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The Division of State Court Administration’s Judicial Technology and Automation Committee will see a temporary boost in funding for its Odyssey case management system under a new law signed by Gov. Mike Pence.
The top deputy under former Marion County Prosecutor Carl Brizzi has agreed to plead guilty to a federal charge for his role in the early release of a woman convicted in a murder-for-hire scheme.
The Indiana Court of Appeals reversed a trial court’s denial of a title insurance company’s verified petition for judicial review and declaratory relief, finding the court erred by requiring a separate showing of prejudice because the Indiana insurance commissioner failed to comply with a mandatory statutory deadline regarding an order setting an investigatory hearing.
The Indiana Court of Appeals granted the state’s request for rehearing on a case in which the judges found the trial court erred in not giving a defendant’s tendered jury instruction, but that the error was harmless. The state contended that two cases dictated that there was no error by the court.
Two teams from the West swept the 2013 National High School Mock Trial Championship, but Indianapolis and the Indiana legal community made the best impression.
A unanimous Supreme Court of the United States has ruled that patent exhaustion doesn’t allow a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission.
Indiana Court of Appeals
Karina Wilson v. State of Indiana (NFP)
49A02-1207-CR-602
Criminal. Affirms sentence for Class A misdemeanor battery.
Term. of the Parent-Child Rel. of C.T. and D.T., minor children, and C.T., biological father, and K.P., biological mother: C.T. and K.P. v. Indiana Dept. of Child Services (NFP)
79A02-1210-JT-837
Juvenile. Affirms involuntary termination of parental rights.
Mr. Bults, Inc. D/B/A MBI v. Nathan Orlando (NFP)
56A04-1210-CT-515
Civil tort. Affirms negligence finding against Mr. Bults Inc. and $650,000 jury award.
In Re: The Paternity of V.A.; R.A. v. B.Y. (NFP)
39A01-1209-JP-413
Juvenile. Affirms order addressing custody, parenting time, child support and personal property issues. Remands for the court to rule on the issue of legal custody, father’s contempt petition, to clarify the factual basis for its child support order and to enter findings supporting the conclusion.
Daon L. Bellamy v. State of Indiana (NFP)
49A04-1210-CR-500
Criminal. Affirms conviction of Class D felony theft.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
7th Circuit Court of Appeals
Royce Brown v. John F. Caraway, Warden
12-1439
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses denial of Brown’s petition for habeas corpus under 28 U.S.C. Section 2241 in which he argued under Begay v. United States, 553 U.S. 137 (2008), his prior Delaware conviction for arson in the third degree did not qualify as a crime of violence. Brown is entitled to relief, and under Begay, his prior conviction doesn’t qualify as “generic” arson under the enumerated crimes clause of the career offender guideline, nor is it covered by the residual clause. Remands with instructions to reduce his drug and firearm sentence to reflect that he is not a career offender under Section U.S.S.G. Section 4B1.1. Chief Judge Easterbrook issued a statement concerning the circulation under Circuit Rule 40(e).
The 7th Circuit Court of Appeals reversed the denial of a man’s habeas petition, finding his conviction of arson in the third degree in Delaware doesn’t qualify as a crime of violence under U.S.S.G. Section 4B.1. As such, his current sentence should be reduced to reflect he isn’t a career offender.
The Indiana Court of Appeals affirmed a man’s felony cocaine dealing conviction, finding the state, when originally dismissing charges and then later refiling them, was not trying to avoid an adverse ruling that barred testimony of a confidential informant.
Even if the Indiana Court of Appeals was to assume that a defendant’s trial counsel performed below prevailing professional norms by not explaining the potential immigration consequences of his guilty plea, the judges ruled the defendant wasn’t prejudiced because the trial court explained those consequences.
The Indiana Court of Appeals sent a case in ‘procedural limbo’ back to trial court to enter a restitution order within 30 days, which will allow the defendant to appeal his aggravated battery conviction. The appellate judges also advised trial courts on the pitfalls of postponing ordering restitution when ordering a sentence.
