Lessor entitled to judgment that oil and gas lease expired
Partial summary judgment for the lessor was affirmed Wednesday by the Indiana Court of Appeals in a contract dispute involving an oil and gas lease of land in Sullivan County.
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SCOTUS upholds EPA rule on cross-state pollution
The Supreme Court of the United States in a 6-2 ruling Tuesday backed federally imposed limits on smokestack emissions that cross state lines and burden downwind areas with bad air from power plants they can't control. The IBJ has more on the major anti-pollution ruling.
Justices clarify jury taint, mistrial standards
Because the Indiana Court of Appeals cited three different mistrial standards in a man’s appeal of the denial of his motion for a mistrial, the Indiana Supreme Court took his case to clarify its precedent for trial courts to use to determine whether a mistrial is a cure for a jury taint.
7th Circuit finds 5-year-old information not ‘stale’
The 7th Circuit Court of Appeals declined a defendant’s request to find the information used to execute a search warrant of his computer for child pornography stale because more time had passed in his case as compared to previous cases ruled on by the Circuit Court.
Opinions April 29, 2014 ILD
Indiana Court of Appeals
Damon L. Wallace v. Audra C. Wallace (NFP)
29A05-1308-DR-421
Domestic relation. Affirms order requiring Damon Wallace pay child support and arrearage.
Ronald A. Manley v. State of Indiana (NFP)
29A05-1306-CR-306
Criminal. Dismisses appeal of the denial of the pro se motion for modification of sentence.
In re the Adoption of E.M., a minor, R.G. v. R.M. (NFP)
45A04-1309-AD-438
Adoption. Affirms denial of stepfather’s petition to adopt E.M.
In the Matter of the Termination of the Parent-Child Relationship of C.W., minor child, and L.W., Mother, L.W. v. Indiana Department of Child Services (NFP)
79A04-1310-JT-510
Juvenile. Affirms the termination of parental rights.
Mark D. Webb v. State of Indiana (NFP)
03A01-1308-CR-349
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
In the Matter of the Termination of the Parent-Child Relationship of: N.H., A.I-H and P.I-H., Minor Children, A.I-H., Father v. Indiana Department of Child Services (NFP)
79A02-1310-JT-901
Juvenile. Affirms termination of parental rights.
Calumet Township Trustee v. Edward R. Hall (NFP)
45A03-1305-CC-197
Civil collection. Affirms summary judgment in favor of Hall on his mandamus action seeking to order the trustee to pay Hall for the work he performed as an attorney for the Calumet Township Advisory Board. Remands for a determination of reasonable attorney fees for Hall in both the prosecution of the mandamus and this appeal.
William P. Montgomery v. State of Indiana (NFP)
18A02-1309-CR-825
Criminal. Affirms two convictions of Class A felony dealing in methamphetamine and one conviction of Class B felony dealing in meth.
Willie Johnson v. State of Indiana (NFP)
49A02-1308-CR-726
Criminal. Affirms revocation of placement in community corrections and probation.
In re the Marriage of Laura Hyatt v. Charles Hyatt (NFP)
87A04-1309-DR-454
Domestic relation. Affirms denial of Laura Hyatt’s petition for visitation modification and finding her to be in contempt.
In the Matter of the Termination of the Parent-Child Relationship of: P.C., J.W., and K.W., Minor Children, S.C., Mother v. Indiana Department of Child Services (NFP)
42A01-1307-JT-319
Juvenile. Affirms termination of parental rights.
Derrick A. Hicks v. State of Indiana (NFP)
45A03-1307-CR-265
Criminal. Affirms 70-year sentence following guilty plea to Class A felony child molesting, Class B felony incest, Class B felony sexual misconduct with a minor, and finding he is a habitual offender.
Landon Shaw v. State of Indiana (NFP)
45A04-1303-CR-100
Criminal. Dismisses appeal of Shaw’s denial of motion for jail credit and good-time allowance.
Cary Lane Lawson v. State of Indiana (NFP)
34A02-1311-CR-990
Criminal. Affirms order Lawson serve the remainder of his suspended sentence after violating probation.
In the Matter of the Termination of the Parent-Child Relationship of L.W., J.W., M.T., L.P., C.L.Q., and C.Q. minor children, and L.W., Mother, L.W. v. Indiana Department of Child Services (NFP)
79A02-1308-JT-721
Juvenile. Affirms termination of parental rights.
Warren D. Bowen v. State of Indiana (NFP)
16A05-1309-CR-456
Criminal. Affirms denial of motion to suppress evidence.
In the Matter of the Termination of Parent-Child Relationship of Mi.S. & M.W. (Minor Children), and M.S. (Mother) v. The Indiana Department of Child Services (NFP)
49A05-1306-JT-282
Juvenile. Grants mother’s petition for rehearing for the sole purpose of granting her motion to strike Footnote 4 on Page 3 of the DCS’ appellate brief and the DCS’ citation to the “Child Welfare Manual” that was not considered in the resolution of her appeal. Affirms in all other respects.
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 29, 2014
Indiana Supreme Court
In the Matter of: Karl N. Truman
10S00-1401-DI-55
Attorney discipline. Issues a public reprimand for violation of Indiana Professional Conduct Rule 5.6(a) by making an employment agreement that restricted the rights of a former associate to practice after termination of the employment relationship. The court also accepted the parties’ stipulation that Truman violated Rule 1.4(b), failure to explain a matter to the extent reasonably necessary to permit client to make informed decisions regarding representation.
Majority reverses teen’s underage drinking adjudication
The Indiana Court of Appeals wanted to make a point “loud and clear” Tuesday: Suspicion of criminal activity is not an exception to the warrant requirement. The majority reversed a teen’s adjudication as a delinquent based on acts of illegal possession of alcohol, illegal consumption of alcohol, and aiding illegal consumption of alcohol.
DNA in glove at scene sufficient to uphold burglary conviction
The Indiana Supreme Court on Tuesday reinstated a conviction vacated by the Indiana Court of Appeals. The high court unanimously affirmed a conviction of Class C felony burglary with a habitual offender enhancement, finding a glove at the crime scene with the suspect’s DNA was sufficient for a jury to determine guilt.
Man’s guilty but mentally ill conviction upheld
The Indiana Court of Appeals declined to reweigh the evidence that led to a man being found guilty but mentally ill of murder and battery. Jamal Ahmad Gore argued he should have been found not guilty by reason of insanity.
COA: No fundamental error in admitting testimony
The Indiana Court of Appeals upheld a man’s two convictions of sexual misconduct with a minor after finding that there was no fundamental error in the admittance of certain testimony at his trial.
Judges deny stepfather’s request to adopt children
A mother’s deliberate decision to thwart the attempts of her ex-husband to communicate with their two small children supports the trial court’s decision to deny her current husband’s attempt to adopt the children, the Indiana Court of Appeals concluded Tuesday.
Lawyer reprimanded for enforcing associate’s separation agreement
A Clark County attorney was reprimanded Tuesday by the Indiana Supreme Court over terms of a separation agreement he enforced against an associate who left the firm.
Fishers High School captures 4th place in national civics competition
The Fishers High School team finished fourth in the We the People national competition, continuing Indiana’s streak of having teams place in the Top 10 among the groups representing all 50 states.
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.
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.
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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.