Justices suspend David Wyser, former Brizzi deputy prosecutor
Former Marion County Deputy Prosecutor David Wyser, who pleaded guilty last year to bribery in a federal public-corruption probe, has been suspended from the practice of law.
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Opinions Feb. 26, 2014 ILD
Indiana Court of Appeals
Robert D. Stephens, Ryan Moe, Thomas Theohary, and Law Enforcement Technologies, Inc. v. Brian A. Costa and Amy Costa (NFP)
71A04-1305-CT-242
Civil tort. Affirms judgment personally against Stephens for Brian Costa’s injury. Reverses denial of Theohary’s motion for relief of judgment as the trial court did not acquire personal jurisdiction over him. Remands for further proceedings as to Theohary because he has sufficient minimum contacts with Indiana.
Jacquelyn Webster Green, as personal representative of the estate of Mary A. Webster, deceased v. Housing Authority of the City of Gary, Indiana, et al. (NFP)
45A04-1307-CT-344
Civil tort. Affirms grant of motion to dismiss in favor of the Gary Housing Authority and other defendants.
Rita Thompson v. State of Indiana (NFP)
49A02-1305-CR-454
Criminal. Affirms conviction of Class D felony resisting law enforcement and finding Thompson is a habitual offender.
Dennis Powers v. State of Indiana (NFP)
61A04-1307-CR-356
Criminal. Affirms denial of motion to correct erroneous sentence.
In the Matter of the Termination of the Parent-Child Relationship of: L.C., Minor Child, R.C., Father v. Indiana Department of Child Services (NFP)
82A01-1307-JT-297
Juvenile. Affirms termination of parental rights.
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 Feb. 26, 2014
Indiana Court of Appeals
Robin Harper v. State of Indiana
49A04-1305-CR-222
Criminal. Reverses Harper’s Class A misdemeanor resisting law enforcement conviction. Officers Gillespie and Hartman unlawfully entered Harper’s residence, therefore, the officers were not engaged in the lawful execution of their duties at the time they arrested Harper and then attempted to remove her wedding ring in preparation for booking.
Elkhart attorney suspended for ‘lack of respect’ for clients and courts
The Indiana Supreme Court has suspended an Elkhart County attorney for at least two years after finding he committed numerous violations of the Indiana Professional Rules of Conduct, including throwing away client files that contained confidential information.
Bills heading to governor’s desk
As the legislative session heads toward its March 14 close, several bills have passed both houses and are on their way to Gov. Mike Pence for his signature.
Judges decline to find OWI statute unconstitutional
The Indiana Court of Appeals rejected a man’s claim that the statute proscribing the operation of a vehicle with a Schedule I or II controlled substance violates the Equal Privileges and Immunities Clause of the Indiana Constitution.
Officer’s ‘ruse’ to enter home leads to reversal of resisting conviction
A police officer who lied to a woman in order to gain entry into her home was not lawfully engaged in the execution of his duties, the Indiana Court of Appeals ruled Wednesday, so the judges reversed a woman’s resisting law enforcement conviction.
Mom and pop store can’t proceed pro se in Coach trademark lawsuit
The owners of a southern Indiana general store accused in a federal lawsuit of selling knockoff high-end Coach-brand products may not represent pro se their incorporated general store named in the suit.
Opinions Feb.25, 2014 ILD
Indiana Court of Appeals
John R. Pugsley v. State of Indiana (NFP)
05A02-1306-CR-517
Criminal. Affirms conviction of Class D felony possession of methamphetamine and Class A misdemeanor possession of paraphernalia.
Derek A. Griffith v. State of Indiana (NFP)
89A01-1307-PC-300
Post conviction. Affirms denial of relief from convictions of Class C felony attempted burglary and finding of habitual offender.
Mark A. Petry v. State of Indiana (NFP)
63A01-1306-CR-279
Criminal. Affirms conviction of Class B felony criminal deviate conduct, Class D felony sexual battery and Class D felony criminal confinement.