Changes are coming to Indiana’s sex offender registry, thanks to a new law signed by Gov. Mike Pence Thursday.
The attorney who made statements regarding Franklin Circuit Judge Steven Cox’s release of a prisoner during the time she was challenging him for his spot on the bench last fall cannot seek judicial office for five years, the Indiana Supreme Court ruled Thursday. The justices also publicly reprimanded Tammy R. Davis of Brookville.
Indiana Court of Appeals
In Re: the Paternity of M.R.; A.K. v. J.R. (NFP)
50A03-1211-JP-457
Juvenile. Affirms custody modification order granting father J.R. physical custody of M.R.
Ronald L. Hoffman and Christy G. Hoffman, and Johnson Sunnybrook Farm, LLC, an Indiana Limited Liability Co. v. Lake Co. Indiana, a unit of government, its County Council, et al. (NFP)
45A03-1206-PL-291
Civil plenary. Affirms summary judgment for Singleton Stone as the opposed landowners to the rezoning had no standing to challenge the rezoning.
Bradley Ryan v. State of Indiana (NFP)
34A02-1211-CR-921
Criminal. Affirms convictions of murder and Class A felony robbery resulting in serious bodily injury.
Eldon E. Harmon v. State of Indiana (NFP)
20A05-1212-CR-634
Criminal. Affirms 16-year sentence for Class B felony dealing in methamphetamine.
James Q. Bryant v. State of Indiana (NFP)
49A02-1211-PC-869
Post conviction. Affirms denial of petition for post-conviction relief.
Carmell D. Nelson v. State of Indiana (NFP)
02A03-1208-CR-349
Criminal. Affirms convictions of Class A felony attempted murder and Class B felony unlawful possession of a firearm by a serious violent felon.
Mark A. Centofante v. State of Indiana (NFP)
49A05-1207-CR-360
Criminal. Affirms conviction of Class B felony sexual misconduct with a minor.
Demetrick Cameron v. State of Indiana (NFP)
48A02-1209-CR-733
Criminal. Affirms revocation of probation for failure to pay child support.
Deborah Chandler v. State of Indiana (NFP)
15A04-1211-CR-560
Criminal. Affirms revocation of probation and order Chandler serve 10 years of her 16-year suspended sentence in the Department of Correction.
LP XXIV, LLC d/b/a Las Palmas Apartment Homes and SLS Management, Inc. v. American Family Mutual Insurance Company and Carl Long (NFP)
49A04-1207-PL-340
Civil plenary. Affirms denial of Las Palmas’ and SLS’s motion for summary judgment on the issue of agency.
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.
Indiana Court of Appeals
Bonnie Moryl, as Surviving Spouse and Personal Rep. of the Estate of Richard A. Moryl, Deceased v. Carey B. Ransone, M.D.; La Porte Hospital; Dawn Forney, RN; Wanda Wakeman, RN BSBA; et al.
46A04-1112-CT-710
Civil tort. Affirms summary judgment for the defendants, on which the trial court determined that Bonnie Moryl’s proposed complaint for medical malpractice was not timely filed with the Indiana Department of Insurance. The trial court properly found that her complaint sent to the DOI by FedEx was filed one day late under the two-year statute of limitations.
Third-party carriers are not included in the statute regarding filing proposed medical malpractice complaints with the Indiana Department of Insurance, so a woman’s complaint that was sent via FedEx within the two-year statute of limitations – but not stamped until after the limitations expired – is not considered timely filed, the Indiana Court of Appeals ruled.
The state was unable to prove that a 14-year-old Indianapolis boy committed criminal gang activity when he and several other juveniles followed another teen after a party, the Indiana Court of Appeals ruled Thursday.
The Hendricks Superior Court – which is seeking two magistrate judges to take the bench – has changed its residency requirement for applicants. Applicants no longer have to reside in the county at the time of applying, but the two chosen for the jobs must live in Hendricks County by the end of the year.
Mediation ordered by the Indiana Supreme Court failed to settle a dispute among Lake County judges over a juvenile court vacancy, according to a report filed Wednesday by the former justice who tried to resolve the matter.