Policy change means ILAS will have to raise more funds
A change in policy from its largest contributor is pushing Indianapolis Legal Aid Society to introduce itself to a wider audience.
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Judge advocates expanding Gideon to provide lawyers in non-criminal cases
While some legal scholars lament the deterioration of Gideon v. Wainwright 50 years after the landmark Supreme Court of the United States decision, Marion Superior Judge David Dreyer is calling for an expansion of the principle to include civil litigants.
Brizzi hit with another legal malpractice suit
Defrocked Secretary of State Charlie White has sued Carl Brizzi, the former Marion County prosecutor who represented White during a criminal case that led to his removal from office. White’s lawsuit makes a claim of legal malpractice.
Forum on state’s new expungement law scheduled for Aug. 7
To address the confusion that has been growing since the state’s new expungement law took effect, a group of state and local lawmakers from Marion County have scheduled a public forum and panel discussion to answer questions about removing old criminal offenses from individual records.
7th Circuit seeks comment on pattern jury instructions
The 7th Circuit Court of Appeals Committee on Federal Jury Instructions is seeking comments on an ongoing basis on existing pattern jury instructions as well as suggestions for new pattern instructions.
ABA to welcome new president, discuss possible new policy at annual meeting
The American Bar Association will consider a range of policy topics including technology privacy, “gay panic” defense and judicial disqualification during its 2013 annual meeting in San Francisco.
opinions July 29, 2013 ILD
Indiana Court of Appeals
Robert L. Murray v. State of Indiana (NFP)
45A05-1205-PC-274
Post conviction. Affirms COA’s memorandum decision. Grants Murray’s petition for a rehearing to address the two omitted issues regarding false testimony. Concludes the testimony was not false and the court’s omitted reference to Murray’s final motion to amend his petition is immaterial and, therefore, not a basis for relief.
Jay B. Stokes v. State of Indiana (NFP)
43A03-1302-CR-45
Criminal. Affirms in part, reverses in part and remands for further proceedings the judgment of the trial court. Concludes the lower court acted within its discretion in imposing an aggregate term of 50 years but that it abused its discretion in merging Stokes’ Class B felony unlawful possession of a firearm by a serious offender conviction into the habitual offender determination. In a dissent, Judge Patricia Riley concludes the trial court abused its discretion in increasing Stokes’ habitual offender enhancement from 20 years to 30 years.
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 July 29, 2013
Indiana Court of Appeals
Robert L. Murray v. State of Indiana (NFP)
45A05-1205-PC-274
Post conviction. Affirms COA’s memorandum decision. Grants Murray’s petition for a rehearing to address the two omitted issues regarding false testimony. Concludes the testimony was not false and the court’s omitted reference to Murray’s final motion to amend his petition is immaterial and, therefore, not a basis for relief.
Judge issues gag order in Bei Bei Shuai case
The judge in the case of a woman charged with murder and attempted feticide in the death of her newborn daughter on Friday ordered prosecutors, defense attorneys and others involved in the case not to speak about it outside court.
First Child Services Oversight Committee meeting Wednesday
The Child Services Oversight Committee, established by the Indiana General Assembly specifically to keep tabs on the Indiana Department of Child Services, will hold its first meeting July 31.
Attorney’s report alleges trucking school small-claims abuses
An attorney’s report examining more than 7,700 lawsuits filed by an Indianapolis-based trucking school in just two Marion County township small-claims courts alleges systemic abuses that resulted in thousands of judgments against people who may never have stepped foot in the county or the state.
opinions July 26, 2013 ild
Indiana Court of Appeals
Jermaine Marcel Nash v. State of Indiana (NFP)
45A05-1210-CR-553
Criminal. Reverses conviction of criminal confinement, a Class C felony, and remands case to the trial court to vacate the conviction and amend Nash’s sentence accordingly. Rules Nash’s convictions for attempted rape and criminal confinement violate the principles of double jeopardy.
State of Indiana v. Adrian Lotaki (NFP)
32A01-1304-CR-136
Criminal. Dismisses state’s appeal of trial court’s denial of the state’s motion to correct erroneous sentence. Finds the state is not authorized to bring this appeal.
Parkway Developers Construction, LLC v. Lang, Feeney & Associates, Inc., and Terance D. Lang (NFP)
71A03-1212-PL-526
Civil plenary. Affirms trial court’s judgment ordering Lang Feeney & Associates to pay Parkway interest on late payments under a contract.
