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Opinions Oct. 30, 2014

Indiana Supreme Court
Wayne A. Campbell v. State of Indiana
13S05-1410-PC-682
Post conviction. Affirms denial of petition for post-conviction relief, finding no ineffective assistance by trial counsel for, in part, failing to object to an instruction on the definition of “intentionally.” The second sentence of the contested instruction serves to emphasize the heavy burden placed on the state to prove that a defendant acted intentionally.

Judges reverse teen’s adjudication for resisting law enforcement

Citing lack of evidence, the Indiana Court of Appeals reversed an Indianapolis teen’s adjudication as a juvenile delinquent for committing what would be Class A misdemeanor resisting law enforcement if committed by an adult. None of his actions suggested any criminal activity was afoot.

Man didn’t prove ineffective assistance of counsel

The Indiana Supreme Court affirmed the denial of post-conviction relief for a man who charged his attorney was ineffective for not doing a better job arguing the sufficiency of the evidence to prove the defendant conspired to commit dealing cocaine.

Justices: Pattern Jury Instruction 9.05 is correct statement of law

Clearing up confusion among the courts as to whether a jury instruction regarding the definition of “intentionally” can include that the defendant intended to “cause the result” of his conduct, the Indiana Supreme Court affirmed Pattern Jury Instruction 9.05 represents a correct statement of the law.

Not guilty pleas for suspect in 7 Indiana deaths

A judge recorded not guilty pleas Wednesday for a former Marine who is charged with murder in the strangulation deaths of two women found in northwestern Indiana and is suspected of killing five others.

Justices reverse judgment for defendants in suit involving student’s death

The Indiana Supreme Court has ordered further proceedings in a negligence lawsuit filed by the parents of a special needs student who died after choking on her lunch at school. The justices found there are questions as to whether the parents complied with tort claim notice requirements, so judgment in favor of the defendants is not proper.

Court affirms dismissal of lawsuit alleging malicious prosecution

The 7th Circuit Court of Appeals upheld the decision to dismiss a man’s Section 1983 lawsuit claiming malicious prosecution by a police officer and bank, finding the man never presented a viable constitutional violation to support the claim.

Bankruptcy cases filed at lowest number since 2007

The total number of bankruptcy cases filed in federal courts for the fiscal year 2014 dropped 13 percent as compared with FY 2013, the Administrative Office of the U.S. Courts announced Wednesday. This is the lowest number of bankruptcy filings for any 12-month period since 2007.

Opinions Oct. 29, 2014 ILD

Indiana Court of Appeals
Joel McGee v. State of Indiana (NFP)
29A02-1406-CR-413  
Criminal. Affirms order revoking probation and reinstating 365 days of McGee’s previously suspended sentence.

Mauricio Reyes-Flores v. State of Indiana (NFP)
49A02-1404-CR-275
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Auto-Owners Insurance Company v. Edward Foster (NFP)
18A05-1403-PL-107
Civil plenary. Affirms judgment that Bill Gaddis Chrysler Dodge’s insurer, Auto-Owners Insurance Co., has a duty to defend and indemnify the dealership in a personal injury accident involving a car it owned.

Alvin Donald Grisby v. State of Indiana (NFP)
82A04-1402-CR-68
Criminal. Affirms conviction of Class B felony conspiracy to commit dealing in methamphetamine.

Brent Wroblewski and Gretchen Wroblewski v. Angelo G. Valle (NFP)
45A03-1404-CT-137
Civil tort. Affirms judgment entered on the jury’s verdict in favor of Valle on the Wroblewskis’ lawsuit against him alleging negligence and loss of consortium following an auto accident.

James M. Burton v. State of Indiana (NFP)
02A03-1403-CR-98
Criminal. Affirms convictions of two counts of Class A felony child molesting and 40-year aggregate sentence.

Jeremy J. Turner v. State of Indiana (NFP)
90A02-1403-CR-222
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.
 

Opinions Oct. 29, 2014

7th Circuit Court of Appeals
Marshall G. Welton v. Shani J. Anderson, et al.
13-3336
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Civil. Affirms dismissal of Welton’s claims of malicious prosecution, violations of the Fourth and 14th amendments and state law violations. Welton failed to state a predicate constitutional violation in support of his malicious prosecution claim and failed to show the requisite malice.

Man convicted in Purdue shooting found dead

State correction officials say an Indiana man who fatally stabbed and shot a fellow Purdue University student earlier this year has been found dead in his prison cell.

NW Indiana cardiologists sued over procedures

Nineteen new lawsuits and a complaint with the Indiana Attorney General's Office have been filed against three northwestern Indiana cardiologists and a hospital, alleging that open-heart surgeries and other procedures were performed unnecessarily, lawyers said Tuesday.

Suspect in 7 Indiana slayings due in court again

A 43-year-old former Marine who police in Indiana say has confessed to killing seven women is scheduled to appear in court again after refusing to even acknowledge his name at an earlier hearing.