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Opinions Sept. 14, 2012 ILD

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

Indiana Court of Appeals
Mandy Craig v. State of Indiana (NFP)
47A01-1202-CR-66
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

Myron Markas Cook v. State of Indiana (NFP)
65A05-1201-CR-15
Criminal. Affirms conviction of Class B felony dealing in methamphetamine and that police officers’ initial entry into Cook’s home did not violate the Fourth Amendment.

Antonio D. Jones v. State of Indiana (NFP)
45A03-1111-CR-496
Criminal. Affirms convictions of four counts of felony murder.

Carlos E. Odom v. State of Indiana (NFP)
71A05-1203-CR-121
Criminal. Affirms convictions of Class B felonies robbery and burglary, Class A misdemeanors carrying a handgun without a license and driving while suspended, and Class C misdemeanor altered interim license plates.

 

Opinions Sept. 14, 2012

7th Circuit Court of Appeals
Alan Kress and Randy Carr v. CCA of Tennessee LLC, doing business as Corrections Corporation of America, et al.
11-2950
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Affirms order denying class certification regarding the reduction of daily pill calls for inmates and granting summary judgment in favor of Corrections Corporation of America, et al., owner and operator of the Marion County Correctional Center. There was lack of evidence of any ongoing constitutional violations.

Judges advise defense attorneys to ask clients about citizenship

The Indiana Court of Appeals used its decision on a post-conviction relief appeal to “encourage” criminal defense attorneys to find out the citizenship of their clients and advise the clients as to the risks of deportation after pleading guilty.

Former Marion County jail inmates lose appeal

Two former inmates who filed a class action lawsuit against the company that runs the Marion County Correctional Center couldn’t convince the 7th Circuit Court of Appeals that the court should rule in their favor. The men claimed the jail provided inadequate medical care and inhumane living conditions.

Rush named to Indiana Supreme Court

A judge with a statewide reputation as a leader in juvenile justice was named Friday as Indiana’s 108th Supreme Court justice and the second woman to serve on the high court.

Governor appoints Rush to Supreme Court

Gov. Mitch Daniels has selected Tippecanoe Superior Judge Loretta Rush to sit on the Indiana Supreme Court. Rush is the second woman to serve on the state's highest court.

Practicing Law in Indiana: Employment Sept. 28

Indiana Lawyer is sponsoring a CLE on employment law titled “Practicing Law in Indiana: Employment” on Sept. 28 in Indianapolis. The chair and moderator is Mark Waterfill of Benesch, Attorneys at Law. Other featured speakers include David Carr of Ice Miller and Jan Michelsen of Ogletree Deakins.The program will include presentations on covenants not to compete, social media issues, and wage and hour issues.

Registration begins at 1 p.m. and the program is from 1:30 p.m. to 4:45 p.m. in the main auditorium at the OneAmerica Tower in Indianapolis. The cost is $99. The program provides three hours of CLE credit. Visit Indiana Lawyer 's events page to register online or to download a printable registration form. For questions or more information, contact Karen Aruta at 317-472-5201 or [email protected].
 

Attorney general’s office will now represent DCS on appeal

Indiana Attorney General Greg Zoeller announced Thursday afternoon that the attorney general’s office will take over appellate representation of the Department of Child Services. DCS currently utilizes attorneys of its choice in appellate matters.

Opinions Sept. 13, 2012 ILD

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

Indiana Court of Appeals
Cortney L. Schwartz v. Jodi S. Heeter
02A03-1109-DR-401
Domestic relation/Rehearing. Clarifies holding that Jodi Heeter waived her arguments on the motions for modification of support on appeal. She is not entitled to reconsideration of the motions by the trial court.  

In Re the Adoption of C.R.R. and S.A.R.; W.E.R. v. D.M.T. (NFP)
49A02-1201-AD-45
Adoption. Affirms order granting the petition filed by D.M.T. to adopt C.R.R. and S.A.R.

Carl S. Piatt v. State of Indiana (NFP)
73A01-1202-CR-116
Criminal. Reverses denial of motion to correct erroneous sentence and remands with instructions.

Delon Churchill v. State of Indiana (NFP)
48A02-1111-CR-1108
Criminal. Affirms admission of certain evidence and that there was no prosecutorial misconduct. Affirms Class B felony robbery. Remands with instructions the trial court vacate the four Class B felony confinement convictions and sentences. Judge Bradford dissents.

Parrin J. Garner v. State of Indiana (NFP)
20A03-1110-CR-473
Criminal. Affirms conviction and sentence for Class B felony robbery.

