Winter storm delays child neglect trial in South Bend
A winter storm that brought as much as 19 inches of snow to northern Indiana has delayed a South Bend child neglect trial.
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Opinions Jan. 30, 2015 ILD
Indiana Court of Appeals
Thomas W. Burton v. State of Indiana (mem. dec.)
41A01-1312-CR-539
Criminal. Affirms convictions of Class B felonies dealing in a schedule II controlled substance and aiding in dealing in methamphetamine, and two counts of dealing in a schedule IV controlled substance as Class C felonies.
Gary Allen Gibson v. State of Indiana (mem. dec.)
39A05-1404-CR-156
Criminal. Affirms convictions and 16-year executed sentence for Class B felony aggravated battery and Class D felony criminal confinement.
Joseph Pohl v. State of Indiana (mem. dec.)
38A02-1404-CR-223
Criminal. Affirms aggregate 30-year sentence for convictions of two counts of Class B felony burglary and two counts of Class D felony theft.
Jon Colin Blauvelt v. State of Indiana (mem. dec.)
53A04-1407-PC-308
Post conviction. Affirms denial of petition for post-conviction relief.
Matthew R. Eden v. State of Indiana (mem. dec.)
41A05-1405-CR-211
Criminal. Affirms revocation of probation and imposition of Eden’s previously suspended sentence after he violated his probation for his conviction of Class C felony possession of a controlled substance.
Tony Frary v. State of Indiana (mem. dec.)
71A03-1406-CR-213
Criminal. Affirms conviction of Class D felony domestic battery.
In the Matter of the Termination of the Parent-Child Relationship of: M.B. (Minor Child) and S.B. (Father) v. The Indiana Department of Child Services (mem. dec.)
49A04-1407-JT-326
Juvenile. Affirms termination of father’s parental rights.
Opinions Jan. 30, 2015
7th Circuit Court of Appeals
United States of America v. Anthony Bailey
13-3229
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Criminal. Finds Bailey’s motion asking for a reduced sentence is best understood as a petition for relief under 28 U.S.C. Section 2255 for a sentence that was imposed contrary to the law. Based on Dorsey v. United States, Bailey should have been subject to a mandatory minimum sentence of only 10 years, instead of 20, after he pleaded guilty in 2011 to distributing crack cocaine. Remands for a new sentencing hearing.
Judges deny request to modify probation to allow contact with daughter
The judges on an Indiana Court of Appeals panel had different reasons for affirming the denial of an incarcerated man’s petition to modify his probation so that he could have contact with his daughter.
7th Circuit rules man entitled to new hearing on crack-cocaine sentence
The 7th Circuit Court of Appeals reversed the denial of a prisoner’s motion for a reduced sentence for distributing crack cocaine, finding that he is allowed to bring his petition for relief under 28 U.S.C. Section 2255.
New part-time law school program launched at Indiana Tech
Indiana Tech Law School has started a part-time day program to allow students to obtain their J.D. in as many as seven years.
Ex-Evansville official gets 4 years for money laundering
A federal judge has sentenced a former Evansville Redevelopment Commission member to four years in prison for money laundering.
4th person faces murder charges in deadly house explosion
A man charged Thursday with murder and arson in a deadly Indianapolis house explosion was offered $5,000 to burn down the home two weeks before it was leveled by a natural gas blast, court documents allege.
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On The Move highlights employment news, awards and honors attorneys receive, and board appointments or elected positions. Digital images should be 200 dpi and saved as eps, tiff or jpg. Color images are preferred. Information must be submitted at least 10 days before the Wednesday issue in which it is to appear. Submit your announcement […]
Attorney General nominee picks up GOP support
Attorney general nominee Loretta Lynch picked up her first Republican endorsement Thursday en route to likely confirmation as the first black woman in the nation's top law enforcement job.
Expungement law still being perfected, legislator says
County clerks being overrun by expungement petitions are asking the Legislature to impose a filing fee to help offset the costs of processing the forms and restricting the records.
Opinions Jan. 29, 2015 ILD
Indiana Court of Appeals
Samuel L. Hobbs, Jr. v. State of Indiana (mem. dec.)
18A05-1408-CR-394
Criminal. Affirms denial of petition to modify sentence.
P.A. v. State of Indiana (mem. dec.)
49A02-1407-JV-450
Juvenile. Affirms delinquency true findings for acts that would constitute two counts of Class B felony child molesting if committed by an adult.
Deaundra Patterson v. State of Indiana (mem. dec.)
48A02-1404-CR-237
Criminal. Affirms convictions of Class B felony robbery, Class C felonies battery and operating a motor vehicle while privileges are forfeited for life, and Class D felonies resisting law enforcement and battery.
Thomas R. Cox v. Indiana Bureau of Motor Vehicles (mem. dec.)
