Opinions April 9, 2015

April 9, 2015

The following opinions were posted after IL deadline Wednesday:
Indiana Supreme Court
Cohen & Malad, LLP v. John P. Daly, Jr., Golitko & Daly, P.C., and Golitko Legal Group, P.C.
Civil plenary. Reverses denial of quantum meruit relief to Cohen & Malad for part of the contingent fees earned in cases that where first handled by C&M attorneys and later by Daly and his firm after he left C&M.

Donald W. Myers, III v. State of Indiana
Criminal. Affirms jury verdict finding Myers guilty but mentally ill on four counts of attempted murder and 120-year sentence. Holds any reference during trial to his request for an attorney and refusal to speak to police after the incident did not violate his constitutional right to due process. Justice Rucker dissents.

Thursday’s opinions
Indiana Court of Appeals

Terrence Strong v. State of Indiana
Criminal. Affirms traffic infraction and fine for failing to stop at a stop sign, finding Strong was not subject to double jeopardy based on his conviction of Class A misdemeanor OWI stemming from the same incident. Holds the decision to grant Strong’s permission to file a belated notice of appeal was not an abuse of discretion. Judge L. Mark Bailey dissents with opinion.

In the Matter of the Termination of the Parent-Child Relationship of: A.R. & T.R. and B.R., & A.B. v. The Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.

Lyn Magee v. Brent Welke (mem. dec.)
Civil plenary. Reverses dismissal of Magee’s pro se complaint against Welke alleging legal malpractice, fraud and conversion. Remands for further proceedings.

Todd Stewart v. State of Indiana (mem. dec.)
Criminal. Affirms conviction and sentence of 65 years for murder.