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Opinions Sept. 3, 2013 ILD

Indiana Court of Appeals
Kem Duerson v. State of Indiana (NFP)
82A01-1301-CR-23
Criminal. Affirms conviction of Class A felony dealing in cocaine and adjudication as a habitual offender.

Yulanda C. Petty v. John T. Petty (NFP)
71A03-1301-DR-11
Domestic relation. Affirms in part, reverses in part and remands a trial court order in favor of John Petty. Remands for a hearing to determine the balance in a trust account and a corresponding recalculation of Yulanda Petty’s share of support for a daughter’s college expenses.

Ruben Mancillas, Jr. v. State of Indiana (NFP)
55A04-1208-CR-444
Criminal. Affirms aggregate sentence of seven-and-a-half years for conviction of Class D felony resisting law enforcement with a motor vehicle, misdemeanor counts of failure to stop at an accident resulting in damage to a vehicle and operating a vehicle while intoxicated enhanced by a habitual offender finding.

Dwight McPherson v. State of Indiana (NFP)
48A05-1302-CR-64
Criminal. Remands to the trial court for proceedings, finding error in imposing a $200 public defender fee and in leaving a determination of restitution for the probation department.

Guy Ivester v. State of Indiana (NFP)
33A04-1209-PC-491
Post conviction. Affirms denial of post-conviction relief from 18-year executed sentence for conviction of Class A felony dealing in a Schedule II controlled substance.

In the Matter of the Termination of the Parent-Child Relationship of E.M., L.M., & G.M., and S.M. (Mother) v. The Indiana Department of Child Services (NFP)
29A02-1301-JT-89
Juvenile. Affirms termination of parental rights.

Robert J. Winings v. State of Indiana (NFP)
20A03-1301-PC-26
Post conviction. Affirms denial of post-conviction relief from 40-year executed sentence for convictions of Class A felony dealing methamphetamine within 1,000 feet of a school and Class B felony dealing methamphetamine.

Robert Small v. State of Indiana (NFP)
48A04-1301-CR-38
Criminal. Affirms revocation of probation.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.

 

Opinions Sept. 3, 2013

7th Circuit Court of Appeals
USA v. Farshad Ghiassi
12-3596
Criminal. Affirms 70-month sentence for Ghiassi’s guilty plea to being a felon in possession of a firearm, in violation of 18 U.S. Code 922(g)(1). Finds the District Court was uniquely and well-situated to assess the credibility of Ghiassi’s co-defendant and her statements that she purchased eight firearms on his behalf. Also rejects Ghiassi’s alternative argument that the District Court deprived him of due process. Rules Ghiassi knew the court was going to rely on his co-defendant’s statements and he had opportunity to challenge those statements.

Appeals court finds IU med student properly dismissed

A third-year student at Indiana University School of Medicine kicked out after the university concluded he cheated on an exam lost his appeal of the trial court’s summary judgment in favor of the university.

Heavily redacted report cannot hide behind business-judgment rule

Although a report produced by a special litigation committee contains privileged information, the plaintiffs must be allowed full access to the unredacted version in order to determine if the investigation was extensive and conduced in good faith.

ITLA to give $30,000 Conour donation to restitution fund

A $30,000 donation that convicted former attorney William Conour made four years ago to the Indiana Trial Lawyers Association will be given to a federal court fund to provide restitution to his fraud victims.

Opinions Aug. 30, 2013 ILD

Indiana Court of Appeals
Bianca Mosley v. State of Indiana (NFP)
82A01-1301-CR-6
Criminal. Affirms trial court order that Mosley pay $195 in restitution.
 
In Re: Matter of L.R. v. State of Indiana (NFP)
49A05-1301-JV-25
Juvenile. Affirms delinquency adjudication for an act that would constitute Class D felony theft if committed by an adult.

Curtis Ray Brock v. State of Indiana (NFP)
87A05-1303-CR-121
Criminal. Affirms one-year and 180-day sentence for convictions of Class A misdemeanor battery and Class B misdemeanor battery.

Gary Napers v. State of Indiana (NFP)
48A02-1302-CR-147
Criminal. Affirms six-year executed sentence for conviction of Class D felony receiving stolen property and finding of habitual offender. Reverses order on costs and fees and remands for a determination of ability to pay and date of first installment.

