Marion Superior judge faces week-long disciplinary case
A week-long hearing has been set in the disciplinary case against a Marion Superior judge who now faces 47 counts alleging she violated Rules of Judicial Conduct.
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McKinney professor emeritus Harold Greenberg dies
Indiana University Robert H. McKinney School of Law professor emeritus Harold Greenberg died Tuesday. Family funeral services were to take place Friday, and a memorial celebration is being scheduled.
Opinions Oct. 18, 2013 ILD
Indiana Court of Appeals
Chad Musick v. State of Indiana (NFP)
18A04-1302-PC-61
Post conviction. Affirms the denial of Musick’s post-conviction relief petition to the extent the post-conviction court found he did not receive ineffective assistance of appellate counsel. Reverses the denial with respect to the claim of ineffective assistance of trial counsel and remands for further proceedings on that claim.
Jolene G. Burtrum v. Citizens Health Center (NFP)
49A05-1305-PL-224
Civil plenary. Affirms dismissal of Burtrum’s complaint against Citizens Health Center, alleging breach of contract and seeking damages under the Wage Claim Statute.
J.M. v. State of Indiana (NFP)
52A02-1304-JV-361
Juvenile. Affirms order placing J.M. in the Indiana Department of Correction after he admitted to theft from a Burger King restaurant.
Christopher T. Taylor v. State of Indiana (NFP)
29A02-1301-PC-54
Post conviction. Affirms summary disposition regarding Taylor’s freestanding claims of error and ineffective assistance of counsel claim on the presumptive sentencing scheme. Reverses and remands denial of Taylor’s motion for an evidentiary hearing on the remaining ineffective assistance of counsel claims.
Louis O'Neal v. State of Indiana (NFP)
20A03-1302-PC-58
Post conviction. Affirms the denial of O’Neal’s motion to withdraw his post-conviction petition without prejudice.
Gregory Calvain v. State of Indiana (NFP)
41A01-1303-CR-116
Criminal. Affirms conviction of illegal consumption of an alcoholic beverage, a Class C misdemeanor.
Martin Cenfetelli v. State of Indiana (NFP)
84A01-1303-CR-118
Criminal. Affirms Cenfetelli’s 14-year sentence, $2,000 fine and five-year suspension of driver’s license for conviction of Class B felony operating a vehicle with a blood alcohol content of 0.15 or more causing death. Reverses home detention and community service as conditions of probation. Reverses and remands for further proceedings regarding the restitution order for $101,198.24.
The Indiana Supreme Court and the Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals submitted no Indiana opinions by IL deadline.
State bar advances pro bono reporting requirement
Attorneys soon will be required to report the number of pro bono hours of service they provide on an annual basis under a proposal adopted Friday by the Indiana State Bar Association.
Opinions Oct. 18, 2013
Indiana Court of Appeals
Floyd Weddle v. State of Indiana
73A01-1209-CR-452
Criminal. Affirms on rehearing that convictions for possession of methamphetamine and manufacturing methamphetamine were not double jeopardy, and finding that the jury could have reasonably concluded that Weddle was in possession of methamphetamine and was in the process of manufacturing an additional amount of the drug.
Shares of dissolved corporation is matter to be handled by trial court, COA rules
A dispute between two brothers over corporate shares left from the dissolution of the family business got a rehearing by the Indiana Court of Appeals, but no reversal.
Location, location, location determines who has burden of proof
Looking at the distance in the state statute between the description of the offense and a statutory exception, the Indiana Court of Appeals ruled the defendant had the burden of proof regarding a victim’s age.
Convincing evidence, conflicting record doom search challenge
A thief who went from car to car in a hotel parking lot was being watched by a hotel employee, and the credit card and cell phone belonging to guests that police later found on the man was convincing enough that an Indiana Court of Appeals panel discarded claims that the court should have suppressed the result of a search.
On rehearing, panel rejects double-jeopardy meth conviction claim
A Shelby County man convicted of possession of methamphetamine and manufacturing was not a victim of double jeopardy, a panel of the Indiana Court of Appeals held on Friday.
Law firm challenge nets $17,500 for Alzheimer’s support
Six Indianapolis-area law firms competed in a challenge to raise awareness and funds for their firm’s teams, raising more than $17,500 for the Alzheimer’s Association’s Walk to End Alzheimer’s held Oct. 13.
10-year Conour sentence disappoints victims
Victims of disgraced wrongful-death and personal-injury attorney William Conour said his 10-year sentence imposed on a wire fraud charge – half the maximum he could have received – left them feeling victimized again.
Opinions Oct. 17, 2013 ILD
Indiana Court of Appeals
Anthony Worl v. State of Indiana (NFP)
29A02-1302-CR-167
Criminal. Affirms convictions of Class A felony child molesting, Class D felony child solicitation and three counts of Class C felony child molesting, as well as a habitual offender determination.
Antonio Hughley v. State of Indiana (NFP)
49A04-1301-CR-40
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class D felony dealing in marijuana.
William J. Eisele v. State of Indiana (NFP)
51A01-1304-PC-154
Post conviction. Affirms denial of petition for post-conviction relief.
