lynnette A. Wire v. State of Indiana (NFP)
Criminal. Affirms in part and reverses in part a drunken driving case, finding the evidence is sufficient to sustain a Class C infraction for driving left of center and a Class C misdemeanor conviction of operating a vehicle with a blood alcohol content between 0.08 and 0.15. Remands to vacate conviction of Class C misdemeanor operating while intoxicated.
Term. of the Parent-Child Rel. of R.H. and D.H., D.H. v. Indiana Dept. of Child Svcs. and Lake County CASA (NFP)
Parental termination. Affirms trial court’s involuntary termination of mother’s parental rights, finding evidence supported the juvenile court’s judgment.
Jeffery Haugh v. State of Indiana (NFP)
Criminal. Affirms denial of a motion to withdraw Haugh’s guilty plea in a case involving his conviction of Class D felony failure to notify authorities and moving a body from the scene. Finds the trial court didn’t err and that the sentence is appropriate.
William Estell v. State of Indiana (NFP)
Criminal. Affirms man’s three-year sentence following a conviction of Class D felony escape, finding trial court properly denied motion for a continuance before the sentencing.
Russell A. Prosser, Jr. v. State of Indiana (NFP)
Criminal. Reverses trial court on permitting state to elicit testimony from child-molesting victim’s case manager substantiating the molestation claim. Remands for a new trial.
Richard J. Charlton v. State of Indiana (NFP)
Criminal. Affirms Class B felony rape conviction, finding evidence was sufficient and trial court didn’t abuse its discretion by limiting evidence of sexual history between Richard Charlton and victim.
David S. Stover v. State of Indiana (NFP)
Criminal. Affirms Class A misdemeanor conviction of criminal conversation and one-year sentence suspended to probation, finding evidence was sufficient.
James R. Lockhart, Jr. v. Lisa (Lockhart) Guyer (NFP)
Domestic relation. On petition for rehearing, appellate court revises its Dec. 11, 2011, opinion in same case and removes the citation to Indiana Code 34-52-1-1(b) and instead inserts citation to Indiana Code 31-15-10-1. Affirms previous decision in all other regards.
The Indiana Tax Court had no opinions at IL deadline.