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Opinions Aug. 26, 2014 ILD

Indiana Court of Appeals
Lawrence Mulry v. State of Indiana (NFP)
49A02-1312-CR-1035
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Jose B. Rodriguez v. State of Indiana (NFP)
20A05-1309-CR-491
Criminal. Affirms convictions of four counts of Class A felony child molesting. Finds although the trial court did abuse its discretion in admitting evidence of extra-jurisdictional prior bad acts, the error was harmless.

In re the Marriage of: Robin D. (Hanson) Blankenship and James E. Hanson, James E. Hanson v. Robin D. (Hanson) Blankenship (NFP)
41A05-1310-DR-511
Domestic relation. Affirms denial of James Hanson’s petition to modify child support and granting of Robin Blankenship’s verified petition for rule to show cause, holding Hanson in contempt based on his child support arrearage. Judge James Kirsch dissents. He argues the trial court did abuse its discretion in denying the modification and recommends the court reverse the order and remand with instructions to enter a new child support order.

Leroy Shoaff v. Denisa Dekker (NFP)
45A05-1401-CT-43
Civil tort. Affirms judgment for $386,000 against Shoaff for his fault in a 2007 motor vehicle accident that injured Dekker’s knee.

Fernando Miranda v. State of Indiana (NFP)
49A04-1401-CR-10
Criminal. Affirms convictions for Class A misdemeanor resisting law enforcement and Class B misdemeanor public intoxication.

Orange County v. Review Board of the Indiana Department of Workforce Development and Daniel Harris (NFP)
93A02-1403-EX-144
Civil. Affirms the Review Board of the Department of Workforce Development’s determination that Orange County did not file a timely appeal to the decision that Harris was eligible for unemployment benefits.

Destiny Skeen v. Review Board of the Indiana Department of Workforce Development and Hub Restaurant LLP (NFP)
93A02-1401-EX-57
Civil. Reverses decision by the Indiana Department of Workforce Development that Skeen was discharged for just cause. Concludes the Review Board decision was not supported by substantial evidence.
 

Deficient counsel does not overcome convincing evidence

Even though the 7th Circuit Court of Appeals spelled out in a 17-page opinion what defense counsel should have done during a bench trial, the appellate panel ultimately concluded the deficient representation did not prejudice the case.

Opinions Aug. 26, 2014

7th Circuit Court of Appeals
Roy Smith v. Richard Brown
12-3731
U.S. District Court, Northern District of Indiana, South Bend Division.
Judge James T. Moody
Criminal. Affirms the denial of Smith’s habeas petition. Finds although Smith’s counsel appeared to be particularly deficient, Smith failed to demonstrate how his lawyer’s substandard effort prejudiced his case since there was overwhelming evidence against him.

 

Judges blast Indiana, Wisconsin gay marriage bans

Federal appeals judges bristled Tuesday at arguments defending gay marriage bans in Indiana and Wisconsin, with one Republican appointee comparing them to now-defunct laws that once outlawed weddings between blacks and whites.

Court must make findings in denying visitation for imprisoned dad

A man released to probation on a murder conviction but subsequently ordered to serve the remainder of his sentence following probation violations failed to persuade the Indiana Court of Appeals to reverse denial of his request for parenting time.

Mail not hearsay, COA rules in affirming drug, gun convictions

A Fort Wayne man’s convictions on multiple cocaine-dealing and felony weapons charges were affirmed Tuesday after the Indiana Court of Appeals ruled on an issue of first impression, indicating that he was not prejudiced by mail. Lamont Carpenter asserted the trial court abused its discretion when it admitted mail containing his name and address because it was hearsay.

Abrams: Law School Orientation—Oh, To Be Young Again!

I had the honor of attending law school orientation on Saturday, August 16 at the Robert H. McKinney School of Law. I sat on the dais with the Honorable Jose Salinas of Marion Superior Court, the Honorable Jane E. Magnus-Stinson of the U.S. District Court for the Southern District of Indiana and McKinney School of Law Dean Andrew Klein.

Attorneys want 2 right-to-work cases combined

The Indiana attorney general's office and attorneys for two sets of plaintiffs challenging the state's right-to-work ban on certain union fees want the Indiana Supreme Court to consolidate the cases.

Crowds line up to hear federal gay marriage appeal

The legal skirmish over same-sex marriage shifted Tuesday to a federal appeals court in Chicago, where nearly 200 people lined up hoping to hear arguments in a case challenging gay marriage bans in Wisconsin and Indiana.

IndyBar: Evening Under the Stars Preparation is Underway

In just a few weeks, the Indianapolis Bar Foundation (IBF) will host its annual fundraiser, the Evening Under the Stars Dinner & Auction. The event features an elegant dinner, cocktails, live entertainment and silent and live auctions – all while attendees have the chance to mingle with Indy’s top legal professionals.

Court makes available resources for Constitution Day

The importance of juries and how people are chosen to serve will be at the heart of discussions between students and judges as the judiciary teams up with schools to mark Constitution Day Sept. 17.