Social media push boosts calls to Evansville’s legal advice service
The Evansville legal community, worried that its monthly talk-to-a-lawyer program was losing popularity, turned to the place where it seems everyone gathers – cyberspace.
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Justices strike down partial consecutive sentences
Indiana trial court judges do not have discretion to impose partial consecutive sentences, the Indiana Supreme Court ruled Tuesday.
Lilly lung cancer drug patent upheld
A federal court ruling has upheld Eli Lilly and Co.’s patent on a lung cancer drug from generic competition until 2022. IBJ has the story.
Wine bar’s programmable cards not subject to tax exemption
An Indianapolis wine bar’s programmable cards that customers purchase to dispense samples are not subject to resale tax exemption, the Indiana Tax Court ruled Monday.
Indiana Law Review focuses on data privacy
“Data Privacy in the Digital Age” is the focus of the Indiana Law Review Symposium Friday at the Indiana University Robert H. McKinney School of Law in Indianapolis.
Man has second chance to get OWI charges dropped
A Jefferson County man who was brought to court for operating a vehicle while intoxicated more than two years after he was pulled over by police will get another chance to argue that his right to a speedy trial was violated.
Opinions March 31, 2014 ILD
Indiana Court of Appeals
Derrick R. Woods v. State of Indiana (NFP)
45A05-1307-CR-379
Criminal. Affirms conviction of failure to return to lawful detention, a Class D felony.
Michael Kimes v. State of Indiana (NFP)
49A04-1309-CR-440
Criminal. Affirms 30-year sentence, with six years suspended, for conviction of child molesting, as a Class A felony.
Davonta K. Johnson v. State of Indiana (NFP)
20A03-1307-CR-294
Criminal. Affirms 19-year sentence for convictions of one count of burglary and one count of robbery, both as a Class B felonies.
Trenton Bolden v. State of Indiana (NFP)
15A01-1310-CR-469
Criminal. Affirms the revocation of Bolden’s probation.
Charles Gooch v. State of Indiana (NFP)
49A02-1309-PC-781
Post conviction. Affirms denial of Gooch’s petition for post-conviction relief.
Lila Marquez v. Rene Kobler (NFP)
49A02-1306-CT-486
Civil tort. Affirms judgment that Marquez was 100 percent at fault for the accident and that there was no issue for the jury to decide with regard to liability.
Jewel L. and John E. Johnson v. Brooks Striping, Inc., Inland Western Greensburg Commons LLC, and Inland US Management LLC (NFP)
16A01-1311-CT-476
Civil tort. Affirms summary judgment in favor of Brooks Striping, Inc., Inland Western Greensburg Commons, LLC, and Inland US Management LLC.
Jerry D. White v. State of Indiana (NFP)
20A03-1306-PC-238
Criminal. Affirms denial of White’s petition for post-conviction relief.
Aadil Ashfaque v. State of Indiana (NFP)
49A02-1308-CR-743
Criminal. Dismisses appeal of trial court’s denial of Ashfaque’s motion to dismiss charges of dealing in a synthetic drug, as a Class D felony; possession of a synthetic drug, as a Class D felony; operating while intoxicated, as a Class A misdemeanor; and operating without a license, as a Class C misdemeanor.
In re the Marriage of: Tasha Bates v. Damon Bates (NFP)
49A02-1306-DR-572
Domestic relation. Affirms denial of mother’s request for an emergency continuance of the final hearing, denial of mother’s post-trial motion to supplement the record with evidence. Also affirms division of martial estate and order that mother pay $10,000 of father’s attorney fees. Remands for the recalculation of child support to include father’s income from inheritance.
Samuel Lewis v. State of Indiana (NFP)
20A03-1309-PC-348
Post conviction. Affirms denial of Lewis’ petition for post-conviction relief.
Tony Dale Wilson v. State of Indiana (NFP)
05A04-1307-CR-369
Criminal. Affirms conviction of child molesting, as a Class C felony, and eight-year sentence, with six years executed and two years suspended to probation.
Terelle Young v. State of Indiana (NFP)
49A02-1308-CR-712
Criminal. Affirms conviction of failure to stop after an accident resulting in personal injury, a Class A misdemeanor.
Dezmont Hogan v. State of Indiana (NFP)
82A01-1310-CR-475
Criminal. Affirms 40-year sentence for convictions of burglary, as a Class A felony; criminal confinement, as a Class B felony; and theft, as a Class D felony.
Ronnie Ervin Major v. State of Indiana (NFP)
45A03-1307-PC-288
Post conviction. Affirms denial of Major’s petition for post-conviction relief.
Zack Hitchings v. State of Indiana (NFP)
49A02-1303-CR-207
Criminal. Affirms eight-year sentence for conviction of robbery, as a Class C felony.
James Edwin Gardner, III v. State of Indiana (NFP)
45A03-1307-CR-259
Criminal. Affirms conviction of arson, a Class B felony.
Robert Whipple v. State of Indiana (NFP)
48A02-1306-CR-537
Criminal. Affirms convictions of two counts child molesting, as Class A felonies, and one count child molesting, as Class C felony.
Michael J. Bermes v. G.K. Cambray & Company, Inc., Gregory K. Cambray d/b/a Cambray & Associates, Inc., and Lauri Massoth (NFP)
35A02-1308-PL-694
Civil plenary. Affirms trial court’s judgment in favor of G.K. Cambray & Co., Inc., Gregory K. Cambray d/b/a Cambray & Associates, Inc., and Lauri Massoth. Finds the trial court did not err in determining that G.K. Cambray held a valid mechanic’s lien against Bermes’ real property and that G.K. Cambray did not commit a deceptive act by failing to comply with the Indiana Home Improvement Contracts Act. Also rules Bermes is not entitled to hold Massoth personally liable.
