Attorney asks judge to reverse life with no parole
An attorney for a southwestern Indiana man found guilty of fatally shooting his ex-girlfriend's father is asking a judge to reverse the most serious conviction against him.
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Opinions Sept. 26, 2014 ILD
Indiana Court of Appeals
Ronald D. Lunsford v. State of Indiana (NFP)
20A03-1309-PC-390
Post conviction. Affirms denial of petition for post-conviction relief.
Donald G. Perkins v. State of Indiana (NFP)
03A01-1401-PC-9
Post conviction. Affirms denial of petition for post-conviction relief.
Linus Johnson v. State of Indiana (NFP)
71A03-1405-CR-155
Criminal. Affirms conviction and 30-month sentence in the Department of Correction for Class D felony theft.
Samuel Morris v. State of Indiana (NFP)
49A04-1403-CR-100
Criminal. Affirms conviction of Class D felony strangulation.
Tasha Jones v. State of Indiana (NFP)
49A04-1401-CR-1
Criminal. Affirms conviction of Class A misdemeanor conversion.
Michael Antipin v. State of Indiana (NFP)
31A05-1311-PC-536
Post conviction. Affirms denial of petition for post-conviction relief.
Cardell Parham v. State of Indiana (NFP)
02A03-1403-CR-74
Criminal. Affirms three-year sentence following guilty plea to Class D felony domestic battery.
Nicholas Houston v. State of Indiana (NFP)
49A02-1402-CR-102
Criminal. Affirms convictions of Class A felony criminal deviate conduct, Class B felony criminal deviate conduct, three counts of Class C felony criminal confinement, and Class A misdemeanor battery by bodily waste.
Opinions Sept. 26, 2014
Indiana Court of Appeals
Shacare Terry v. Community Health Network, Inc.
49A04-1312-PL-630
Civil plenary. Affirms dismissal of Terry’s claim of breach of duty against Community Hospital, but reverses dismissal of intentional infliction of emotional distress claim. The breach of duty claim is, in substance, a medical malpractice claim, so the court did not have jurisdiction because it had not been submitted to the medical review panel yet. The trial court had subject matter over Terry’s emotional distress claim.
JQC issues advisory opinion to judges with family members running for office
Judges who have a family member running for elected office may appear in campaign materials as long as the judge’s title or position isn’t mentioned, the Indiana Commission on Judicial Qualifications decided in an advisory opinion released Friday.
Woman’s suit against hospital for disparaging comments revived by COA
A trial court erred when it dismissed a woman’s intentional infliction of emotional distress claim filed against Community Hospital after she says staff made derogatory comments regarding her situation after she was brought in unconscious and under the influence of a date rape drug.
Court: Father’s failure to timely register implies consent to adoption
The Indiana Court of Appeals has affirmed the adoption of a child by the maternal grandfather after finding the purported father irrevocably implied consent after failing to timely register with the Indiana Putative Father Registry.
COA: Letter satisfied notice requirements after city damages pipeline
The Indiana Court of Appeals has affirmed the denial of the city of Plymouth’s motion to dismiss an administrative action against it stemming from damages it caused to an underground natural gas pipeline. The appeals court found the Indiana Utility Regulatory Commission satisfied the statutory and administrative requirements concerning notice of the violation and recommended penalties.
Access counselor doubts city’s need for secrecy on justice center RFP
Indiana Public Access Counselor Luke Britt told the city of Indianapolis that he wasn’t swayed by its reasons for withholding its request for proposals for a new $500 million criminal justice complex.
Program gets $1 million US grant to mentor ex-cons
An Indianapolis nonprofit is receiving a $1 million Department of Justice grant to mentor released prison inmates who are mothers and fathers.
Annexation called ‘legalized bullying’ during interim study committee meeting
Property owners told Indiana legislators Sept. 24 that despite the General Assembly’s continual tinkering with the state’s annexation statute, the process still favors municipalities by giving them all the power to take the land they want without considering the owners’ wishes.
Opinions Sept. 25, 2014 ILD
Indiana Court of Appeals
Joel Granberry v. Bright Ideas in Broad Ripple, Inc., and Beverly J. Middaugh (NFP)
49A05-1312-CT-585
Civil tort. Affirms grant of the defendants’ motion to dismiss Granberry’s complaint for damages, the grant of default judgment on the defendants’ counterclaims and order that Granberry pay their attorney fees.
Indiana Farm Bureau Insurance Company, as Subrogee of Real Estate Technologies, LLC v. Wood Shield, LLC (NFP)
29A02-1403-PL-136
Civil plenary. Reverses order granting summary judgment to Wood Shield and remands for further proceedings.
Adam Prater v. State of Indiana (NFP)
48A02-1403-CR-152
Criminal. Affirms revocation of work release placement and order Prater serve the remainder of his sentences as executed time in the Department of Correction.
Francisco Villegas, Jr. v. State of Indiana (NFP)
56A03-1402-CR-59
Criminal. Affirms conviction of murder and Class D felony neglect of a dependent.
Taevon Spivey v. State of Indiana (NFP)
49A02-1312-CR-1046
Criminal. Affirms convictions of murder, Class A felony attempted murder and Class C felony carrying a handgun without a license.
