CASA conference to train, honor volunteers
A single mother of two from Monroe County will receive the honor of volunteer of the year this weekend at an annual conference of court-appointed special advocates.
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Marsh Supermarkets, former CEO spar over attorney fees
The years-long legal spat between Don Marsh and the company he once led appeared to have concluded this summer, but has now turned to attorneys’ fees and who’s paying the million-dollar bills.
Drunken driving conviction affirmed; tipster’s observations reasonable cause
The Indiana Court of Appeals affirmed a man’s conviction for Class C misdemeanor operating a vehicle while intoxicated Thursday, though one panelist wrote the court went deeper into the analysis of the defendant’s Fourth Amendment claim than it needed to do.
Dispatcher fired after firecracker incident loses unemployment appeal
An appeals court panel Thursday affirmed denial of unemployment benefits for a Starke County sheriff’s dispatcher who took time off work after a firecracker exploded behind her at work and she was diagnosed with hearing loss, vertigo and tinnitus.
Parental liability as co-signers on kids’ school loans subject to divorce decree
Student loan liabilities of parents who co-signed for their two children should have been a consideration in dividing property in a divorce proceeding, the Indiana Court of Appeals ruled Thursday.
Opinions Sept. 11, 2013 ILD
Indiana Court of Appeals
Jane Kleaving v. State of Indiana (NFP)
74A04-1209-CR-472
Criminal. Affirms conviction for conspiracy to commit murder as a Class A felony.
Ronald D. Hayes v. State of Indiana (NFP)
54A01-1302-CR-77
Criminal. Affirms revocation of probation and order for Hayes to serve his previously suspended two-year sentence in the Indiana Department of Correction.
Yohau Flame v. State of Indiana (NFP)
49A02-1302-CR-121
Criminal. Affirms conviction after a jury trial of rape and criminal deviate conduct, each as a Class A felony, two counts of criminal confinement and one count of attempted robbery, each as a Class B felony, and one count of auto theft, as a Class D felony.
Dewayne Perry v. State of Indiana (NFP)
49A02-1302-CR-162
Criminal. Affirms conviction for felony murder. Reverses and remands with instructions that the trial court vacate Perry’s conviction of and one-day sentence for Class A felony robbery. Perry argued the trial court violated the prohibition against double jeopardy by entering convictions for both robbery and felony murder with robbery as the underlying felony. The state did not oppose Perry’s claim, conceding that there is a reasonable possibility that the evidentiary facts were used to establish the essential elements for the robbery charge and the underlying felony for the felony murder charge.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline.
Opinions Sept. 11, 2013
7th Circuit Court of Appeals
David Hughes v. Kore of Indiana Enterprise Inc., et al.
13-8018
Civil. Reverses decertification of a class action, finding the U.S. District Court for the Southern District of Indiana, Indianapolis Division, did not provide adequate grounds for the ruling, and remands for further proceedings.
Insurer’s exclusion stands after bar fight
A woman’s own description of a barroom brawl that left her with a broken arm was used against her in allowing an insurance company to deny coverage.
Worker’s Compensation Act is only remedy for injured employee
A construction worker injured on a job site will have to find remedy through the Indiana Worker’s Compensation Act after the Indiana Court of Appeals denied his attempt to sue a subcontractor.
Judge reverses ATM fee class decertification; suggests any award go to charity
The 7th Circuit Court of Appeals court didn’t exactly call an Indiana appeal a small-change case, but it suggested the few dollars each member of a class might receive could be more usefully given to charity.
Embattled judge responds to suspension bid: ‘can and will learn’ from mistakes
A Marion Superior judge facing a 45-count disciplinary complaint responded today to a petition for her suspension by saying, “She is resolute that she can and will learn from what has been alleged, and that she will redouble her efforts to proceed.”
7th Circuit: Recording of drug deal doesn’t taint conviction
A taped conversation between a suspected heroin dealer and a confidential informant in which a sentence was admitted into evidence was not fruit of the poison tree dooming a conviction that was supported by plenty of other evidence, the U.S. 7th Circuit Court of Appeals ruled Tuesday.
Opinions Sept. 10, 2013 ILD
Indiana Court of Appeals
Tim L. Godby v. James Basinger, et al., (NFP)
77A05-1201-PL-3
Civil plenary. Affirms grant of summary judgment in favor of James Basinger, et al.
Ronald Andrew Manley v. State of Indiana (NFP)
33A01-1301-CR-52
Criminal. Affirms denial of Manley’s petition to remove his designation as a sexually violent predator from the Indiana Sex Offender Registry.
Reco Terrell v. State of Indiana (NFP)
15A01-1302-CR-78
Criminal. Affirms revocation of probation.
Century Surety Company v. The Ugly Monkey, LLC and Camburad, LLC, Amber Pagel, Dale Ueber a/k/a Dale Uebersetzig and Ueber Insurance Inc., (NFP)
49A02-1211-CT-903
Reverses partial summary judgment declaring that Ueber acted as the agent of Century Surety when accepting notice of an occurrence and lawsuit from an insured, Camburad, LLC, which operated the Ugly Monkey nightclub. Remands, holding that Ueber did not act as an agent and that Camburad and Ugly Monkey are entitled to summary judgment on the claim of breach of duty to defend.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline.
Old expungement law turns good luck to bad
A man’s good luck at never being charged with a crime despite four arrests turned bad when he tried to get his record expunged.
Opinions Sept. 10, 2013
U.S. 7th Circuit Court of Appeals
United States of America v. John Scott
12-2962
Criminal. Affirms U.S. District Court for the Northern District of Indiana ruling denying a motion to suppress evidence gathered from a search warrant issued after a driveway conversation involving drug deals was captured without the knowledge of either party, after a dealer took a confidential informant’s vehicle to meet his supplier, John Scott. The panel held that sufficient evidence aside from the recorded conversation supported the issuance of the warrant.
Lake County judge strikes down provision in Indiana’s right-to-work law
In a ruling that never used the popular term “right-to-work,” Lake Superior Court Judge John Sedia found a provision in Indiana’s 2012 labor law violated the state constitution’s ban on demanding services without just compensation.
Molester’s imprisonment alone insufficient to bar contact with son
Serving 50 years in prison for conviction of eight counts of Class A felony child molesting, a count of Class C felony child molesting and Class C felony criminal confinement is insufficient by itself for a court to rule an incarcerated father may not have phone or mail contact with his child, a panel of the Indiana Court of Appeals ruled Tuesday.
Man extradited from Wyoming on many charges not denied speedy trial
A man who twice escaped incarceration in Indiana and was extradited to face a multitude of charges after he was convicted in Wyoming failed to convince appellate judges he had been denied a speedy trial.
Vigo court too hasty in tossing killer’s pro se PCR petition, panel rules
A man convicted of murder who represented himself in his post-conviction relief proceeding was wrongly denied a chance to plead his case, a panel of the Indiana Court of Appeals ruled Tuesday. The court reversed an order by Vigo Superior Judge Christopher Newton summarily denying the petition.
Indy Bar: IBF Distinguished Fellows: Helping Hands in the Indianapolis Community
Support of the Indianapolis Bar Foundation not only gives members of the legal community an opportunity to give back to Foundation-funded programs and grants—it also connects donors to local community organizations that depend on the active involvement of volunteers.