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Opinions July 7, 2015 ILD

Indiana Court of Appeals
Peter D. Nugent v. Phyllis N. Nugent (mem. dec.)
49A04-1410-DR-466
Domestic relation. Affirms denial of Peter Nugent’s petition to modify child support. Also affirms awarding Phyllis Nugent attorney fees in the amount of $3,000.

Clemmeth and Janis Leach v. State of Indiana (mem. dec.)
55A01-1410-CR-443
Criminal. Affirms judgment of trial court ordering the Leaches to pay $45,238.01 in restitution to Patton Park, a lake community in Morgan County.

Scott Huy v. State of Indiana (mem. dec.)
15A01-1410-CR-465
Criminal. Affirms conviction for dealing in cocaine or narcotic drug, a Class A felony, and 40-year sentence, enhanced by 30 years for being a habitual offender. Remands so trial court may correct judgment to reflect that Huy is serving an enhanced, rather than a consecutive, sentence.

Herbert Cox III v. The State of Indiana (mem. dec.)
45A03-1501-CR-38
Criminal. Affirms denial of Cox’s petition to modify his seven-year sentence, all to be served in the Indiana Department of Correction. The sentence was imposed after Cox pleaded guilty to Class C felony habitual traffic violator.

John Wesley Kimbrough, Jr. v. State of Indiana (mem. dec.)
45A03-1501-CR-18
Criminal. Affirms Kimbrough’s 17-year sentence after he pleaded guilty to Class B felony aggravated battery.

Vincent D. Quarles Jr. v. State of Indiana (mem. dec.)
34A02-1412-CR-871
Criminal. Affirms Quarles’ conviction of Class B felony aggravated battery for shooting a victim in the face during a fight outside a Kokomo bar. Finds the evidence is sufficient to rebut Quarles’ self-defense claim.

Scott Meisberger, d/b/a Meisberger Construction v. D. Brent Hanger and Gregory Bishop d/b/a H & B Enterprises, Inc. (mem. dec.)
40A01-1410-CC-453
Civil collection. Reverses judgment in favor of H & B and remands with instructions to enter judgment in Meisberger’s favor in the amount of $29,163.48. Finds Hanger and Bishop offered no evidence supporting their contentions that they had paid Meisberger in full.

 

Who gets the notes? The ABA sides with firms

Clients may come and clients may go, but until now it hasn’t been entirely clear who gets the documents, as well as the notes and drafts, when a client decides to change attorneys.

Opinions July 7, 2015

Indiana Court of Appeals
Bryan A. Cox v. State of Indiana
27A02-1412-CR-599
Criminal. Affirms 15-year aggregate executed sentence for Class B felony dealing cocaine and adjudication as a habitual offender. The doctrine of amelioration does not apply to Cox’s habitual offender sentence enhancement. Cox argued that he should have been sentenced under a more lenient amended habitual offender statute effective July 1, 2014, but his crime occurred before this, and the Legislature clearly did not intend for the doctrine of amelioration to apply to the amended statute.

COA affirms habitual offender enhancement

A habitual offender failed to convince the Indiana Court of Appeals that an amended statute, which took effect July 1, 2014, should have been applied to enhance his dealing cocaine conviction.

Law sending low-level offenders to counties raises questions

Indiana counties are expecting to see increases in their inmate populations under a new law that will send low-level offenders to county jails, work release or home detention instead of to prison, the South Bend Tribune reported Sunday.

Indiana Supreme Court weighs case on custody, mental illness

The Indiana Supreme Court is weighing an emotionally charged case in which a man lost custody of his daughter after spurning child-welfare officials’ suggestions that he leave his mentally ill wife based on their fears that she might harm the girl.

Indiana among 9 states contesting EPA water rule

Indiana will join eight other states that have challenged an Environmental Protection Agency rule redefining streams, creeks, ponds and wetlands as waters of the United States.

Opinions July 6, 2015 ILD

July 6, 2015
Indiana Court of Appeals
Elmer Bryant v. State of Indiana (mem. dec.)  
71A03-1411-CR-415
Criminal. Affirms convictions of theft and auto theft as Class D felonies. Remands with instructions that the habitual offender sentence enhancement be imposed on the auto theft conviction.

Richard Jones v. State of Indiana (mem. dec.)
49A04-1411-CR-511
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement, finding evidence was insufficient to prove that a police officer had reasonable suspicion to order Jones to stop as he walked away.

Ronald Lambert v. State of Indiana (mem. dec.)
25A03-1412-CR-462
Criminal. Affirms 15-year executed sentence for conviction of Class B felony dealing in a Schedule II controlled substance.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of C.W., Minor Child, and his parents, B.S. and Ch.W. v. Indiana Department of Child Services (mem. dec.)
18A02-1501-JT-163
Juvenile. Affirms termination of parental rights.

 

Opinions July 6, 2015

7th Circuit Court of Appeals
Corre Opportunities Fund, LP, et al., v. Emmis Communications Corp.
14-1647
Civil. Affirms ruling against Corre on a complaint that Emmis owed some $34 million in unpaid dividends to owners of preferred stock in the company. Under Indiana’s unique law allowing corporations to vote their shares, Emmis had authority to vote shares that the preferred stock owners claimed were outstanding.  

Opinions July 2, 2015

7th Circuit Court of Appeals
The following opinions were issued after IL deadline Wednesday.
U.S.A. v. Willie J. Harris
14-1846
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Philip P. Simon
Criminal. Affirms convictions of fraud, conspiracy to commit fraud with identification documents, production and trafficking in counterfeit devices, and aggravated identity theft. Finds a notebook taken from Harris’ truck was admissible at trial and the evidence was sufficient to support his convictions. Also finds the District Court did not err in applying sentencing enhancements.