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Man to get new trial on meth, marijuana charges

An Elkhart man is entitled to a new trial on drug charges after the Indiana Court of Appeals found the police failed to “scrupulously honor” his right to remain silent.

Underinsurance benefit payout doesn’t satisfy judgment

The Indiana Court of Appeals held that the party at-fault in an auto accident is not entitled to benefit from the injured party’s “carefulness and assiduousness” in obtaining underinsured motorist insurance coverage.

Opinions Sept. 19, 2012

Indiana Court of Appeals
Michael Carpenter v. State of Indiana
85A05-1202-CR-57
Criminal. Affirms conviction of Class B felony conspiracy to commit dealing in methamphetamine. The police officers did not violate Carpenter’s Fourth Amendment rights when they entered the house’s curtilage pursuant to an arrest warrant and looked into the bathroom window. The officers also did not violate his rights under the Indiana Constitution.

Court reduces $1.4M judgment in dispute over work done at Honda plant

The Indiana Court of Appeals has found that Greensburg-based Custom Conveyor Inc. is only entitled to recover about a tenth of the original $1.4 million awarded to it on breach of contract and warranty claims the company made against a subcontractor regarding work on the Indiana Honda plant.

Appellate court upholds life sentence

Duane Turner will spend the rest of his life in prison for murdering a Ball State student in 1994. The Indiana Court of Appeals rejected his claims that his sentence was unconstitutional and that his attorney was ineffective.

Inmate loses appeal of visitation restrictions by DOC

An inmate at the Pendleton Correctional Facility can have his visitation restricted to non-contact visits due to committing battery with a deadly weapon and violating disciplinary procedures, the Court of Appeals concluded.

Malpractice complaint hinges on claim of apparent agency

The Indiana Court of Appeals concluded Wednesday that a Bartholomew Superior judge did not err in denying partial summary judgment on the issue of whether two physicians working as independent contractors were the apparent agents of Columbus Regional Hospital.

Judges find evidence properly admitted in drug case

North Manchester resident Michael Carpenter lost his attempt before the Indiana Court of Appeals to have evidence tossed out that was collected when police officers arrived at his home attempting to serve an arrest warrant for a different man. Police believed the man being sought lived at Carpenter’s residence.

Opinions Sept. 18, 2012 ILD

7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Marlon Sims v. State of Indiana (NFP)
49A02-1203-CR-183
Criminal. Affirms sentence for Class C felony robbery, Class D felony criminal confinement and finding Sims is a habitual offender.

Trenell C. Bright v. State of Indiana (NFP)
02A05-1203-CR-124
Criminal. Affirms convictions and sentences for four counts of dealing in cocaine or narcotic drug, one as a Class A felony and three as Class B felonies.

Sergio Sandoval v. State of Indiana (NFP)
02A02-1111-CR-1113
Criminal. Affirms conviction of Class B felony neglect of a dependent.

Robert Taylor v. State of Indiana (NFP)
49A02-1201-CR-50
Criminal. Affirms conviction of Class B felony rape.

In Re the Estate of Theresa Burnham; James Burnham v. Paulette Labean, Personal Representative of the Estate of Theresa Burnham (NFP)
71A03-1201-ES-30
Estate, supervised. Affirms denial of James Burnham’s petition to take a statutory intestate share of the estate of Theresa Burnham, his estranged wife.

Tavario Baskin v. State of Indiana (NFP)
20A03-1202-PC-79
Post conviction. Affirms denial of petition for post-conviction relief.
 

Justices deny transfer to 7 cases

The Indiana Supreme Court decided not to add any cases to their docket last week. The justices declined transfer to seven cases, including a lawsuit filed by a grandmother against her former attorney because he didn’t sue her grandson’s school.

Supreme Court amends Indiana rules

The Indiana justices have issued several orders amending the rules of court. Among them is a change that allows the Disciplinary Commission to seek reimbursement from attorneys who have resigned or been disbarred.

Opinions Sept 17, 2012 ILD

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Todd J. Posar v. Paula M. Posar (NFP)
71A04-1201-DR-38
Domestic relation. Reverses order granting Paula Posar’s Trial Rule 60(B) motion for relief from judgment pertaining to an order establishing Todd Posar’s college expense arrearage as of that date. Remands with instructions.

Sarah L. Thompson v. State of Indiana (NFP)
02A04-1204-CR-176
Criminal. Affirms conviction of Class C felony battery.

Kyle Lynch v. State of Indiana (NFP)
79A02-1112-CR-1175
Criminal. Affirms conviction and sentence for Class A felony child molesting.

Cory J. Pinkerton v. State of Indiana (NFP)
35A02-1202-CR-94
Criminal. Affirms five-year sentence enhancement imposed under I.C. 35-50-2-11 subsequent to Pinkerton’s conviction of Class C felony reckless homicide.

Jason Middleton v. State of Indiana (NFP)
70A01-1202-CR-69
Criminal. Affirms convictions and sentence for Class D felony possession of methamphetamine and Class A misdemeanor possession of paraphernalia.

Geramy Ridley v. State of Indiana (NFP)
49A04-1202-CR-89
Criminal. Affirms conviction and sentence for Class B felony unlawful possession of a firearm by a serious violent felon.

Kent A. Easley v. Indiana Dept. of Correction, et al. (NFP)
49A02-1202-PL-220
Civil plenary. Affirms dismissal of lawsuit.

Rolando Miguel-Gaspar Mateo v. State of Indiana (NFP)
09A04-1201-CR-17
Criminal. Affirms conviction and sentence for Class B felony aggravated battery.

Perry Odum v. State of Indiana (NFP)
30A01-1203-CR-102
Criminal. Affirms convictions of Class C felony burglary and Class D felony theft.
 

Opinions Sept. 17, 2012

7th Circuit Court of Appeals
Fred E. Dowell v. United States of America
10-2912
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard L. Young.
Civil. Remands with instructions for the District Court to make a determination as to whether Dowell told his attorney to file an appeal to contest whether he was a career offender. Dowell claimed his plea agreement specifically reserved his right to appeal the career offender designation, but his attorney did not file the appeal.

Wentworth, Avery appointed to Pro Bono Commission

Indiana Tax Judge Martha Blood Wentworth has been appointed by the Indiana Supreme Court as chair of the Indiana Pro Bono Commission. Allen Superior Judge David Avery has been appointed vice-chair, the Supreme Court announced Monday.

Federal court to decide whether man asked attorney to appeal

The 7th Circuit Court of Appeals has ordered a federal judge in the Southern District of Indiana to consider whether a defendant asked his attorney to appeal his designation of a career offender at sentencing, following a guilty plea.

Judge sanctions Weinberger for noncooperation with insurer

A federal judge in Hammond has entered a default against former ear, nose and throat doctor Mark Weinberger and other defendants for their noncooperation with his medical malpractice insurance company regarding hundreds of pending malpractice claims.