Darren Englert v. State of Indiana (NFP)
79A04-1302-CR-88
Criminal. Vacates convictions of Class A felony conspiracy to commit murder, Class D felony criminal confinement and Class C felony conspiracy to commit battery. Affirms convictions of Class B felony conspiracy to commit criminal confinement, Class C felony battery and Class A misdemeanor possession of marijuana and affirms 80-year sentence.
Jeffery Bonds v. State of Indiana (NFP)
49A04-1301-CR-11
Criminal. Affirms conviction of Class D felony invasion of privacy.
Darrail Mix v. State of Indiana (NFP)
49A02-1304-CR-314
Criminal. Affirms convictions of Class D felonies domestic battery and battery and Class A misdemeanors domestic battery and resisting law enforcement.
Frances Ashton v. City of Indianapolis (NFP)
49A02-1210-MI-815
Miscellaneous. Affirms judgment affirming the decision of the merit board of the Indianapolis Metropolitan Police Department to terminate Ashton’s employment as a police officer.
Harold Ferrin v. State of Indiana (NFP)
49A02-1210-PC-839
Post conviction. Affirms denial of petition for post-conviction relief.
Justin Dent v. State of Indiana (NFP)
29A03-1304-CR-128
Criminal. Affirms sentence for Class D felony operating a vehicle as a habitual traffic violator.
Norman T. Podell v. State of Indiana (NFP)
71A03-1302-CR-64
Criminal. Affirms two convictions of Class D felony pointing a firearm.
David Davenport v. State of Indiana (NFP)
49A02-1210-CR-842
Criminal. Affirms conviction and sentence for Class B felony dealing in cocaine and conviction of Class A misdemeanor resisting law enforcement. Remands for the trial court to impose a sentence on the misdemeanor conviction that comports with I.C. 35-50-3-2.
Miguel Perez v. State of Indiana (NFP)
49A02-1304-CR-288
Criminal. Affirms conviction of Class D felony identity deception.
Bush Truck Leasing, Inc., v. Indiana Farmers Mutual Insurance Company (NFP)
49A05-1304-CT-189
Civil tort. Affirms summary judgment for Indiana Farmers on Bush Truck Leasing’s complaint for declaratory judgment and damages.
FSF Presidential Estates, Associates, LLC, individually and d/b/a Presidential Estates Apartments and Indianapolis Power and Light v. Joshua Grounds, Fleener Roofing & Guttering, LLC (NFP)
49A05-1305-CT-209
Civil tort. Affirms denial of IPL’s motion for summary judgment and Grounds’ motion for partial summary judgment in Grounds’ suit filed to recover damages after he was electrocuted.
Devon Miller v. State of Indiana (NFP)
49A02-1303-CR-286
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
Stanley D. Wills v. State of Indiana (NFP)
18A02-1210-CR-834
Criminal. Vacates Wills’ conviction for Class C felony theft as a lesser included offense of robbery and remands for further proceedings. Affirms convictions of Class B felony aiding in the commission of armed robbery, Class B felony conspiracy to commit armed robbery, and Class B felony criminal confinement, as well as finding Wills is a habitual offender.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions Oct. 17, 2013
Indiana Court of Appeals
Timothy L. Hyser v. State of Indiana
20A05-1301-CR-37
Criminal. Reverses convictions of Class A felony and Class C felony child molesting. The exclusion of the evidence Hyser wished to present deprived him of a meaningful opportunity to present a complete defense. The state is not barred from retrying Hyser.
Accused molester denied chance to present complete defense
Finding the testimony and evidence a man accused of child molesting wished to present at trial – but was denied by the trial court – was critical to his defense, the Indiana Court of Appeals reversed his two molestation convictions.
Commission on Courts to look at confidentiality of paternity cases
The Commission on Courts will tackle several issues at its meeting Oct. 21, including the confidentiality of juvenile court records in juvenile paternity cases.
Court rules against Menard on roofing company’s lawsuit for payment
The Indiana Court of Appeals ordered summary judgment entered in favor of a roofing services company on claims of breach of contract against Menard Inc., finding Menard was unable to establish a dispute of material fact as to its right to withhold payment.
Conour gets 10-year fraud sentence
Former attorney William Conour has been sentenced to 10 years in federal prison for defrauding more than 30 wrongful-death and personal-injury clients of close to $7 million.
Partial shutdown over, for now
President Barack Obama signed legislation Thursday ending the partial shutdown of the federal government and pushing back deadlines before Congress must act again to prevent a similar situation. The announcement from the White House came hours after the U.S. Courts announced federal courts would remain open through Oct. 18.
Orbitz contracts with hotels are ‘trade secrets,’ Tax Court rules
The Indiana Tax Court Wednesday granted online travel company Orbitz LLC’s request to place certain documents under seal – including contracts the company has with three Indiana hotels. Judge Martha Wentworth determined that the contracts are trade secrets, so they are not subject to public disclosure.
Brizzi says letting White testify would’ve been ‘disaster’
A judge is hearing arguments from former Indiana Secretary of State Charlie White that his conviction on voter fraud should be thrown out because his lawyer, Carl Brizzi, didn't adequately defend him. IBJ.com has the story.