Shane E. Maxwell v. State of Indiana (NFP)
48A02-1212-CR-999
Criminal. Affirms Maxwell’s seven-year sentence for Class C felony child molesting.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions July 26, 2013
Indiana Court of Appeals
Jermaine Marcel Nash v. State of Indiana (NFP)
45A05-1210-CR-553
Criminal. Reverses conviction of criminal confinement, a Class C felony, and remands case to the trial court to vacate the conviction and amend Nash’s sentence accordingly. Rules Nash’s convictions for attempted rape and criminal confinement violate the principles of double jeopardy.
Bankruptcy Court revises Chapter 13 plan model form
The Bankruptcy Court for the Southern District of Indiana will require use of a revised Chapter 13 plan model form after Aug. 15, pursuant to Local Rule B-3015-1. The form is available on the court’s website and may be used immediately.
Opinions July 25, 2013 ILD
Indiana Court of Appeals
Bradley T. Steidle v. State of Indiana (NFP)
12A04-1212-CR-623
Criminal. Reverses conviction of Class A misdemeanor operating while intoxicated and remands with instructions to vacate Steidle’s Class A misdemeanor conviction and sentence and enter a judgment and an appropriate sentence for operating a vehicle while intoxicated as a Class C misdemeanor.
Virgil Pyles v. State of Indiana (NFP)
34A02-1301-CR-94
Criminal. Reverses calculation of the remaining balance of Pyles’ suspended sentence upon revocation of his probation. The trial court is directed to amend its sentencing order on petition to revoke to reflect that as of Nov. 29, 2012, Pyles had 609 days left to serve on his original suspended sentence.
Lorraine V. Kucki, Michael J. Kucki, Michael R. Bradash, Ziese & Sons Excavating, Inc.: Construction Services.; Biesen Excavating, Inc. and V & H Excavating, Inc. v. Jessica Archer (NFP)
45A03-1210-CT-422
Civil tort. Affirms order denying the Kuckis’ and other defendants’ joint motion for summary judgment, contending that the trial court erred in ordering the substitution of a plaintiff with no damages as the real party in interest.
Mark R. Hurst v. State of Indiana (NFP)
64A03-1209-CR-391
Criminal. Affirms convictions of Class C felony robbery and Class D felony criminal confinement.
Na-Son D. Smith v. State of Indiana (NFP)
48A02-1210-CR-872
Criminal. Affirms convictions and sentences for two counts of murder and one count of robbery as a Class A felony.
Donald R. Smitty v. State of Indiana (NFP)
32A05-1212-CR-610
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated causing endangerment and sentence. Remands for the limited purpose of correcting the record to show that the operating while intoxicated charge is enhanced by the three-year sentence that was imposed in light of the habitual substance-offender finding.
Clarissa Brewer v. State of Indiana (NFP)
49A05-1212-CR-633
Criminal. Affirms two convictions of Class D felony neglect of a dependent. Concludes that the trial court abused its discretion by imposing community service in lieu of fines and costs and by improperly delegating Brewer’s ability to pay fines and costs to the probation department. Remands with instructions.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions July 25, 2013
7th Circuit Court of Appeals
United States of America v. Jama Mire and Hassan Rafle
12-2792, 12-2793
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Criminal. Affirms both men’s convictions of one count of conspiracy to possess with intent to distribute cathinone; affirms Mire’s additional convictions of knowingly using or maintaining a place for the purpose of distributing and using cathinone; and possession with intent to distribute a mixture or substance containing cathinone. Rejects claims that that their due process rights were violated because they were not given fair warning that the possession of “khat” may be illegal.
Blogger attorney’s disciplinary commission hearing to be public
Indianapolis attorney Paul Ogden’s hearing next week before the Indiana Disciplinary Commission will be open to the public after he waived confidentiality that’s customary in such proceedings.
Judges disagree on whether Rhode Island law applies in wrongful death case
A Court of Appeals judge dissented from her colleagues’ decision that Rhode Island law should apply in awarding a wrongful death settlement because she believed that the Rhode Island court would have found Indiana law applies.
7th Circuit addresses ‘khat’ convictions for first time
The 7th Circuit Court of Appeals has ruled on many types of drug cases, but was presented with a new drug to consider for the first time: “khat,” a popular drug among the Somali community.
Sex offender not eligible to participate in county diversion program
The Indiana Court of Appeals affirmed the denial of a defendant’s petition for judicial review after he was denied placement by the court in the Vanderburgh County Forensic Diversion Program. The COA held that there was no final administrative decision for the court to review.