Tyrone Ice v. State of Indiana (NFP)
49A04-1305-CR-254
Criminal. Affirms convictions for attempted rape and two counts of criminal deviate conduct, all Class B felonies.
Louis P. Fromer v. State of Indiana (NFP)
79A04-1306-CR-272
Criminal. Affirms conviction and 45-year sentence for dealing in a schedule II controlled substance, a Class A felony. However, rules the trial court erred when it entered a separate consecutive five-year sentence based upon the habitual substance offender finding. Remands to trial court with instructions to correct its sentencing order to reflect an enhancement of Fromer’s dealing conviction by five years rather than as a separate sentence. Judge John Baker wrote a separate opinion concurring in part and in result.
Kevin J. Mamon v. State of Indiana (NFP)
30A05-1309-CR-440
Criminal. Affirms conviction and three-year sentence for committing battery by body waste, a Class D felony.
Andrew Lee Barnett v. State of Indiana (NFP)
82A04-1309-CR-444
Criminal. Affirms convictions for attempted armed robbery, a Class B felony; attempted burglary, a Class B felony; intimidation, a Class C felony; carrying a handgun without a license, a Class A misdemeanor; and resisting law enforcement, a Class A misdemeanor.
Kenneth E. Eltzroth v. State of Indiana (NFP)
85A02-1306-CR-571
Criminal. Affirms conviction of Class B felony dealing in controlled substance.
Regina Choice v. State of Indiana (NFP)
02A03-1306-CR-266
Criminal. Affirms two-year sentence for theft as a Class D felony.
James Lohman III v. State of Indiana (NFP)
64A03-1307-CR-258
Criminal. Affirms aggregate 21-year sentence for pleading guilty to Class B felony leaving the scene of an accident causing death and Class C felony operating a motor vehicle while intoxicated causing death.
In the Matter of the Termination of the Parent-Child Relationship of M.F., C.F. v. Indiana Department of Child Services (NFP)
40A01-1309-JT-392
Juvenile. Affirms termination of C.F’s (mother) parental rights over her minor daughter, M.F.
Indiana Supreme Court and the Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not post any Indiana opinions Monday by IL deadline.
Judge Sarah Evans Barker to take senior status
After 30 years on the federal bench, Judge Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana has announced her intention to take senior status effective June 30, 2014.
Opinions March 31, 2014
7th Circuit Court of Appeals
USA v. Randall Causey, 13-1321
Criminal. Affirms Causey’s convictions and 108-month sentence for one count of conspiring to commit wire fraud in violation of 18 U.S.C. 1349 and eight counts of aiding and abetting the commission of, and committing the offenses of, wire fraud in violation of 18 U.S.C. 1343. Ruled that the District Court did not abused its discretion in admitting evidence and that the District Court erred in barring the defense witness from giving expert testimony while allowing the expert testimony by the government witness. Also finds the District Court properly applied two-level sentencing enhancement.
Court affirms custody modification after mom’s move
A Vincennes father lost his appeal of a modification of custody order that granted sole physical custody to his child’s mother after she moved 180 miles away to start a new family with her fiancé.
Three-way opinion affirms marijuana conviction
Three Court of Appeals judges each wrote opinions but affirmed a Grant County man’s conviction of Class D felony possession of marijuana.
Judgment for IRS reversed, remanded
A trial court was not the proper forum to grant summary judgment in favor of the Internal Revenue Service in a dispute over a land contract that had been an issue in a prior bankruptcy case, the Indiana Court of Appeals ruled Monday.
District Court properly handles expert testimony by non-expert witnesses
Although neither witness called to testify in a criminal trial was an expert, the 7th Circuit Court of Appeals ruled the District Court did not err by barring the testimony of the defense witness while allowing the statements of the government witness.
COA affirms denial of additional unemployment benefits
A woman whose unemployment benefits stopped after 26 weeks was not improperly denied an extension because she continued to work a part-time job of about four to eight hours a week, the Indiana Court of Appeals ruled.
Contempt affirmed for man suspected of drunken driving
A man who authorities said refused to comply with a court-ordered blood draw for suspicion of drunken driving was rightfully found in contempt of court, the Indiana Court of Appeals ruled Monday.
Official misconduct statute focus of Hardy appeal
Whether Indiana’s official misconduct statute is unconstitutionally vague was the question before an appeals court panel Monday that heard the state argue that criminal charges should be reinstated against the fired head of the Indiana Utility Regulatory Commission.
Rose-Hulman to honor Muncie native serving on federal bench
Federal Judge Robert L. Wilkins will receive an honorary doctorate of engineering degree during the 136th commencement ceremonies on May 31 at Rose-Hulman.
Opinions March 28, 2014 ILD
Indiana Court of Appeals
Joshua L. Wynn v. State of Indiana (NFP)
58A05-1303-CR-115
Criminal. Affirms denial of motion for modification of sentence or change of placement.
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.
Opinions March 28, 2014
Indiana Court of Appeals
In Re Paternity of D.T. (Minor Child) Diamond T. Parks (Mother) v. Deante Rashon Tate (Father)
48A05-1309-JP-486
Juvenile. Reverses award of custody to father, who resided in Indiana, from mother, who lived in Mississippi. The trial court lacked subject matter jurisdiction. The trial court adjudicated the custody request of father as part of the Uniform Interstate Family Support Act cause of action, even though the UIFSA specifies that the court lacks jurisdiction to make such a determination absent a stipulation between the parties.
COA tackles 2 issues of first impression
The Indiana Court of Appeals addressed two new issues in a child solicitation and prostitution case regarding authenticating emails and text messages and whether the defendant’s actions actually constituted a crime.