James R. Willey v. State of Indiana (NFP)
06A05-1306-PC-268
Post conviction. Affirms in part and reverses in part denial of relief from convictions of felony murder and conspiracy to commit burglary, vacating a 50-year sentence on the latter charge because trial counsel failed to raise the argument that the convictions violated the prohibition against double jeopardy.
In Re the Visitation of L.W., D.W. v. G.W. and C.W. (NFP)
71A03-1308-JM-300
Juvenile. Dismisses as moot father D.W.’s appeal of a grandparent visitation order.
Angelo A. Liali v. Patsy Liali (NFP)
34A02-1307-DR-640
Affirms order denying Angelo Liali’s motion to modify college support obligation and affirms indirect contempt finding for refusal to pay.
Joshua Batchelor v. State of Indiana (NFP)
15A01-1305-CR-274
Criminal. Affirms order denying release of cash bond and money seized in a search of Batchelor’s home.
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.
Opinions Feb. 25, 2014
Indiana Court of Appeals
James Kindred, Thomas Kindred, and Sam Kindred v. Betty Townsend and Harmon Crone
60A01-1304-PL-156
Civil plenary. Dismisses interlocutory appeal as untimely. Finds the arguments the Kindreds raised in appealing the denial of their motion to dissolve were based on information that was available when the trial court granted the preliminary injunction six months prior. Still, the COA notes it has ruled only that the Kindreds forfeited their right to an interlocutory appeal by failing to timely file. The Kindreds may yet attack the trial court’s interlocutory orders on appeal from the final judgment.
Killer’s 50-year conspiracy sentence vacated as double jeopardy
The sentence of a man convicted of killing his ex-wife was reduced by 50 years Tuesday when the Indiana Court of Appeals granted in part his petition for post-conviction relief.
Proposed amendment to civil rights law stirs discrimination debate
A bill introduced to restore Indiana Wesleyan University's workforce training contract with the state quickly turned into a debate about religious discrimination. The measure, which would have amended Indiana's civil rights law to allow religious institutions doing buisness with the state to make employment decisions based in part on religious affiliation, was pulled from consideration by the full House of Representatives Monday afternoon, but not before debate over the issue erupted on Twitter. IBJ has the story.
Appeal filed beyond 30-day limit must raise new facts
In dismissing an interlocutory appeal as untimely, the Indiana Court of Appeals told the appellants they still have the ability to attack the trial court’s interlocutory orders.
IndyBar: Bar Leaders Impact Community Through Class XI Service Projects
A core aspect of the IndyBar Bar Leader Series is the development and execution of a community service team projects by series participants. This facet of the program gives participants a unique opportunity to take community engagement a step further by putting the knowledge and skills that they’ve learned in the series to practical use for the benefit of the community.
IndyBar: New Pause for Professionalism Video Available
In the newest installment of the IndyBar Professionalism Committee’s Pause for Professionalism video series, Marion County Deputy Prosecutor Kathy Infanger explains the purpose and role of the Marion County Community Court.
IndyBar: Practice-Area Specific Bill Watch Postings Available
Save time and find the legislation that matters to you and your practice. The IndyBar’s weekly Bill Watch reports are now being broken down into practice-area specific posts that highlight the pending bills of particular concern to different sections within the bar.
Abrams: Compliments are Easy to Accept
One thing that we constantly hear from other organizations is how forward thinking and progressive the IndyBar is compared to other bar associations in the country. We received requests from other bar execs for their officers to spend time with us and “pick our brains” on how to successfully manage and operate a bar association.
IndyBar: Nod to Professionalism
The Indianapolis Bar Association’s Standing Committee on Professionalism is pleased to acknowledge the professionalism and civility of Katherine Flood of Flood Family Law LLC and Tricia Milanese of Milanese Law LLC.
Indianapolis Bar Association Clarifies Position on Proposed Criminal Justice Complex Location
The Indianapolis Bar Association continues to support efforts to explore all opportunities to create a safe, adequate and dignified justice center for Marion County.