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Opinions April 17, 2014 ILD

Indiana Court of Appeals
Joshua Cornett v. State of Indiana (NFP)
49A02-1308-CR-730
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

In Re: the Marriage of: Gordon Somerville v. Effie K. Somerville (NFP)
49A02-1308-DR-735
Domestic relation. Vacates trial court’s judgment in part because husband established a prima facie error with regard to the trial court’s valuations of marital property and remands with instructions.

K.P. v. State of Indiana (NFP)
87A04-1307-JV-384
Juvenile. Affirms adjudication that K.P. committed two acts that would be child molesting if committed by an adult.

Michelle D. Gauvin v. State of Indiana (NFP)
79A02-1306-PC-542
Post conviction. Affirms denial of petition for post-conviction relief.

Thomas Curtis Edmond v. State of Indiana (NFP)
45A03-1303-PC-90
Post conviction. Affirms denial of petition for post-conviction relief.

Gwendolyn F. Jones v. State of Indiana (NFP)
48A02-1308-CR-678
Criminal. Affirms convictions of Class B felony robbery and Class C felony battery and remands with instructions to enter judgment upon Jones’ felony intimidation conviction as a misdemeanor and resentence her.

Patrick R. Taylor v. Jason Evans, Curtis Evans, and Chrystal Evans (NFP)
49A02-1303-CT-195
Civil tort. Affirms dismissal of Taylor’s personal injury action for failure to comply with a discovery order.

Daniel Torres v. State of Indiana (NFP)
48A05-1305-CR-267
Criminal. Affirms conviction of Class C felony sexual misconduct with a minor.

Barbara Wiggles v. Sandlian Management Corporation d/b/a U-Stor Self-Storage (NFP)
49A02-1306-CT-511
Civil tort. Affirms decision to grant U-Stor’s motion to strike Wiggles’ affidavit and its decision to grant U-Stor’s motion for judgment on the pleadings.

Ben L. Macon v. State of Indiana (NFP)
02A03-1309-CR-364
Criminal. Affirms denial of Macon’s motion to sever and hold two separate trials.

The Indiana Supreme Court posted no decisions Thursday prior to IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions prior to IL deadline.

 

Opinions April 17, 2014

Indiana Court of Appeals
Jason Taylor v. State of Indiana
45A03-1310-CR-406
Criminal. Reverses denial of petition for expungement. Determines that the word “shall” in Section 35-38-9-2(d) is mandatory language requiring expungement. And such an interpretation does not render Section 35-38-9-9(d) meaningless because that section applies to other parts of the statute where the trial court does have discretion to deny a petition for expungement.

Court reverses woman’s driving while suspended conviction

Because a woman’s conviction for driving while suspended was based in part on trial court speculation that she had driven farther than was necessary to put herself out of harm’s way, the Indiana Court of Appeals reversed the conviction.

Judges find court should have granted expungement

Finding that the word “shall” in Indiana Code 35-38-9-2(d) is mandatory language requiring expungement, the Indiana Court of Appeals reversed the denial of a man’s petition to expunge his 2004 misdemeanor sexual misconduct with a minor conviction.

Justices leave man’s life sentence intact

The Indiana Supreme Court Wednesday upheld a Lake County man’s sentence of life in prison without parole for the murder of a co-worker during a robbery. Ronnie Jamel Rice claimed the trial court improperly relied on non-statutory aggravators when imposing his sentence.

Opinions April 16, 2014 ILD

Indiana Court of Appeals
Daniel Dodd v. State of Indiana (NFP)
48A02-1310-CR-847
Criminal. Affirms sentence following guilty plea to Class B felony burglary; two counts of Class D felony theft; Class D felonies possession of a schedule IV controlled substance, unlawful possession of a legend drug, and unlawful sale of a legend drug; and possession of marijuana as a Class A misdemeanor.

Katrina Baker v. State of Indiana (NFP)
10A05-1308-CR-396
Criminal. Affirms conviction of Class A felony robbery.

Jeffrey L. Daniel v. State of Indiana (NFP)
41A01-1306-CR-294
Criminal. Affirms conviction and sentence for Class A felony burglary resulting in serious bodily injury.

Ontorio Frye v. State of Indiana (NFP)
49A02-1309-CR-793
Criminal. Affirms convictions of Class A misdemeanor operating a vehicle while intoxicated and Class B misdemeanor disorderly conduct.

