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.
Opinions April 24, 2014
Indiana Court of Appeals
Donnetta Newell v. State of Indiana
49A02-1309-CR-744
Criminal. Affirms Class A misdemeanor intimidation conviction. The trial court did not abuse its discretion in admitting evidence of the incident that led to Newell’s eviction and there is sufficient evidence for the finder of fact to conclude that Newell knew her statement to a security guard would be transmitted to the subject of her threat.
COA reissues expungement opinion
The Indiana Court of Appeals reissued its decision finding the trial court should have granted a man’s petition for expungement. The court originally handed down the opinion in Taylor v. State, 45A03-1310-CR-406, April 17.
Woman’s conviction for threatening apartment manager upheld
The Indiana Court of Appeals upheld a woman’s intimidation conviction Thursday, finding the evidence supports the charge that she threatened the manager of the apartment complex where she lived.
Court upholds man’s molestation convictions
Finding no juror misconduct or any fundamental error in the admission of certain testimony during a man’s trial for molesting his daughter, the Indiana Court of Appeals upheld his multiple molestation convictions. He will also have to file a petition for post-conviction relief to challenge his habitual offender adjudication.
ABA: Lawyers should not contact jurors through social media
Attorneys can look at a juror’s public Facebook page but shouldn’t message the juror through the Internet or social media and try to access a private account, according to a formal opinion released Thursday by the American Bar Association.
Justice Department outlines new clemency initiative
The U.S. Department of Justice Wednesday announced its initiative to encourage qualified federal inmates to petition to have their sentences commuted or reduced by the president of the United States.
Opinions April 23, 2014 ILD
Indiana Court of Appeals
Dustin E. McCowan v. State of Indiana (NFP)
64A03-1305-CR-189
Criminal. Affirms felony murder conviction.
Timothy Robertson v. State of Indiana (NFP)
27A02-1307-PC-646
Post conviction. Affirms denial of petition for post-conviction relief.
Vincent Smith v. State of Indiana (NFP)
49A04-1309-CR-443
Criminal. Affirms conviction of Class D felony criminal recklessness.
Nicole Snodgrass v. State of Indiana (NFP)
83A01-1308-CR-370
Criminal. Affirms sentence for two counts of Class B felony dealing in a Schedule II controlled substance and three counts of Class D felony theft.
Dalvinder Singh v. State of Indiana (NFP)
49A05-1306-CR-313
Criminal. Affirms conviction of Class D felony sexual battery.
Nestor Canenguez-Ramirez v. State of Indiana (NFP)
20A04-1307-PC-371
Post conviction. Affirms denial of petition for post-conviction relief.
Raymond Cantu v. State of Indiana (NFP)
20A03-1301-CR-8
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting and Class A felony attempted child molesting.
Joseph Pennington v. State of Indiana (NFP)
05A02-1309-CR-823
Criminal. Affirms sentence for Class B felony sexual misconduct with a minor.
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 23, 2014
Indiana Court of Appeals
Matthew P. Wilhoite v. State of Indiana
34A04-1303-CR-138
Criminal. Affirms conviction of Class B felony “conspiracy to commit attempted armed robbery.” Wilhoite argued his conviction is invalid because a person may not be convicted of “conspiring to attempt” any crime. Although the state referenced a non-existent crime when it listed “conspiracy to commit attempted robbery” on the charging information as the crime committed, Wilhoite has not demonstrated fundamental error.
Judges uphold man’s conspiracy conviction
Although the state charged a man with the non-existent crime of “conspiracy to commit attempted armed robbery,” the record shows Matthew Wilhoite was actually convicted of conspiring to commit armed robbery. As such, the Indiana Court of Appeals rejected his claim he was convicted of a crime that doesn’t exist.