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Opinions July 21, 2014 ILD

Indiana Court of Appeals
Glenn Hatmaker v. Betty Hatmaker (NFP)
49A05-1402-DR-56
Domestic relation. Affirms order restricting Glenn Hatmaker’s parenting time to supervised parenting time two hours per week.

In the Matter of the Termination of the Parent-Child Relationship of: Z.S. (Minor Child) and R.S. (Father) v. The Indiana Department of Child Services (NFP)
09A04-1309-JT-473
Juvenile. Affirms involuntary termination of parental rights.

Timothy E. Strowmatt v. State of Indiana (NFP)
71A03-1402-PC-70
Post conviction. Affirms order dismissing petition for writ of state habeas corpus.

Charles Howlett v. State of Indiana (NFP)
49A02-1312-CR-1024
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

The Indiana Tax Court posted no opinions by IL deadline.
 

Opinions July 21, 2014

7th Circuit Court of Appeals
United States of America v. Donella Locke
11-3743
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Criminal. Affirms Locke’s sentence of 57 months in prison, three years of supervised release and order she pay more than $340,000 in restitution to lenders for her role in a real estate fraud scheme. Locke argued the District Court erred when it failed to reduce the loss amount incurred as a result of her convicted conduct by the amounts the victims received when they sold the real estate that secured the fraudulently obtained loans, but she waived this issue.

Inmate’s action for credit time moot after DOC grants request

A Henry Circuit judge correctly dismissed an inmate’s action for educational credit time as moot after the Department of Correction determined he was entitled to the time and awarded him the credit, the Indiana Court of Appeals held Monday.

Prosecutors: Debt motive for 2012 Indy explosion

Prosecutors have filed court documents indicating that mounting gambling and credit card debt were the motive behind a deadly explosion that devastated an Indianapolis neighborhood in 2012.

Opinions July 18, 2014 ILD

Indiana Court of Appeals
In re: The Visitation of A.W., J.W. v. State of Indiana (NFP)
71A03-1401-MI-3
Miscellaneous. Dismisses denial of mother’s motion to correct error.

In re the Marriage of: Monica S. Yoldash n/k/a Monica S. Orta v. Ibrahim E. Yoldash (NFP)
45A03-1308-DR-324
Domestic relation. Affirms dissolution of the marriage.

John Zapata d/b/a Zapata Collection Services, An Individual and as Assignee v. Ball State University, Facilities Management and Planning (NFP)
18A04-1310-CC-534
Civil collection. Affirms grant of Ball State’s motion to dismiss Zapata’s complaint for damages arising from a breach of contract.

John V. Guthrie v. State of Indiana (NFP)
45A05-1311-PC-551
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Commissioner of Insurance Stephen W. Robertson, on behalf of Indiana Patient's Compensation Fund v. Kimi Clark, Personal Representative of the Estate of William Troy Clark, Deceased (NFP)
49A04-1401-CT-7
Civil tort. Affirms award of damages for lost earnings to the estate following remand.

Emmanuel Winters v. State of Indiana (NFP)
79A02-1312-CR-1050
Criminal. Affirms 20-year sentence imposed following guilty plea to Class B felony robbery and Winters’ admission that he is a habitual offender.

Lloyd Hedstrom v. State of Indiana (NFP)
46A05-1401-CR-12
Criminal. Affirms 80-year aggregate sentence but reverses classification as a credit-restricted felon and remands with instructions.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

Plea agreement bars defendant from appealing sentence

A defendant who agreed to waive his right to appeal his sentence after pleading guilty to a drug offense was unable to convince the 7th Circuit Court of Appeals that he should be allowed to pursue his ineffective assistance of counsel claim.

Opinions July 17, 2014 ILD

Indiana Court of Appeals
Joseph M. Bell v. State of Indiana (NFP)
20A03-1311-CR-464
Criminal. Affirms conviction of Class A felony attempted dealing in methamphetamine.

Phyllis Roy v. Jerry Gidrewicz (NFP)
45A03-1306-PO-263
Protective order. Affirms trial court’s denial of Roy’s motion to correct error.

Kenneth Ferrell v. State of Indiana (NFP)
49A04-1311-CR-567
Criminal. Affirms conviction of Class D felony residential entry.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions Thursday by IL deadline.
 

Opinions July 17, 2014

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
United States of America v. Lorenzo Mosley
13-3184
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Affirms revocation of Mosley’s supervised release after judge found Mosley had committed the alleged violations, which included dealing cocaine, and sentence to 21 months in prison. The District Court erred in admitting a hearsay statement without finding there was “good cause,” but the error was harmless.

Admittance of hearsay evidence harmless error, rules 7th Circuit

The out-of-court testimony of a woman who said she purchased crack cocaine from a man who was on supervised release should not have been admitted during the man’s hearing regarding revoking his release, the 7th Circuit Court of Appeals held Wednesday. But this was a harmless error because the circumstantial evidence supports that the man dealt crack cocaine to the woman.