Truck’s ‘excessive’ smoke justified traffic stop
The Indiana Court of Appeals has ruled that a police officer had reasonable suspicion to pull over a driver after seeing his truck emit an “excessive” amount of smoke.
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COA affirms dropped charges for ex-IURC chief Hardy
Because David Lott Hardy, former chairman of the Indiana Utility Regulatory Commission, broke no laws, a trial court didn’t abuse its discretion in dismissing felony official misconduct charges against him, the Indiana Court of Appeals held Tuesday.
Justices take 4 cases on transfer
The Indiana Supreme Court granted transfer to four cases last week, including a case that divided the Indiana Court of Appeals over whether a drunken driving retrial was double jeopardy.
160 pass February bar exam
The Indiana Board of Law Examiners has released the names of the 160 people who passed the February 2014 bar exam.
[Article Headline]
On The Move highlights employment news, awards and honors attorneys receive, and board appointments or elected positions. Digital images should be 200 dpi and saved as eps, tiff or jpg. Color images are preferred. Information must be submitted at least 10 days before the Wednesday issue in which it is to appear. Submit your announcement […]
Opinions April 28, 2014 ILD
Indiana Court of Appeals
Sammie L. Booker-El v. State of Indiana (NFP)
48A02-1304-CR-366
Criminal. Affirms denial of motion for relief from judgment and motion to correct error.
Benjamin E. Freed v. State of Indiana (NFP)
63A04-1309-CR-458
Criminal. Affirms convictions and 45-year sentence for Class A felony attempted child molesting and Class C felony child molesting.
Richard L. Jones v. State of Indiana (NFP)
49A05-1308-CR-423
Criminal. Affirms conviction of Class B felony burglary.
Trent D. Pope v. State of Indiana (NFP)
89A05-1307-CR-366
Criminal. Affirms conviction of Class B felony robbery and adjudication as a habitual offender.
Blake J. Drapeau v. State of Indiana (NFP)
82A01-1310-CR-466
Criminal. Affirms conviction of Class D felony residential entry.
John W. Dozier v. State of Indiana (NFP)
34A05-1311-CR-539
Criminal. Affirms revocation of probation and order Dozier serve his previously suspended sentence.
In the Matter of the Termination of the Parent-Child Relationship of: A.C. (Minor Child), and A.C.C. (Father) v. The Indiana Department of Child Services (NFP)
82A04-1309-JT-496
Juvenile. Affirms termination of parental rights. http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2014/april/04281406jsk.pdf
In the Matter of the Termination of the Parent-Child Relationship of D.S. and G.S., minor children, and A.C., Mother, A.C. v. Indiana Department of Child Services (NFP)
49A02-1309-JT-803
Juvenile. Affirms order terminating parental rights.
Carl R. Evanoff v. State of Indiana (NFP)
17A04-1309-CR-445
Criminal. Affirms 15-year sentence following guilty plea to Class B felony conspiracy to manufacture methamphetamine.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions April 28, 2014
Indiana Court of Appeals
John M. Weidman v. State of Indiana
03A01-1306-CR-255
Criminal. Affirms 14-year sentence following guilty pleas in two separate causes. Weidman specifically agreed in his plea agreement that he was not entitled to credit for the time he was on electronic monitoring as a condition of his release on bond. Accordingly, he may not now claim that he was entitled to credit for the time he was on electronic monitoring.
Plea bars man from credit for time served on electronic monitoring
Because a man entered into a plea agreement that he was not entitled to credit for the time he was on electronic monitoring as a condition of bond, the Indiana Court of Appeals affirmed his 14-year sentence.
COA heads to northern Indiana for ‘Appeals on Wheels’
The Indiana Court of Appeals will travel to northern Indiana Wednesday to hear arguments in Lake and St. Joseph counties involving two criminal cases.
Suspended lawyer warned against ‘frivolous’ pleadings
A federal judge has warned a suspended attorney to stop filing frivolous motions in an unsuccessful suit alleging police misconduct against the city of Gary and other defendants.
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On The Move highlights employment news, awards and honors attorneys receive, and board appointments or elected positions. Digital images should be 200 dpi and saved as eps, tiff or jpg. Color images are preferred. Information must be submitted at least 10 days before the Wednesday issue in which it is to appear. Submit your announcement […]
Indiana lawmakers struggle with ethics system
During the House Ethics Committee's meeting last week reviewing the actions of House Speaker Pro Tem Eric Turner, Democrats and Republicans consistently noted the troubles they see in balancing the demands of a part-time legislature against the need for clear ethics rules. The IBJ has more on the issue.
NCAA seeks to delay, split trial over use of player images
The National Collegiate Athletic Association has asked a federal judge to postpone a trial over student athletes’ claims they should be compensated for the use of their images until earlier rulings in the case that have been appealed are decided. The IBJ has more on the NCAA's request.
Indy picks former GM site for new criminal justice complex
The city of Indianapolis announced April 25 that it is asking development teams to use part of the former GM Stamping Plant property west of downtown in its proposals for a new criminal justice center.
Opinions April 25, 2014 ILD
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline Friday. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions April 25, 2014
Indiana Court of Appeals
Marvin Garner v. State of Indiana
49A02-1310-CR-834
Criminal. Affirms aggregate 60-year sentence for four counts of Class A felony child molesting. His offenses were committed against multiple victims and against the same victims repeatedly, and his victims were young and he abused this position of trust.
Gambler scores partial victory before Tax Court
The Indiana Tax Court Thursday granted an alleged professional gambler’s motion to compel the Department of State Revenue to comply with nearly all of his discovery requests in his quest to deduct certain business expenses.
Judges decline to revise man’s 60-year molestation sentence
The Indiana Court of Appeals rejected a man’s argument to revise his sentence for molesting the daughters of his ex-girlfriend to be served concurrently instead of consecutively because of his age and he is paraplegic.
Bankruptcy filings drop in Indiana
Bankruptcy filings in the U.S. Bankruptcy Courts, Northern and Southern Districts of Indiana, fell for the 12-month period ending March 31 as compared to the same time in 2013, according to the United States Courts.
Opinions April 24, 2014 ILD
Indiana Court of Appeals
Bryan Swineford v. State of Indiana (NFP)
90A05-1311-CR-568
Criminal. Affirms denial of Swineford’s petition to convert his Class D felony conviction of operating a vehicle with a blood alcohol concentration of 0.08 to a Class A misdemeanor.
Charles K. Corn v. State of Indiana (NFP)
84A01-1304-CR-161
Criminal. Affirms conviction of Class B felony aggravated battery.
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.