Time spent in federal custody does not interfere with right to speedy trial
A defendant’s repeated incarcerations in other jurisdictions did not interfere with his right to a speedy trial in Indiana.
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Burglary, criminal mischief sentences double jeopardy, split COA rules
A man ordered to serve 18 years in prison will be resentenced after an Indiana Court of Appeals panel ruled Friday that his convictions of Class C felony burglary and Class A misdemeanor criminal mischief constituted double jeopardy.
Indiana law firms named among best for women
Three law firms based in Indiana or with offices in the state are among the 50 Best Law Firms for Women in the annual list compiled by Working Mother and consulting firm Flex-Time Lawyers LLC.
Opinions Aug. 8, 2013 ILD
Indiana Court of Appeals
Jeffrey G. Tourney v. State of Indiana (NFP)
02A03-1211-CR-503
Criminal. Affirms three-year executed sentence for conviction of two counts of class D felony criminal mischief, and found counts of Class A misdemeanor cruelty to an animal.
Mickey L. Whitlock v. State of Indiana (NFP)
79A02-1210-CR-850
Criminal. Affirms denial of modification of a 36-year executed sentence on a conviction of Class A felony burglarly resulting in bodily injury.
Reginald D. Baker v. State of Indiana (NFP)
02A05-1301-CR-32
Criminal. Affirms three-year aggregate sentence for conviction of Class D felony counts of domestic battery and strangulation.
Timothy R. Thacker v. State of Indiana (NFP)
20A03-1212-CR-558
Criminal. Affirms in part, reverses in part and remands, ordering the court to vacate one of two convictions and sentences for Class D felony theft and receiving stolen property, holding the that the convictions violate the principles of double jeopardy.
Anthony J. Gipson v. State of Indiana (NFP)
46A04-1304-CR-154
Criminal. Reverses and remands denial of a petition for credit time not previously awarded by the Department of Correction for educational credits and orders further proceedings.
Tamera Richards v. State of Indiana (NFP)
79A02-1301-CR-38
Criminal. Affirms 25-year sentence for conviction of Class B felony causing death while operating a motor vehicle with a schedule I or II controlled substance in the body, which was enhanced for being a habitual substance offender.
Jeffrey Alan Davis v. State of Indiana (NFP)
83A01-1301-CR-44
Criminal. Affirms on interlocutory appeal denial of motion to suppress evidence in a search of his residence that led to charges of manufacturing and dealing methamphetamine.
Kenneth Frye v. State of Indiana (NFP)
89A05-1211-CR-577
Criminal. Affirms 55-year sentence for conviction of murder.
Zachariah Brownie v. State of Indiana (NFP)
49A04-1301-CR-3
Criminal. Affirms revocation of probation on a conviction of Class D felony criminal confinement.
Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Aug. 8, 2013
Indiana Supreme Court
Mary Alice Manley, and Gary Manley v. Ryan J. Sherer, M.D., and Sherer Family Medicine, P.C.
59S01-1205-PL-249
Civil plenary/medical malpractice. Reverses grant of summary judgment in favor of defendants and remands for further proceedings, finding issues of material facts exist as to when plaintiffs knew of alleged malpractice or learned of the facts that should lead to the discovery of malpractice and resulting injury. Summary judgment should have been denied as to the defendants’ claim of absence of an element of causation necessary to establish liability.
Single sewer lien not enough to bring foreclosure
Despite liens against their respective properties, two homeowners will be able to keep their properties out of the county tax sale.
McKinney student to take final tee shot to end 2,900-mile journey
After 96 days of whacking a golf ball, Luke Bielawski will hit a final shot into the Atlantic Ocean Saturday.
Judge: Conour to stay behind bars before sentencing
Former attorney William Conour will remain jailed pending his sentencing in a little more than two months, a federal judge has ruled.
Justices revive malpractice suit alleging doctor’s failure to warn patient not to drive
A medical malpractice suit arising from a debilitating head-on automobile crash should not have been disposed of through summary judgment in favor of the doctor, the Indiana Supreme Court ruled Thursday. Justices reversed the order and sent the case back to the trial court.
Opinions Aug. 7, 2013 ILD
Indiana Court of Appeals
Centurion Federal Credit Union v. Michael Trible (NFP)
82A01-1210-PL-482
Civil plenary. Affirms trial court award of damages to Trible. Finds the trial court did not err in its holdings or in computing damages and that Trible did not fail to mitigate damages.
Dominique L. White v. State of Indiana (NFP)
02A03-1212-CR-541
Criminal. Affirms sentence of 365 days after White pleaded guilty to operating a vehicle while intoxicated as a Class A misdemeanor.
Dominique L. White v. State of Indiana (NFP)
02A05-1212-CR-651
Criminal. Affirms aggregate sentence of four years after White pleaded guilty to four counts of neglect of a dependent, each as a Class D felony; one count of operating a vehicle while intoxicated, as a Class D felony; and one count of driving while suspended, as a Class A misdemeanor.
Dale R. Davidson v. State of Indiana (NFP)
82A01-1302-CR-56
Criminal. Remands for clarification of the sentence imposed on Davidson. Agrees with the state that it is not possible to ascertain what sentence was imposed upon Davidson for his convictions of residential entry, a Class D felony; and three Class A misdemeanors of battery, invasion of privacy and interference with reporting of a crime.
In the Matter of the Involuntary Term. of the Parent-Child Rel. of J.M., Minor child, and J.M. and Z.W. v. Indiana Dept. of Child Services (NFP)
20A03-1301-JT-19
Juvenile. Affirms the involuntary termination of the parental rights of J.M. (mother) and Z.W. (father).