39A04-1402-MI-88
Miscellaneous. Grants rehearing for sole purpose of ruling on Cox’s previously unaddressed motion for correction. Denies his motion for correction and affirms prior decision in all respects. There is no basis upon which to grant relief under his petition.
James T. Reese v. State of Indiana (mem. dec.)
73A01-1408-CR-341
Criminal. Affirms revocation of probation and order he serve 30 of the 36-month suspended sentence for Class C felony intimidation in the Department of Correction.
Opinions Jan. 29, 2015
Indiana Court of Appeals
State of Ind., Consolidated City of Indianapolis/Marion Co., et al. v. El Rodeo #11, LLC
49A05-1406-MI-257
Miscellaneous. Vacates order that Marion County return El Rodeo’s seized funds that are being held in the Tippecanoe County Prosecutor’s Office. The trial court should have granted Marion County’s motion to dismiss its forfeiture complaint against El Rodeo because Tippecanoe County already had the funds. Remands for further proceedings.
Senate votes to raise judicial retirement age
Indiana appellate judges could serve until age 80 under a bill that cleared the Indiana Senate Thursday.
Restaurant not entitled to return of insurance proceeds seized
A Mexican restaurant that is part of a chain which has been under investigation by Marion and Tippecanoe county officials will not have insurance funds seized from a bank account returned, the Indiana Court of Appeals ruled Thursday.
Judge admonishes losing counsel in long-running litigation
A federal judge admonished a lawyer Wednesday whose clients were found to have abused the process in prosecuting a trademark infringement suit against a similar wine-and-art business.
Attorney General nominee moves closer to confirmation
Senators weigh Loretta Lynch's nomination for attorney general for a second day at a hearing certain to pile criticism on President Barack Obama and Eric Holder, the current occupant of the job.
Opinions Jan. 28, 2015 ILD
Indiana Court of Appeals
Cameron Williams v. State of Indiana (mem. dec.)
49A02-1408-PC-532
Post conviction. Affirms denial of petition for post-conviction relief.
Aaron J. Taylor v. State of Indiana (mem. dec.)
55A01-1312-CR-524
Criminal. Affirms convictions of two counts of criminal confinement, both Class B felonies; two counts of intimidation, both Class C felonies; criminal recklessness, a Class D felony; and pointing a firearm, a Class D felony.
Indiana Law Enforcement Training Board v. Theodore D. Comer, Sr. (mem. dec.)
22A01-1407-MI-321
Miscellaneous. Affirms board’s decision to revoke Comer’s certification of completion of basic training.
Scott Hedrick-Dwyer v. State of Indiana (mem. dec.)
53A05-1405-CR-201
Criminal. Affirms convictions of Class C felony criminal confinement and Class A misdemeanor battery, finding he is a habitual offender and 18-year sentence.
T.M. v. State of Indiana (mem. dec.)
49A02-1405-JV-362
Juvenile. Affirms adjudication as a delinquent for committing an act that would constitute Class B felony robbery with a deadly weapon if committed by an adult.
Steven DuPont and April DuPont, on Behalf of Minor Child M.D. v. Kiddie Academy of Fishers and Kiddie Academy Childcare Learning Centers, Inc. (mem. dec.)
29A02-1408-CT-602
Civil tort. Reverses the denial of the DuPonts’ motion to correct error with respect to the grant of summary judgment to Kiddie Academy Fishers. Affirms the trial court’s denial of the DuPonts’ motion to correct error with respect to the grant of summary judgment to Kiddie Academy franchisor. Remands for further proceedings.
Jon Holman v. State of Indiana (mem. dec.)
48A04-1407-CR-302
Criminal. Affirms denial of motion to correct erroneous sentence.
Nina Ozuyener v. Korkut Ozuyener (mem. dec.)
49A02-1404-DR-238
Domestic relation. Affirms decision that a post-nuptial agreement was unenforceable.
Shelby Makowsky v. State of Indiana (mem. dec.)
22A04-1406-CR-295
Criminal. Affirms 20-year sentence following guilty plea to Class B felony conspiracy to commit arson.
Opinions Jan. 28, 2015
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Tuesday
United States of America v. Jeffrey P. Taylor
12-2916
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Rudy Lozano.
Criminal. Affirms conviction. Finds double jeopardy does not bar his retrial on the charges of attempting to transfer obscene material to a minor using means of interstate commerce after his conviction of attempting to use facilities of interstate commerce to engage in criminal sexual activity with a minor was overturned because the charges require proof of different elements. And because the judgment does not incorporate the SORNA ruling and the government has not filed a cross-appeal contesting that, there is nothing for the 7th Circuit to review on this issue. Affirms in all other respects.
COA rules teachers may negotiate for ancillary duty compensation
A dispute between a school corporation and teachers association that made its way before the Indiana Court of Appeals led to the court concluding the teachers may qualify for overtime for performing school-related duties outside of their normal teaching hours.