Turnover of judges marks new era in Bankruptcy Court
An Indiana federal court that for a dozen years was presided over by the same four judges has undergone a near-total overhaul in the past two years.
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Opinions Dec. 29, 2014 ILD
Indiana Court of Appeals
Frank R. Lempera, III v. State of Indiana (NFP)
56A05-1404-CR-167
Criminal. Affirms convictions for dealing in a schedule I, II or III controlled substance, as a Class B felony; and dealing in a schedule IV controlled substance, as a Class C felony. Remands with instructions to correct the abstract of judgment to properly reflect that the sentence imposed as a result of Lempera’s habitual substance offender adjudication is an enhancement to his sentence in Count I and not a separate conviction. Also remands with instructions that Lempera’s sentence in this case be served consecutively with his sentence in 56D01-1108-FA-6.
Joseph Rolle v. State of Indiana (NFP)
49A05-1406-CR-252
Criminal. Affirms convictions for Class B misdemeanor disorderly conduct and Class C misdemeanor refusal to identify.
Michael D. Hickingbottom v. State of Indiana (NFP)
45A05-1407-CR-328
Criminal. Affirms rejection of Hickingbottom’s petition to file a belated motion to correct error. Concludes Hickingbottom’s belated motion to correct error is “simply an attempt to circumvent the procedure in place for the filing of successive petitions for post-conviction relief.”
Artwork honoring Shepard has ‘stalled’
A plan by the inaugural class of the Indiana State Bar Association’s Leadership Development Academy to honor retired Indiana Chief Justice Randall Shepard has unraveled, and class members are preparing to consider several options for moving forward, including scrapping the project altogether.
Judy Stanton stepping down as leader of NWI Volunteer Lawyers Inc.
Judy Stanton was not immediately attracted to the law. She graduated from college and started a family. But an article she read in the mid-1970s in her alumni magazine about lawyers sparked her interest in the law. She’s since spent more than 30 years helping the underserved.
Opinions Dec. 29, 2014
Indiana Court of Appeals
Charles P. White v. State of Indiana
29A05-1312-PC-641
Post conviction. Affirms White’s convictions for perjury, voting in the wrong precinct and theft. Finds White was convicted twice for the same actions in violation of double jeopardy. Reverses White’s other convictions for perjury and voting in the wrong precinct as well as another perjury conviction for putting the wrong address on his marriage license application. Remands with instructions that the trial court vacate those three convictions. Concludes White’s attorney, Carl Brizzi, was not ineffective. Holds White’s sentence to one-year of home detention remains.
Owner can seek separate claim for property damage coverage
Despite having agreed to pay $1.7 million, an insurance company may have to provide more money to satisfy a claim from the owner of a contaminated property.
COA finds double-jeopardy violations in conviction of former secretary of state
Former Indiana Secretary of State Charlie White, convicted of voter fraud and removed from office, had three of his six convictions overturned by the Indiana Court of Appeals Dec. 29 and will have to serve his sentence of one year of electronic home monitoring.
Ohio woman’s incriminating statements properly suppressed
An Ohio woman charged with murder and other crimes in Ripley County prevailed in the Indiana Court of Appeals Monday when the judges affirmed the grant of her motion to suppress incriminating statements she gave to police.
‘Second haircut’ nixed by tax court
A finance company that purchased car loans at a discounted price is entitled to recoup all the sales tax on the loans which have since gone into default.
Impact of Indiana’s criminal code changes unclear
Indiana's prosecutors and judges are still adjusting to sweeping changes to the state's criminal code intended to send more low-level, nonviolent criminals to community corrections programs and jails instead of state prisons.
Little Statehouse appetite exists for government reform
Indiana lawmakers set to reconvene next week aren't showing any signs they'll embrace some of the more sweeping changes to the structure of the state's local government proposed by a bipartisan commission.
Happy Holidays!
Indiana Lawyer Daily will not be published Dec. 25 and 26 in observance of the Christmas holiday. Have a safe and happy holiday!
Opinions Dec. 24 ILD
Indiana Court of Appeals
Reginald Greenwell v. State of Indiana (NFP)
02A03-1403-CR-100
Criminal. Affirms conviction of Class D felony battery and finding Greenwell is a habitual offender. Also affirms sentence of an aggregate term of seven-and-a-half years in the Indiana Department of Correction.
Harold R. Ferrin v. State of Indiana (NFP)
49A02-1405-CR-331
Criminal. Affirms order granting state’s motion for summary disposition. Finds Ferrin has failed to show he has exhausted his administrative remedies.