Carlos Ramos v. State of Indiana (NFP)
49A02-1211-CR-949
Criminal. Affirms conviction of Class C felony sexual misconduct with a minor. Finds the evidence presented was sufficient to establish that Ramos understood his right to a trial by jury but preferred to proceed with a bench trial.
John Jorman, Jr., v. State of Indiana (NFP)
49A04-1203-PC-163
Post conviction. Affirms denial of Jorman’s petition for post-conviction relief.
Daniel Aguilar, III v. State of Indiana (NFP)
64A05-1212-CR-665
Criminal. Affirms conviction of two counts of Class C felony child molesting. However, finds the trial court did not specify in the record the conditions of Aguilar’s probation, remands this case to the trial court so that it can specify in the record the terms of his probation.
Cody Steele v. State of Indiana (NFP)
49A05-1301-CR-14
Criminal. Affirms two-year sentence for escape, as a Class D felony, which was enhanced by one and one-half years due to Steele’s status as a habitual offender.
Shirley Jones v. State of Indiana (NFP)
49A05-1301-CR-4
Criminal. Affirms conviction of battery as a Class A misdemeanor. Concludes that the incredible dubiosity rule is inapplicable and that Jones’s conviction is supported by sufficient evidence.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
Opinions Aug. 7, 2013
Indiana Court of Appeals
Westminster Presbyterian Church of Muncie, an Indiana Non-Profit Corporation v. Yonghong Cheng and Hongjun Niu, Husband and Wife, as parents of Matthew Cheng, deceased
18A02-1210-CT-791
Civil tort. Affirms summary judgment in favor of Westminster in regard to an intentional infliction of emotional distress claim. Reverses denial of summary judgment on wrongful death and invasion-of-privacy claims and remands with instructions to grant summary judgment in favor of Westminster. Finds although the church recommended the babysitter, in whose care Matthew Cheng died, it did not owe a duty to the Cheng family as a matter of law. Also, rules the church’s publicizing the death did not invade on the Chengs’ privacy because the church did not reap any commercial value from doing so.
Dispute over Uptown Business Center in SoBro gets messier
A months-long court feud over a retail building at the southwest corner of 49th Street and College Avenue in Indianapolis has become even more heated now that the owner has sought bankruptcy in an attempt to delay foreclosure on the structure.
Judge tosses one of two stent patent suits against Cook Medical
A federal judge Wednesday dismissed a patent dispute case against Cook Medical Inc. of Bloomington, but a Texas corporation continues to press its claim that the device maker infringed its patents on blood vessel stents and grafts.
Muncie church did not invade on grieving couple’s privacy
A church that issued a press release and held a press conference following the sudden death of a baby boy was found to not have interfered with the parents’ reasonable expectation of solitude and seclusion.
Holiday World family takes dispute to Court of Appeals
An agreement meant to keep a popular amusement park in the family has sparked a bitter dispute that has reached the Indiana Court of Appeals.
Opinions Aug. 6, 2013 ILD
Indiana Court of Appeals
Indiana-American Water Company, Inc. v. Indiana Office of Utility Consumer Counselor, City of Crown Point, Indiana (NFP)
93A02-1301-EX-17
Agency action. Affirms the Indiana Utility Regulatory Commission’s denial of a request to include the costs of an accelerated automated meter-reading replacement program in its distribution system improvement charge.
Marcus L. Wilson v. State of Indiana (NFP)
20A03-1212-CR-557
Criminal. Affirms conviction of Class D felony domestic battery.
In the Matter of the Guardianship of: M.A.M.J., a minor; Diana Sullivan v. Katherine Ashley Oliver (NFP)
29A02-1208-GU-664
Guardianship. Affirms trial court order appointing K.O. as permanent guardian of M.J.’s person and estate.
Lamar Allen Colley v. State of Indiana (NFP)
71A05-1302-CR-89
Criminal. Affirms convictions of Class A misdemeanor battery and interference with reporting a crime.
Travis Cunningham v. State of Indiana (NFP)
09A02-1302-CR-209
Criminal. Affirms conviction of Class A misdemeanor battery and contempt of court.
Cody Hoffman v. State of Indiana (NFP)
78A05-1212-CR-655
Criminal. Affirms sentence on convictions on two counts of Class C felony burglary.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Tuesday. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Tuesday.
Opinions Aug. 6, 2013
Indiana Court of Appeals
Robert E. Redington v. State of Indiana
53A01-1210-CR-461
Criminal/firearm seizure. Affirms a trial court order approving the seizure of firearms from a person determined to be dangerous under I.C. 35-47-14-1. The majority concluded that evidence of probative value exists from which the court could have determined by clear and convincing evidence that Redington was dangerous as defined by Ind. Code § 35-47-14-1(a)(2)(B), and accordingly it was within its discretion to order the Bloomington Police Department to retain Redington’s firearms pursuant to Ind. Code § 35-47-14-6(b). Dissenting Judge Patricia Riley would reverse the trial court, holding that Redington was not properly found dangerous under the statute.
Seizure of guns upheld for ‘dangerous’ man who stalked Spierer site
A man who behaved erratically, told far-fetched stories of seeing missing Indiana University student Lauren Spierer, and scoped out the place she was last seen alarmed Bloomington police enough that authorities took from him and his Indianapolis home 51 guns and ammunition.
Dismissal, jury verdict for Alcoa in cancer suit stand on appeal
A couple who sued an aluminum manufacturer and claimed their exposure to toxic chemicals led to the husband’s rare form of liver cancer lost their appeal Tuesday.
Shepard task force paper cites ‘deeply flawed’ legal ed funding system
Former Indiana Chief Justice Randall T. Shepard’s task force looking at the future of legal education financing sees a “deeply flawed” system, according to a working paper presented at this week’s annual meeting of the American Bar Association in San Francisco.