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Opinions Nov. 24, 2014 ILD

Indiana Court of Appeals
Michael E. Johnson v. State of Indiana (NFP)
49A02-1405-CR-300
Criminal. Reverses Johnson’s conviction of failure to register as a sex offender, a Class C felony. Finds Johnson did not qualify as a sexually violent predator under state law and that his duty to register as a sex offender had already expired at the time of his arrest for failure to register. Remands with instructions to vacate Johnson’s conviction.

In the Matter of the Termination of the Parent-Child Relationship of R.O., Minor Child, and J.T., Father, and M.O., Mother, J.T. v. Indiana Department of Child Services (NFP)
49A02-1404-JT-249
Juvenile. Affirms termination of parental rights of J.T. (the father) to R.O. (the child).

Stanley F. Collesano v. Citimortgage, Inc. (NFP)
29A04-1403-MF-138
Mortgage foreclosure. Affirms default judgment in favor of CitiMortgage, Inc. on its complaint to foreclose on Collesano’s property.

Charles Case, II v. State of Indiana (NFP)
82A04-1405-CR-248
Criminal. Affirms 48-year sentence after guilty plea to two counts of Class A felony child molesting.

Robert C. Tiller v. State of Indiana (NFP)
45A03-1405-PC-163
Post conviction. Affirms denial of Tiller’s petition for post-conviction relief.

Daniel R. Walls v. Brian Joseph Eagan, and Dale Terrell (NFP)
47A05-1405-PO-231
Protection order. Affirms trial court’s orders which granted Eagan’s petition for a protection order against Walls and which denied Walls’ petitions for protective orders against Eagan and Terrell.

 

Opinions Nov. 24, 2014

Indiana Court of Appeals
Antonio Smith v. State of Indiana
71A04-1312-CR-609
Criminal. Reverses conviction of Class C felony burglary, finding the state knowingly proffered perjured testimony from a witness who had previously pleaded guilty to the break-in of a Dollar General store that Smith also was charged with. The state had a duty to correct perjured testimony and should have joined in the defense’s request for a mistrial. The court referred the case to the Indiana Supreme Court Disciplinary Commission with a caution: “We also note that instances of prosecutorial misbehavior continue to come before us on appeal notwithstanding our admonishments.”

Perjury voids conviction; COA refers prosecutor for discipline

A St. Joseph County man’s burglary conviction was reversed Monday by the Indiana Court of Appeals. The state’s knowing use of perjured testimony to obtain the conviction led the panel to refer the case for possible disciplinary action against a prosecutor.

Indiana Supreme Court hearing bus fees case

Indiana Supreme Court justices quizzed lawyers in a school busing fee case about the limit of the state's constitutional guarantee of a free public education.

Opinions Nov. 21, 2014 ILD

Indiana Court of Appeals
John M. Gresko v. State of Indiana (NFP)
90A04-1404-CR-196
Criminal.  Affirms conviction and sentence for Class D felony escape.

In the Matter of the Termination of the Parent-Child Relationship of: A.P., P.M., & A.T. and S.T. v. The Indiana Department of Child Services (NFP)
82A01-1402-JT-74
Juvenile.  Affirms termination of parental rights.

Charles Smith v. State of Indiana (NFP)
49A02-1405-CR-304
Criminal.  Affirms convictions of Class D felony battery and Class A misdemeanors operating a vehicle while intoxicated and resisting law enforcement.

In the Matter of the Termination of the Parent-Child Relationship of: Z.J.C. and L.C. v. The Indiana Department of Child Services (NFP)
02A03-1404-JT-127
Juvenile.  Affirms termination of parental rights.

William A. Russell v. State of Indiana (NFP)
41A04-1406-CR-290
Criminal.  Affirms sentence for Class B felony burglary and finding that Russell is a habitual offender.

 

COA revises neglect of dependent conviction stemming from boy’s death

The Indiana Court of Appeals affirmed a man’s murder conviction following the death of his girlfriend’s son after he seriously injured the boy while punishing him. But the court reversed his Class B felony neglect of a dependent conviction based on double jeopardy concerns.

IU McKinney creates 2 new partnerships

Indiana University Robert H. McKinney School of Law has announced another partnership to identify top undergraduates who want to pursue a legal education at the Indianapolis law school.

COA: Man entitled to have attorney present at small claim hearing

Finding that a businessman who was confused as to whether he needed his attorney to appear in a small claims case was denied the basic right of representation, the Indiana Court of Appeals reversed the denial of his motion for a continuance.

Indiana ethics chief seeks changes after scandals

Indiana Inspector General David Thomas has published a series of ethics reforms, asking for improved disclosure and new rules for state officials after a trio of Statehouse scandals.

Opinions Nov. 20, 2014 ILD

Indiana Court of Appeals
Aron Smith v. State of Indiana (NFP)
48A05-1403-CR-119
Criminal. Affirms revocation of probation and imposition of sentence thereon.

Scott W. Nicol v. State of Indiana (NFP)
64A03-1311-CR-472
Criminal. Affirms convictions of two counts of Class A felony child molesting and two counts of Class C felony child molesting, but vacates Nichol’s 84-year sentence. Remands with instructions to re-sentence him to an aggregate 44 years.

Certain Underwriters at Lloyd's London v. The Lee Group Shelbyville Holding Company, LLC (NFP)
40A01-1312-PL-516
Civil plenary. Affirms denial of Lloyd’s London’s motion for summary judgment on the complaint against it stemming from an unpaid claim for damages to a roof.  

 

Judges: Cop shouldn’t have asked driver for license

The Indiana Court of Appeals reversed the denial of a man’s motion to suppress evidence collected during an investigatory traffic stop. The judges held that once the police officer knew the owner of the vehicle – who had a suspended license – was not driving, the investigation should have ended.

Court reverses adjustment to fire protection territory’s general fund levy

Citing a lack of sufficient factual findings and a public law’s unconstitutionality, the Indiana Tax Court on Wednesday reversed the adjustment made by the Department of Local Government Finance to the Greenfield Fire Protection Territory’s general fund levy for the 2012 budget year.