Devontae S. Brodnax v. State of Indiana (NFP)
79A02-1405-CR-344
Criminal. Affirms 13-year sentence, with nine years executed and four years suspended to probation, after pleading guilty to Class B felony burglary.
Tony R. Evans v. State of Indiana (NFP)
34A02-1407-CR-481
Criminal. Affirms revocation of Evans’ suspended sentence.
Opinions Dec. 24, 2014
Indiana Court of Appeals
Lloyd G. Perry v. Anonymous Physican 1, Alias Medical Group 1, Inc., Anonymous Physican 2, et al.
02A03-1401-CT-43
Civil Tort. Affirms summary judgment in favor of healthcare providers. Finds Perry did not submit expert testimony as required by court rules to support his medical malpractice claim.
Pro se medical malpractice claim fails without expert testimony
The Indiana Court of Appeals chastised a pro se litigant for supporting his medical malpractice claim with only a “perfunctory and self-serving” affidavit instead of submitting expert testimony.
Drunken-driving conviction upheld for motorist parked at courthouse
A woman who was intoxicated while she attended to business at the courthouse in Crawfordsville lost her appeal of a felony drunken-driving conviction Wednesday.
5 judges presiding over Muncie City Court
Five eastern Indiana Circuit judges have been appointed to fill in for a suspended Muncie City Court judge facing misconduct allegations.
Merrillville lawyer named to JLAP committee
Merrillville solo practitioner Gina L. Jones has been chosen to serve on the Judges and Lawyers Assistance Program Advisory Committee, the Indiana Supreme Court announced.
Opinions Dec. 23, 2014 ILD
Indiana Court of Appeals
Jose Rodriquez v. State of Indiana (NFP)
49A05-1406-PC-289
Post conviction. Affirms denial of petition for post-conviction relief.
In the Matter of the Termination of the Parent-Child Relationship of: M.B., S.B., and C.B., Minor Children, and L.B., Mother v. Indiana Department of Child Services, et al (NFP)
45A03-1406-JT-193
Juvenile. Affirms involuntary termination of parental rights.
Joanna Latrice Stokes v. State of Indiana (NFP)
45A03-1404-CR-140
Criminal. Affirms convictions of two counts of Class B felony neglect of a dependent.
Matthew D. Tribble v. State of Indiana (NFP)
79A02-1404-CR-290
Criminal. Affirms convictions of Class D felony auto theft and Class D felony battery by bodily waste.
Fabian Suarez Guadarrama v. State of Indiana (NFP)
90A04-1406-CR-264
Criminal. Affirms conviction of Class D felony performing sexual misconduct in the presence of a minor.
Charles W. Wright v. Whitney Timberlake (NFP)
13A01-1409-MI-402
Miscellaneous. Affirms order granting motion to dismiss filed by Timberlake.
Jamar Washington v. State of Indiana (NFP)
49A02-1405-CR-306
Criminal. Affirms conviction of dealing in cocaine as a Class A felony.
T.M.T. v. State of Indiana (NFP)
71A03-1405-JV-164
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class C felony child molesting if committed by an adult.
Joshua S. Ramon v. State of Indiana (NFP)
92A03-1404-CR-128
Criminal. Affirms convictions of Class A misdemeanor possession of paraphernalia and Class D felony possession of marijuana.
Jeffery Blackmon v. State of Indiana (NFP)
49A02-1406-PC-423
Post conviction. Affirms denial of petition for post-conviction relief.
Darci J. McFadden v. State of Indiana (NFP)
39A05-1406-CR-255
Criminal. Affirms sentence following revocation of probation.
In the Matter of the Termination of the Parent-Child Relationship of: L.D.H., D.M.H., K.M.H., and N.M.H. (Minor Children) B.J.H. (Mother) v. The Indiana Department of Child Services (NFP)
02A04-1405-JT-212
Juvenile. Affirms termination of parental rights.
Juan M. Fox v. State of Indiana (NFP)
33A05-1403-MI-120
Miscellaneous. Affirms revocation of parole.
Harold Bishop v. State of Indiana (NFP)
49A02-1405-CR-367
Criminal. Affirms conviction of Class A felony attempted murder.
Opinions Dec. 23, 2014
Indiana Supreme Court
In Re the Adoption of B.C.H.
41S04-1408-AD-515
Adoption. Vacates the trial court’s decision to grant stepfather’s petition to adopt B.C.H. and remands for a hearing on the child’s best interests in the adoption and other proceedings consistent with this opinion. At this hearing, the grandparents, who had primary custody of B.C.H. for the first four years of her life, shall be given the opportunity to give or withhold consent to the child’s adoption. They were not served with legal notice of the adoption.