Clay R. Firestone v. State of Indiana (NFP)
32A01-1201-PC-32
Post conviction. Affirms denial of petition for post-conviction relief and remands with instructions to assign the habitual offender enhancement to one of Firestone’s convictions.

Indiana Tax Court posted no opinions at IL deadline.

 

Opinions Sept. 13, 2012

Indiana Supreme Court
An-Hung Yao and Yu-Ting Lin v. State of Indiana
35S02-1112-CR-704
Criminal. Cannot conclude that as a matter of law the defendants engaged in no conduct nor effected any result in Indiana that was an element of either the theft or the counterfeiting charge. The trial court did not abuse its discretion in denying sub silentio Lin’s motion to dismiss for lack of jurisdiction. The defendants’ airsoft gun is a written instrument within the meaning of the statute and therefore reverses the trial court’s dismissal of the counterfeiting charges. The trial court did not abuse its discretion in denying the defendants’ motions to dismiss the theft and corrupt business influence charges.

Proposed med mal complaint fee divides Court of Appeals

In a dissent from Judge Nancy Vaidik involving a proposed medical malpractice complaint filed with the Department of Insurance before filing fees were paid, Vaidik claimed Judge James Kirsch created a new test to determine whether a complaint is timely filed and shifted the burden of ensuring fees are paid to the Department of Insurance instead of the attorney. 

Justices find attorney practicing law after resignation

The Indiana Supreme Court has fined Brian L. Nehrig $1,000 and extended his ban from practice after finding he committed the unauthorized practice of law. Nehrig resigned from the bar in 2007, and he was sentenced in 2010 after pleading guilty to mail fraud.

Opinions Sept. 12, 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
State of Indiana v. David Bisard
49A04-1109-CR-459
Criminal. Reverses suppression of Bisard’s blood for purposes of various DUI charges. Finds the medical assistant did draw his blood in a way that followed physician-approved protocols and the implied consent statutes indicate that blood evidence is admissible so long as it complies with the rules of evidence. Read more about the decision.

In the Matter of the Adoption of J.W.; T. McD. v. G.C. (NFP)
53A04-1202-AD-78
Adoption. Affirms denial of T.McD.’s objection to and motion to vacate the decree of adoption of J.W.

Ethel S. Taylor v. State of Indiana (NFP)
49A02-1201-CR-19
Criminal. Affirms conviction of Class C felony battery.

Kevin Joseph Shufford v. State of Indiana (NFP)
45A03-1202-CR-72
Criminal. Affirms sentence for two counts of Class B felony dealing in cocaine and two counts of Class D felony dealing in a substance represented to be a controlled substance.

Brad A. Fisher v. Brandy Fisher (NFP)
43A03-1202-DR-86
Domestic relation. Dismisses Brad Fisher’s appeal of the order denying his verified petition to deem judgment paid in favor of Brandy Fisher.

Robert Lee Pickens v. State of Indiana (NFP)
43A03-1112-CR-585
Criminal. Affirms conviction of Class B felony dealing in methamphetamine, finding he is a habitual offender, and 30-year sentence.

Troy E. Reik v. State of Indiana (NFP)
11A01-1203-CR-134
Criminal. Affirms order Reik pay restitution.

In Re The Paternity of E.W.; T.S. v. J.W. and V.W. (NFP)
65A05-1201-JP-23
Juvenile paternity. Affirms denial of natural father’s request to change E.W.’s name and for attorney fees, and affirms refusal to make natural father’s support obligation retroactive to his paternity filing.

Term. of Parent-Child Rel. of Cord. L., Cort. L., & Cha. L., Minor Children, and their Mother, C.H.; C.H. v. Indiana Dept. of Child Services (NFP)
02A03-1202-JT-101
Juvenile. Affirms termination of parental rights.

Aljerome Hill v. State of Indiana (NFP)
71A04-1203-CR-147
Criminal. Affirms conviction of Class D felony domestic battery.
 

Opinions Sept. 12, 2012

Indiana Court of Appeals
Dezmon Gaines v. State of Indiana
34A05-1201-CR-21
Criminal. Affirms denial of motion to suppress evidence. Indiana Code 9-19-19-4 is not void for vagueness and the officer’s search of Gaines was reasonable. Judge Crone concurs in result.

Man convicted of molestation was denied fair trial

A Greene County man convicted of Class A felony child molesting is entitled to a new trial because extensive hearsay and vouching testimony was admitted in error, the Court of Appeals held Wednesday.

Statute on car window tint not void for vagueness

The Howard County man who argued that the statute dealing with the tint of car windows is void for vagueness lost his appeal, so the drug evidence found on him during a traffic stop can be allowed at trial, the Court of Appeals ruled.