In the Matter of: P.S. and K.S., Child in Need of Services, T.F. (Mother) and C.S. (Father) v. Indiana Department of Child Services, and Child Advocates, Inc. (NFP)
49A02-1402-JC-93
Juvenile. Affirms determination children are children in need of services.
Kenneth Washington v. State of Indiana (NFP)
71A03-1402-CR-64
Criminal. Affirms conviction of Class C felony burglary.
Giavonni Montez Wickware v. State of Indiana (NFP)
82A05-1402-CR-73
Criminal. Affirms convictions of Class A felony burglary resulting in bodily injury and Class D felony theft, and Wickware’s 70-year aggregate sentence. Remands to trial court to vacate enhancement of Wickware’s sentence for theft. Affirms in all other respects.
Frederick Cashner, Sr. and Lucille Cashner v. Western-Southern Life Assurance Company (NFP)
64A04-1311-PL-555
Civil plenary. Grants rehearing but affirms grant of motion for costs and attorney fees filed by Western-Southern.
Elon Brown v. State of Indiana (NFP)
49A05-1402-CR-83
Criminal. Affirms convictions of Class B felony unlawful possession of a firearm by a serious violent felon and Class A misdemeanor resisting law enforcement.
Opinions Sept. 25, 2014
The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Scott Logan v. State of Indiana
20S05-1405-CR-339
Criminal. Reverses conviction of Class C felony child molesting and six-year sentence. Although the trial court technically complied with Criminal Rule 4(C), Logan’s 1,291-day delay between the filing of the charge and the beginning of his trial violated his constitutional right to a speedy trial. Orders Logan released from incarceration and remands for further proceedings.
COA orders trial over whether trucking company must pay for highway damage
The crash report prepared after a fatal trucking accident on Interstate 70 that resulted in damage to the highway should not have been included as evidence in the state’s lawsuit seeking recovery of the money it spent repairing the highway, the Indiana Court of Appeals ruled Thursday. As a result, the judges reversed summary judgment in favor of the state and ordered the matter proceed to trial.
Justices affirm adoption despite father’s untimely appeal
The Indiana Supreme Court in its decision affirming the adoption of a girl first tackled the issue of appellate jurisdiction to entertain the biological father’s appeal.
1,291-day delay in holding trial requires reversing conviction
The “unduly long delay” in bringing a man to trial on a charge of child molesting – 1,291 days – violated his constitutional right to a speedy trial and requires reversing his conviction, the Indiana Supreme Court ruled Wednesday.
Child services investigators claim unpaid overtime
Two Indiana Department of Child Services investigators say in a lawsuit that they've had to work extensive overtime without receiving required overtime pay.
White House says Holder resigning as attorney general
Eric Holder, who served as the public face of the Obama administration's legal fight against terrorism and pushed to make the criminal justice system more even-handed, is resigning after six years on the job. He is the nation's first black attorney general.
Second suit filed over Wal-Mart PCB contamination
A second lawsuit has been filed as a result of toxic contamination discovered at an Indianapolis Wal-Mart return center.
Tell us who are leaders in the law
Since 2006, Indiana Lawyer has recognized men and women in the legal community who excel as lawyers while making a difference in people’s lives, both within the profession and the community at large. Nominations are now open for the 2015 Leadership in Law Distinguished Barrister and Up and Coming Lawyer awards.
The complete award criteria, nomination guidelines and submission forms are available at www.theindianalawyer.com/submit-leadership-in-law. Nominations are due Jan. 20, 2015.
Opinions Sept. 24, 2014 ILD
Indiana Court of Appeals
Servanes J. Wilson, Sr. v. Wabash Valley Correctional Facility and Indiana Department of Correction (NFP)
77A05-1309-PL-476
Civil plenary. Affirms dismissal of Wilson’s complaint alleging a violation of his First Amendment right of access to the courts.
Lavon Beverly v. State of Indiana (NFP)
49A02-1402-CR-87
Criminal. Affirms order of restitution as a term of Beverly’s probation in connection with his sentence for Class C felony robbery.
In Re: The Support of V.B. and S.B., Jeffery A. Roach v. Vicky Lynn Bishop (NFP)
49A02-1401-JP-44
Juvenile. Affirms order denying Roach’s request to eliminate his child support arrearage.
David Roberts v. Estate of Bertha Roberts, Deceased (NFP)
21A01-1403-ES-140
Estate, supervised. Affirms order approving the verified closing statement for the estate of Bertha Roberts.
David Cox v. State of Indiana (NFP)
64A04-1402-CR-52
Criminal. Affirms revocation of probation and order Cox serve the remainder of his suspended sentence in the Department of Correction.
R. Myers & Associates, LLC and Robert D. Myers a/k/a Rob Myers v. Adpoint, Incorporated, Joel Hall and Mary Hall (NFP)
29A02-1305-PL-449
Civil plenary. Affirms judgment in favor of Adpoint on its complaint and on Myers’ counterclaim relative to Myers’ purchase of a business from Adpoint. Remands for the trial court to enter specific findings and conclusions on the matter of snow removal.