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Opinions Jan. 10, 2014 ILD

January 10, 2014

Indiana Court of Appeals
Luis Antonio Palacio v. Raquel Villavicencio (NFP)
49A02-1305-DR-397
Domestic relation. Affirms denial of father’s request to modify child support.

In the Matter of the Termination of Parent-Child Relationship of D.C. & A.R. (Minor Children), and T.R. (Mother) v. The Indiana Department of Child Services (NFP)
49A05-1306-JT-291
Juvenile. Affirms termination of parental rights.

In Re the Marriage of James Barnum Gregory v. Ellen Davies Gregory (NFP)
49A05-1305-DR-205
Domestic relation. Affirms in part, reverses in part and remands for recalculation of husband’s child support and educational support obligations.

Patrick Palmer v. State of Indiana (NFP)

03A04-1306-CR-271
Criminal. Affirms 25-year aggregate sentence for convictions of Class C felony battery resulting in serious bodily injury, Class D felony attempted obstruction of justice, Class A misdemeanors invasion of privacy and battery, and a habitual offender enhancement.

James Christian Warner v. State of Indiana (NFP)
03A01-1305-CR-213
Criminal. Affirms 20-year sentence with two years suspended for conviction of Class B felony possession of methamphetamine.
 
Joshua Batchelor v. State of Indiana (NFP)
15A01-1306-CR-259
Criminal. Affirms revocation of probation.

In Re the Termination of Parent-Child Relationship of B.W., A.W., W.S., & U.S., B.W., and J.S. v. Indiana Department of Child Services (NFP)
33A01-1306-JT-270
Juvenile. Affirms termination of parental rights.

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

Opinions Jan. 10, 2014

January 10, 2014

7th Circuit Court of Appeals
Julio Cesar Chavarria v. United States of America
11-3549
Criminal. Affirms District Court order dismissing Chavarria’s claim of ineffective assistance of counsel that led to his deportation after conviction of cocaine distribution charges. The panel found the distinction between affirmative misadvice and failure to advise does not evade the non-retroactive ruling of Padilla v. Kentucky, 559 U.S. 356 (2010).

Longtime Lake Superior judge dies at 78

January 10, 2014

Lake Superior Judge Gerald N. Svetanoff, 78, died Wednesday. Svetanoff was the longest-serving Lake Superior judge at the time of his death.

7th Circuit: Ineffective assistance claim can’t challenge deportation

January 10, 2014

A legal permanent resident who argued pro se that ineffective assistance of legal counsel led to his deportation after he pleaded guilty to cocaine distribution failed to persuade the 7th Circuit Court of Appeals to reinstate his claim that was dismissed by a federal court.

Henderson, Shepard among most influential in legal education

January 10, 2014

National Jurist magazine has named two Indiana University faculty members to its list of the 25 most influential people in legal education.

Supreme Court suspends Judge Kimberly Brown pending final discipline

January 9, 2014

The Indiana Supreme Court has suspended Judge Kimberly Brown as justices consider a recommendation that she be removed from the bench for multiple violations of the Code of Judicial Conduct.

Opinions Jan. 9, 2014 ILD

January 9, 2014

Indiana Court of Appeals
Steven S. Satterly v. State of Indiana (NFP)
27A02-1305-CR-407
Criminal. Affirms order Satterly serve portions of his suspended sentences in two causes.

Anthony A. Outlaw, Jr. v. State of Indiana (NFP)
02A04-1305-CR-250
Criminal. Affirms sentence following guilty plea to Class D felony theft.

Anita Lopez v. State of Indiana (NFP)
20A03-1301-CR-10
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Jayson Chad-Allen George v. State of Indiana (NFP)
03A01-1304-CR-149
Criminal. Affirms convictions and 10-year sentence for Class C felony criminal confinement and Class D felony strangulation.

Timothy L. Sanders, Jr. v. State of Indiana (NFP)
84A05-1304-CR-208
Criminal. Affirms 30-year sentence for Class A felony child molesting.

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 Jan. 9, 2014

January 9, 2014

Indiana Court of Appeals
Wolf's Marine, Inc. v. Dev Brar
29A02-1303-SC-293
Small claim. Reverses denial of Wolf’s Marine’s motion to dismiss a complaint filed by Dr. Dev Brar. The trial court incorrectly determined that personal jurisdiction over Wolf’s existed in Indiana, and it should have granted the company’s motion to dismiss.

College cook not erroneously denied unemployment benefits

January 9, 2014

A cook at St. Joseph’s College in Rensselaer couldn’t convince the Indiana Court of Appeals that he was entitled to unemployment benefits for the summer of 2012.

COA reverses treble damages in business deal gone bad

January 9, 2014

A trial court erred in awarding treble damages to an Indiana man who entered into a business venture with a North Carolina couple that ended up costing him more than $1 million in money owed to him, the Indiana Court of Appeals concluded Thursday.

Indiana has no jurisdiction in case of damaged boat

January 9, 2014

The Indiana Court of Appeals found a plaintiff’s claims that personal jurisdiction existed in Indiana over a Michigan company involved in a lawsuit about his damaged boat didn’t hold water.

Woman did not breach duty to man injured while on property uninvited

January 9, 2014

Summary judgment was properly awarded to the owner of lake-front residential property in a man’s lawsuit filed after he was seriously injured in a hammock accident while on her property uninvited, the Indiana Court of Appeals held Thursday.

Rep. Turner introduces resolution defining marriage

January 9, 2014

Rep. Eric Turner, R-Cicero, filed House Joint Resolution 3 Thursday, which looks to ban same-sex marriage in Indiana through the state Constitution. He also introduced a bill describing the legislative intent of offering the amendment.

Former state superintendent hires top-flight defense in ethics case

January 9, 2014

Former Indiana Superintendent of Public Instruction Tony Bennett has tapped two top criminal defense attorneys from an Indianapolis law firm to defend him from charges he misused state resources in his 2012 re-election bid. IBJ.com has more on the attorneys.

Evansville federal, bankruptcy courts remain closed

January 9, 2014

The U.S. District and Bankruptcy courts in Evansville remain closed Thursday after a water main break this week. The closure is a result of ongoing repair to the water main.

Opinions Jan. 8, 2014 ILD

January 8, 2014

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

Opinions Jan. 8, 2014

January 8, 2014

7th Circuit Court of Appeals
United States of America v. Tony Currie
12-1666
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms decision to deny Currie’s motion to suppress evidence without conducting an evidentiary hearing. Orders a limited remand for purposes of ascertaining whether the District Court would be inclined to sentence him differently knowing Currie is subject to the lower statutory minimum of five years as provided by the Fair Sentencing Act of 2010. His current sentence is 121 months.

7th Circuit orders judge to reconsider sentence

January 8, 2014

The 7th Circuit Court of Appeals ordered a limited remand in a drug case Tuesday after finding the lower court should have sentenced the defendant based on the Fair Sentencing Act of 2010, which took effect after his crimes were committed but before he was sentenced.

Dickson State of Judiciary set

January 8, 2014

Indiana Chief Justice Brent Dickson will deliver his second State of the Judiciary address to the General Assembly next week.

Small law firm acquisitions drive record year in mergers

January 8, 2014

Law firm combinations were up 47 percent in 2013, which is the highest number of combinations recorded in the seven years that Altman Weil MergerLine has been compiling data, the organization announced Wednesday.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • State judiciary is considering alternative exam for bar admission

  • Birth certificate changes for seven transgender Hoosiers are in limbo

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