Philip H. Chamberlain v. State of Indiana (NFP)
53A01-1305-CR-247
Criminal. Reverses order Chamberlain pay $15,000 in restitution. Because a restitution order cannot be based on an incident for which a defendant is not convicted and the court can’t determine from the trial record what Chamberlain’s counterfeiting conviction covers, the case is remanded for a determination of the amount of restitution, if any, the victim is entitled to for his counterfeiting conviction only.

Jimmy Isbell v. State of Indiana (NFP)
46A03-1306-CR-203
Criminal. Affirms sentence for Class A felony neglect of a dependent.

Bryan J. Fields v. State of Indiana (NFP)
20A03-1308-CR-330
Criminal. Affirms conviction of Class D felony theft.

Chas J. Harper v. State of Indiana (NFP)
40A01-1307-PC-286
Post conviction. Affirms denial of petition for post-conviction relief and remands to the trial court with instructions to correct the sentencing order, abstract of judgment and chronological case summary to reflect that the 30-year habitual offender enhancement serves as an enhancement of Harper’s Class A felony dealing in methamphetamine sentence.  

In the Matter of the Involuntary Termination of the Parent-Child Relationship of M.P., Minor Child, and her Father M.J.P., M.J.P. v. Indiana Department of Child Services (NFP)
02A03-1309-JT-388
Juvenile. Affirms termination of parental rights.

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

Opinions April 16, 2014

Indiana Supreme Court
David Bleeke v. Bruce Lemmon, in his capacity as Commissioner of the Indiana Department of Correction; Thor R. Miller, as Chairman of the Indiana Parole Board; et al.
02S05-1305-PL-364
Civil plenary. Reverses the trial court’s grant of summary judgment in favor of the parole board with respect to Bleeke’s additional parole conditions 4, 5, 17, 19 and 20, and remands with instructions that it enter an order enjoining the parole board from enforcing those conditions. Affirms the trial court’s grant of summary judgment to the parole board with respect to Bleeke’s claims about the constitutionality of the Sex Offender Management and Monitoring Program.

Justices: parole conditions unenforceable, SOMM constitutional

The Indiana Supreme Court Wednesday ordered a trial court to enjoin the Indiana Parole Board from enforcing the conditions of a man’s parole that prevent him from associating with minors. But the justices denied his request to find the Sex Offender Management and Monitoring program is unconstitutional.

Judges order court to take second look at restitution attorney must pay

A Monroe County attorney who pleaded guilty to Class D felony counterfeiting and ordered to pay $15,000 in restitution to a victim may not have to pay that full amount after the Indiana Court of Appeals Wednesday ordered the trial court to take another look at the restitution amount.

Leadership in Law 2014: Crystal Spivey Wildeman

  Crystal Spivey Wildeman enhances her community and firm every day with her positive, can-do attitude. She inspires others to do and be their very best and seems unable to give any less than 100 percent to the task at hand. While confident in her own ability, this up-and-coming litigator is eager to soak up […]

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Leadership in Law 2014: Clifford R. Whitehead

  Clifford R. Whitehead has been with Bowers Harrison for less than two years, but he has already helped the firm grow. The commercial litigator is active in the Evansville Bar Association, serving in several capacities including the employment law and young lawyers sections and with the diversity outreach committee. Before joining the firm, Cliff […]

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Leadership in Law 2014: Brianna J. Schroeder

  Brianna J. Schroeder is a self-described farm girl whose put those skills to use in her practice, which includes agricultural and environmental law. She did the heavy lifting on a Right to Farm Act case that has become the leading Indiana decision on the subject. She also currently serves as secretary-treasurer for the Indiana […]

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Leadership in Law 2014: Rubin Pusha III

  Although still in the early stages of his career, Rubin Pusha is growing and developing into one of the best and brightest in the legal profession. Rubin has demonstrated leadership at Barnes & Thornburg LLP and in the Indianapolis community at large that will leave a lasting positive impact. As a member of the […]

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Leadership in Law 2014: Lesley A. Pfleging

  When Lesley A. Pfleging joined Lewis Wagner’s transportation practice group, it was a new area of law to her. But Lesley has worked to increase her knowledge of the area’s unique issues by attending and speaking at seminars and preparing materials for transportation industry representatives. Clients appreciate her no-nonsense approach in helping them resolve […]

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Leadership in Law 2014: David L. Swider

David L. Swider is on the “short list” of top management labor and employment law attorneys in Indiana. While he is a nationally recognized speaker in his practice area, clients point to his responsiveness and business sense in their dealings, noting his willingness to provide alternative solutions to their problems and a compassion for them […]

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