Darrell Spillers v. State of Indiana (NFP)
84A01-1302-CR-70
Criminal. Affirms revocation of probation for conviction of Class C felony robbery and Class D felony intimidation.

William Temple v. State of Indiana (NFP)
49A02-1210-PC-895
Post conviction. Affirms denial of post-conviction relief from a Class D felony conviction of failure to register as a sex offender and habitual offender enhancement.

In Re The Involuntary Termination of the Parent-Child Relationship of E.M., G.M., and L.M.: B.M. v. The Indiana Department of Child Services (NFP)
29A02-1301-JT-64
Juvenile. Affirms modification of child support.

Anthony Eugene Winder v. State of Indiana (NFP)
02A03-1212-CR-539
Criminal. Affirms in part, reverses in part and remands a conviction and 50-year sentence for two counts of Class A felony robbery resulting in serious bodily injury and attempted robbery enhanced by a habitual offender finding. Orders attempted robbery conviction reduced to a Class C felony and sentence entered accordingly.

Lloyd Kirk v. State of Indiana (NFP)
49A05-1302-CR-66
Criminal. Affirms in part and reverses in part convictions for Class A felony rape and Class C felony battery. Vacates felony battery conviction as double-jeopardy.

In Re The Marriage of Kathryn Y. Huffer and Charles C. Dorton, Kathryn Y. Huffer v. Charles C. Dorton (NFP)
32A01-1212-DR-583
Domestic relation. Affirms modification of child support. 

Henry L. Newton v. State of Indiana (NFP)
82A05-1301-CR-22
Criminal. Affirms in part, reverses in part and remands convictions of Class A felony burglary, Class B felony robbery, Class D felony theft and habitual offender finding. The robbery conviction is ordered and sentence is reduced to a Class C felony, but the aggregate 65-year sentence stands because the lesser sentences were ordered served concurrently.

Joseph A. Taylor v. State of Indiana (NFP)
22A01-1302-CR-64
Criminal. Remands to the trial court a denial of motion for relief from judgment and orders the matter dismissed as it is barred by the doctrine of res judicata.

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 Aug. 30, 2013

Indiana Court of Appeals
Joshua Gomillia v. State of Indiana
49A02-1301-CR-77
Criminal. Affirms 45-year sentence with 40 years executed for convictions of Class A felony criminal deviate conduct and Class B felony robbery, holding that the trial court did not abuse its discretion in sentencing when it referenced the victim’s strength and support system. The court also held that to the extent that an element of the crime was considered an aggravator, it is no longer improper double enhancement in light of the sentencing scheme adopted after Pedraza v. State, 887 N.E.2d 77, 80 (Ind. 2008).

ACLU suit targets Evansville schools’ service-dog restrictions

Evansville public schools’ restrictive policy on service dogs is a violation of the Americans with Disabilities Act, the ACLU of Indiana contends in a federal lawsuit filed on behalf of two high-schoolers whose medical conditions require the animals.

Lake bar groups join to help child cancer patient

Lake County-area bar associations and attorneys across northwest Indiana will team up over the Labor Day weekend to help prepare the room where a 5-year-old girl undergoing cancer treatment will recover upon returning home to St. John, Ind.

Southern District Bankruptcy Court amends rules

New rules in the U.S. Bankruptcy Court for the Southern District of Indiana regarding wage assignment orders in Chapter 13 cases and additional requirements for electronic filing will be effective Sept. 23, according to an order posted Thursday.

Opinions Aug. 29, 2013 ILD

Indiana Court of Appeals
Troy A. Schnitz v. State of Indiana (NFP)
35A02-1212-CR-965
Criminal. Vacates conviction of Class B felony neglect of a dependent but affirms aggregate sentence of 47 years with three years suspended on conviction of three counts of Class B felony battery resulting in serious bodily injury and one count of Class D felony battery.

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

 

Opinions Aug. 29, 2013

Indiana Court of Appeals
In the Matter of the Trust of Dorothy Rhoades; Robert Kutchinski and Shelia Graves, f/k/a Shelia Kutchinski v. Joseph Strazzante and Monty Strazzante, Co-Trustees
45A03-1206-TR-296
Trust. Reverses and remands trial court order granting summary judgment in favor of Joseph and Monty Strazzante, holding that it was inappropriate because there are genuine issues of material fact regarding Dorothy Rhoades’ capacity to amend provisions of a trust days before she died and as to whether she was unduly influenced.