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Opinions Sept. 14, 2014 ILD

 Indiana Court of Appeals
Jason L. Wanzell v. State of Indiana (NFP)
53A01-1311-CR-490
Criminal. Affirms denial of motion to correct erroneous sentence.

Davarius L. White v. State of Indiana (NFP)
02A03-1402-CR-52
Criminal. Affirms conviction of Class D felony domestic battery.

Robert Abbey v. State of Indiana (NFP)
82A01-1403-CR-119
Criminal. Affirms denial of motion to apply cash bond toward restitution.

Juan Martinez v. State of Indiana (NFP)
45A05-1401-CR-22
Criminal. Affirms conviction and six-year executed sentence for Class B felony child molestation.

 

Opinions Sept. 22, 2014

Indiana Supreme Court
In the Matter of: Trezanay M. Atkins
49S00-1306-DI-435.
Attorney discipline. Suspends Atkins for two years without automatic reinstatement, finding she violated Indiana Rules of Professional Conduct 8.4(b), committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness; and 8.4(c), engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.
 

Purdue shooter sentenced to 65 years in prison

An Indiana man who admitted fatally stabbing and shooting a fellow Purdue University student inside a crowded classroom was sentenced Sept. 19 to the maximum 65 years in prison after telling a judge he lied about being mentally ill.

Sentencing set in deadly Purdue campus attack

The lawyer for an Indiana man who pleaded guilty to fatally stabbing and shooting a fellow Purdue University student is expected to try to convince a judge that his client is mentally ill.

State holds $1.2 million in domestic violence funds

The trustees of the Indiana Criminal Justice Institute have decided to stick by a plan that withholds $1.2 million in domestic violence prevention funds from private agencies until they submit spending plans.

Opinions Sept. 19, 2014

Indiana Court of Appeals
City of Mitchell v. Randy Phelix
47A01-1402-PL-88
Civil plenary. Reverses denial of its complaint for a declaratory judgment related to former Mitchell city policeman Randy Phelix’s claim for medical expenses due to disabilities resulting from dismantling methamphetamine labs. The appeals court held that the trial court erred when it ruled that Phelix was entitled to have the city pay his medical bills under I.C. 36-8-4-5 despite the worker’s compensation carrier’s denial of his claim.

Supreme Court posts annual report

The Indiana Supreme Court has posted its annual report, providing details of the 995 cases it reviewed in the fiscal year ending June 30 and elaborating on plans to roll out electronic filing in trial courts statewide.

DCS settles adoption subsidy lawsuit

Families who sued the Department of Child Services will receive $15.1 million in state foster child adoption subsidies withheld from 2009 to 2014, DCS announced Thursday.

Opinions Sept. 18, 2014 ILD

Indiana Court of Appeals
Robert F. Lynn, Linda S. Lynn, and Robert Lynn Company, Inc. v. Ronnie Shaffer and Jane Shaffer (NFP)
10A01-1309-PL-386
Civil plenary. Reverses award of attorney fees to Ronnie and Jane Shaffer.

Terence W. Lowery v. State of Indiana (NFP)
54A05-1402-CR-85
Criminal. Affirms 20-year executed sentence following guilty plea to Class A felony child molesting and Class B felony sexual misconduct with a minor.

Darryl S. Newell v. State of Indiana (NFP)
20A03-1401-CR-23
Criminal. Affirms convictions of Class A felony child molesting and Class B felony criminal deviate conduct.

Deadrian Boykins v. State of Indiana (NFP)
02A05-1312-CR-642
Criminal. Affirms murder conviction and 65-year sentence.

Joseph Wayer v. State of Indiana (NFP)
71A03-1310-CR-415
Criminal. Affirms murder conviction.

 

Opinions Sept. 18, 2014

Indiana Supreme Court
State of Indiana v. Frank Greene
49S02-1403-PC-172
Post conviction. Reverses grant of post-conviction relief, which would have reduced Greene’s Class B felony criminal confinement conviction to a Class D felony. Greene did not receive ineffective assistance of trial or appellate counsel due to his attorneys’ failure to present allegedly controlling precedent from this court. Greene mischaracterizes the application of Long v. State.

Judge rules for revenue department on man’s claim for sanctions

A man who argued that the Indiana Department of State Revenue should be sanctioned for allegedly producing his ex-wife’s transmittal envelope for her tax return and passing it off as his own lost his case before the Indiana Tax Court Thursday.