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Opinions April 23, 2012 ILD

April 23, 2013

Indiana Court of Appeals
Term. of the Parent-Child Rel. of J.L.W. (Minor Child) and S.R.W. (Mother), J.C.H. (Alleged Father), and Alleged Unknown Father v. The Indiana Dept. of Child Services (NFP)
02A03-1207-JT-307
Termination of parental rights. Affirmed involuntary termination of mother’s parental rights. Found the trial court did not err in concluding that there is a reasonable possibility that the conditions that resulted in the minor’s placement outside the home will not be remedied.

Ronald A. Bohannon v. State of Indiana (NFP)
28A04-1212-CR-656
Criminal. Affirms sentence of eight years for a reckless homicide conviction, which was enhanced by five years as a result of Bohannon’s habitual offender status; seven years for handgun convictions, to be served consecutively to the enhanced sentence; and two years for a conviction of receiving stolen property, to be served concurrently with the other sentences.

Kenyatta Erkins and Ugbe Ojile v. State of Indiana
58A01-1205-CR-215
Criminal. Affirms convictions of Class A felony conspiracy to commit robbery resulting in serious bodily injury. Rejected all the issues Erkins and Ojile raised on appeal. Found the trial court did not err in permitting the amendment to the charging information; the evidence was sufficient to show the pair intended and agreed to commit robbery that would result in serious bodily injury; the trial court did not abuse its discretion in admitting evidence gathered after Erkins and Ojile left the casino; any error in admitted interpretations of the pair’s phone conversation was harmless; and the prosecutor did not commit misconduct nor cause a fundamental error.

In Re the Paternity of A.H., A.E., A.M., A.I., A.N.; A.G. v. A.H. (NFP)
49A02-1208-JP-668
Paternity. Affirms trial court calculation of father’s weekly child support obligation since 2007. Found the trial court did not abuse its discretion when it made the calculations.

Sungold Holdings, Inc., Midwest Auto Body, and Robert H. Gentry, III v. Donald Blair (NFP)
18A02-1207-MI-612
Miscellaneous. Affirms trial court’s decision to issue tax deeds to Blair for three properties sold at a tax sale. Found the trial court did not err in holding that Sungold Holdings, et. al., failed to raise a viable objection to the sale.

D.S. v. State of Indiana (NFP)
49A04-1210-JV-522
Juvenile. Affirms juvenile court’s adjudication finding that D.S. is a delinquent child for committing what would be the crime of receiving stolen property, a Class D felony, is committed by an adult. Found the juvenile court did not abuse its discretion by permitting the state to reopen its case in chief. Also ruled the juvenile court did not commit a reversible error by denying D.S.’s motion for involuntary dismissal under Indiana Trial Rule 41(B).

Antwan Parks v. State of Indiana (NFP)
79A02-1208-CR-672
Criminal. Affirms Parks’s conviction for Class C felony battery. Concluded the evidence was sufficient to establish bodily injury.

 

General Assembly votes on expungement and constitutional convention bills

April 23, 2013

Hoosiers with criminal records might soon be able to erase their past.

Opinions April 23, 2013

April 23, 2013

Indiana Court of Appeals
Kenyatta Erkins and Ugbe Ojile v. State of Indiana
58A01-1205-CR-215
Criminal. Affirms convictions of Class A felony conspiracy to commit robbery resulting in serious bodily injury. Rejected all the issues Erkins and Ojile raised on appeal. Found the trial court did not err in permitting the amendment to the charging information; the evidence was sufficient to show the pair intended and agreed to commit robbery that would result in serious bodily injury; the trial court did not abuse its discretion in admitting evidence gathered after Erkins and Ojile left the casino; any error in admitted interpretations of the pair’s phone conversation was harmless; and the prosecutor did not commit misconduct nor cause a fundamental error.

Legal Education Task Force to meet at IU McKinney

April 23, 2013

The American Bar Association Task Force on the Future of Legal Education will examine how students are trained to be lawyers during a special meeting April 24 at the Indiana University Robert H. McKinney School of Law.

COA says argument over wording of robbery statute is issue of first impression

April 23, 2013

An argument over the wording of the state’s robbery statute gave the Indiana Court of Appeals pause but ultimately did not sway its ruling in affirming a conviction of conspiracy to commit robbery resulting in serious bodily injury.

Admission of violation is too little to revoke probation

April 23, 2013

A Marion County man’s admission of a probation violation is not enough to revoke his probation without an evidentiary hearing, the Indiana Court of Appeals has ruled.

Court of Appeals rethinks previous opinion on traffic stops

April 23, 2013

Citing several cases from other jurisdictions, the Indiana Court of Appeals concluded that brief contact with the fog line or swerving within a lane ordinarily is not sufficient to establish reasonable suspicion of impaired driving.

State bar seeking delegate to serve in ABA House

April 23, 2013

The Indiana State Bar Association is seeking a candidate to fill a two-year position to the American Bar Association House of Delegates.

IBA: Volunteer to Take a Family Law or Minor Guardianship Pro Bono Case

April 23, 2013

The day has arrived when local legal service providers and the bar are coordinating efforts to provide pro bono help in family law cases, and we’re ready for your help.

IBA: The Answer for a Good Time?

April 23, 2013

Members of the legal community gathered to spar over trivia while supporting the Indianapolis Bar Foundation at the fourth IBF Trivia Night, held Tuesday, April 16 at the Northside Knights of Columbus.

Blomquist: No Joke — Let’s Take Care of the Lawyers

April 23, 2013

A dear non-lawyer friend of mine recently gave me a joke book about lawyers. If you’re like me you have received such a gift before and you smile, nod your head, chuckle at the gesture, and relegate the book to being a bathroom staple until your conscience allows you to throw it away.

IBA Interrogatories – Benjamin Keele

April 23, 2013

Candid Q&A with the Bench and Bar.

IBA: Have Impact. Be One. Support the Indianapolis Bar Foundation

April 23, 2013

April is a busy month for the Indianapolis Bar Foundation.

On The Move -4/24/13

April 23, 2013

Read about what awards Indiana Lawyers have recently received.

DTCI: FMLA Update

April 23, 2013

Pre-Eligibility Request for Post-Eligibility Leave May Be Protected

DTCI: Make No Bones About It

April 23, 2013

Defending Product Liability Claims Involving Food Products

Indiana Court Decisions – April 3 – 16, 2013

April 23, 2013

Read recent Indiana appellate decisions.

Law School Briefs -4/24/13

April 23, 2013

Read about news from Indiana’s law schools.

Hammerle on … ’42’

April 23, 2013

Before reviewing the movie “42,” Bob Hammerle pays tribute to the recent passing of Roger Ebert, Jonathan Winters and Annette Funicello.

Lucas: 2013 Leadership in Law Award winners revealed

April 23, 2013

Through the profiles in the Leadership in Law award supplement, it is our goal to introduce IL readers to the men and women behind the public and professional personas.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • State judiciary is considering alternative exam for bar admission

  • Birth certificate changes for seven transgender Hoosiers are in limbo

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