State courts to adopt e-filing in 2015
Indiana courts will switch to electronic filing beginning next year, according to an order issued Thursday by the Indiana Supreme Court.
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Opinions May 21, 2014 ILD
Indiana Court of Appeals
Jeremy Lyn Davis v. State of Indiana (NFP)
48A02-1307-CR-670
Criminal. Affirms seven-year sentence for Class C felony battery by means of a deadly weapon.
Brice L. Webb v. State of Indiana (NFP)
71A05-1305-CR-263
Criminal. Affirms murder conviction.
Brandan L. Martin v. State of Indiana (NFP)
52A02-1311-CR-966
Criminal. Affirms four-year sentence for Class D felony possession of marijuana and Class A misdemeanor battery.
Tina Cox v. State of Indiana (NFP)
49A04-1309-CR-447
Criminal. Affirms conviction of Class D felony possession of methamphetamine.
In the Matter of: J.J., F.J., J.O., & C.O., Minor Children, and M.O., Mother v. The Indiana Department of Child Services (NFP)
06A01-1310-JC-479
Juvenile. Affirms determination that the four children are children in need of services.
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 May 21, 2014
Indiana Court of Appeals
Jacob Herron v. State of Indiana
56A03-1306-CR-210
Criminal. Reverses convictions of Class B felony burglary and Class D felony receiving stolen property. The jury may have relied on the impeachment evidence as substantive evidence in this case. Remands for retrial, if the state chooses. Judge Riley dissents in part, finding enough circumstantial evidence to convict Herron.
Judges reverse convictions based on use of witness’s statement
Because the state called a witness solely to impeach her with a pretrial statement, and the jury may have relied on the witness’s testimony to convict the defendant, a majority on the Indiana Court of Appeals reversed burglary and receiving stolen property convictions.
Camm defense attorneys to discuss forensic evidence
Richard Kammen and Stacy Uliana, who defended David Camm against charges of murdering his wife and two children, will join the former state trooper at Indiana University Robert H. McKinney School of Law Friday to discuss the role of forensic evidence in his case.
Lucas Oil vendor not entitled to summary judgment in dram shop case
It should be up to the trial court or a jury to determine whether a vendor in Lucas Oil Stadium in Indianapolis should be held responsible for serving alcohol to a man who later hit two children while driving home after a game.
COA: Court should not have imposed 2-mile ban as part of probation
The Indiana Court of Appeals found a trial court abused its discretion when it originally imposed a probation condition prohibiting a man from going within two miles of where he committed battery against a stranger.
Opinions May 20, 2014 ILD
Indiana Court of Appeals
Tamara Critser v. Chad L. Critser, Jr. (NFP)
40A01-1308-DR-369
Domestic relation. Affirms trial court order granting father Chad L. Critser Jr.’s petition for modification of custody and trial court order denying mother’s petition to relocate.
In Re: Nancy J. McMillen Testamentary Trust, Donna M. McMillen v. Thomas Kane (NFP)
71A03-1308-TR-334
Trust. Affirms trial court denial of Donna McMillen’s petition to remove Thomas Kane as a trustee of a testamentary trust.
Mark Blackburn v. State of Indiana (NFP)
49A02-1310-CR-833
Criminal. Affirms conviction of Class B felony robbery.
Robert Beeler v. State of Indiana (NFP)
49A02-1310-CR-845
Criminal. Affirms conviction of Class A felony attempted murder.
Clifton Brooks v. State of Indiana (NFP)
30A05-1306-CR-299
Criminal. Affirms conviction of Class C felony operating a motor vehicle while suspended for life.
Courtney Smith v. State of Indiana (NFP)
49A04-1310-CR-500
Criminal. Affirms conviction and 60-year sentence for murder.
In re the Paternity of J.W.: A.P. (Mother) v. A.W. (Father) (NFP)
89A01-1312-JP-549
Juvenile. Reverses trial court denial of mother’s motion for relocation. Remands to the trial court for further proceedings to determine whether relocation is in the child’s best interest, finding that mother met her burden to show a good faith and legitimate reason for relocating from Richmond to New York.
Zackery Reahard v. State of Indiana (NFP)
85A02-1311-CR-1005
Criminal. Affirms convictions and aggregate 44-year sentence for conviction of Class A felony child molesting, Class B felony child molesting, Class B felony sexual misconduct with a minor, Class C felony child molesting, and Class D felony sexual misconduct with a minor.
Pritika Patel, Kala Patel v. Bhupen Ray, Amy Ray, Indiana Hospitality Real Estate & Management, LLC (NFP)
53A01-1311-PL-494
Civil plenary. Affirms trial court rulings and declines to enter judgment in favor or Pritika Patel on her wage claim or for unjust enrichment.
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 Tuesday.
Opinions May 20, 2014
Indiana Court of Appeals
In the Matter of the Adoption of J.M.: J.P. and J.M. v. R.H. and R.H.
82A01-1309-AD-404
Adoption. Affirms trial court’s judgment that the natural parents’ consent was not necessary in the adoption of their child, J.M. Concludes the trial court did not err when it held a consent hearing which essentially terminated the rights of the natural parents. Also finds the trial court did consider the best interests of the child and that the trial court did not need to consider the natural parents’ fitness at the time of the consent hearing and again at the adoption hearing.
CLEO interns assigned to Court of Appeals, Tax Court
Eight students from three law schools have been selected for summer internships with judges of the Indiana Court of Appeals and Tax Court through the 2014 Carr L. Darden Conference for Legal Education Opportunity internship program.
New class ceremonially admitted to Indiana bar
A ceremony at the Indiana Roof Ballroom in Indianapolis marked the admission of 160 new attorneys to the practice of law Tuesday.
COA rules natural parents’ consent unnecessary in adoption
Once a trial court found a child’s natural parents to be unfit, the court did not need to revisit that finding at an adoption hearing, the Indiana Court of Appeals has ruled.
IndyBar: Apply Now for Bar Leader Series Class XII
Ready to become a leader in your profession and your community? Applications are now being accepted for the 2014-2015 Bar Leader Series, the IndyBar’s leadership development program for young attorneys.
IndyBar: The IBF is in full swing for spring
The IBF recently awarded three academic scholarships to assist students during their law school career.
Around the IndyBar
Attorneys, judges and students gathered for the bar’s annual “Take a Law Student to Lunch” event Thursday, May 15 at the Hilton Indianapolis.
IndyBar: Belfast, 1972, The Troubles and the Confrontation Clause
James Bell writes, “After stops in Ontario, Baltimore and Pennsylvania, I was raised in Alabama and later moved to Indiana where I became a United States citizen. Had I grown up in Northern Ireland, things may have been different for me.”
IndyBar: Young Lawyers Make Their Mark in Fountain Square
The YLD played a significant role in this year’s cleanup, donating $500 toward supplies used in painting a 4,500 square-foot mural in the Fountain Square neighborhood.
Indiana Court Decisions – April 30 to May 13, 2014
Read recent appellate decisions from Indiana courts.