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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.

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.

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.

Gang member’s sentence for bar fight reduced

The convictions of a gang member stemming from his role in a bar fight were upheld by the Court of Appeals Wednesday, but the judges ordered his sentence shortened because the convictions all occurred during a single episode of criminal conduct.

7th Circuit upholds new conviction, cannot address registration requirement

Although a judge communicated that a man must register as a sex offender based on the Sex Offender and Registration Notification Act, because that decision was not incorporated into the judge’s final ruling, there is nothing for the 7th Circuit Court of Appeals to review regarding his challenge to that part of his sentence.