Ex-prosecutor candidate’s bar resignation accepted
A southwest Indiana attorney and former Democratic candidate for Gibson County prosecutor has been allowed to resign from the bar, according to an order from the Indiana Supreme Court.
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COA affirms probation violation for nonsupport, modifies amount due
A trial court properly revoked probation of a man sentenced for non-support of a dependent child, but the Indiana Court of Appeals ordered the lower court to revise the arrearage.
Opinions Aug. 19, 2013 ILD
Indiana Court of Appeals
Ryan A. Osowski v. State of Indiana (NFP)
46A04-1211-CR-570
Criminal. Affirms aggregate sentence of 34 years for conviction of three counts of Class B felony child molesting.
Wayne A. Wasson v. State of Indiana (NFP)
02A03-1212-CR-530
Criminal. Affirms 31 1/2-year sentence for conviction of one count of Class A felony child molesting, two counts of Class C felony child molesting, three counts of Class A misdemeanor contributing to the delinquency of a minor, and one count Class D felony sexual battery. Remands for proper assessment of fees.
Waldo Lynn Jones, Jr., v. State of Indiana (NFP)
16A04-1301-CR-12
Criminal. Affirms 65-year executed sentence for conviction of murder.
Jerry Corbier and Stephanie Corbier v. William B. Nourse and Teresa L. Nourse (NFP)
29A04-1210-SC-545
Small claims. Affirms small claims court judgment in favor of William and Teresa Nourse and award of attorney’s fees in their favor.
Yoni Solis v. State of Indiana (NFP)
49A02-1212-CR-971
Criminal. Affirms 70-year executed sentence for conviction of four counts of Class A felony child molesting and three counts of Class C felony child molesting.
Mark A. Cook v. State of Indiana (NFP)
88A01-1210-CR-468
Criminal. Affirms conviction of Class A felony attempted child molesting and Class C felony child molesting.
In the Matter of the Termination of the Parent-Child Relationship of: X.M., Minor Child, A.B., Mother v. Indiana Department of Child Services (NFP)
29A02-1212-JT-961
Juvenile. Affirms involuntary termination of parental rights.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
Opinions Aug. 19, 2013
Indiana Court of Appeals
Derik A. Blocker and Tammi Blocker v. U.S. Bank National Association as Trustee for the Certificateholders Citigroup Mortgage Loan Trust Inc. Asset-Backed Pass-Through Certificate Series 2007-AHL3
45A03-1211-MF-479
Mortgage foreclosure. Affirms trial court grant of summary judgment to U.S. Bank, holding that no issues of material fact exist, and discards arguments that appeared to stem from “Redemptionist” movement theory claiming that debts could be settled through claims made to the United States Treasury.
Justices to hear case in which glove DNA led to conviction
The Indiana Supreme Court will hear a case in which DNA found on a glove was the sole evidence that led to the conviction of a man on a burglary charge in St. Joseph County.
In adoption case with no winners, SC offers suggestions to avoid similar situations
In reversing the adoption that could remove fraternal twins from the only family they have ever known, the Indiana Supreme Court noted the situation might have been avoided if more than “just the bare minimum” had been done.
Foreclosure stands against ‘Redemptionist’ claims, appeals panel rules
A pro se litigant who fought a mortgage foreclosure by attempting to pay a bank with drafts from his purported account at the United States Treasury has no basis to reverse summary judgment in favor of the lender, the Court of Appeals ruled Monday.
ACLU alleges IMPD officers infringed panhandlers’ free-speech rights
The ACLU of Indiana has filed a federal lawsuit claiming the city and Indianapolis Metropolitan Police Department officers violated the free speech rights of indigent panhandlers ordered to move from near Circle Center Mall last week.
Opinions Aug. 16, 2013 ILD
The Indiana Supreme Court, Tax Court and Court of Appeals posted no opinions before IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions prior to IL deadline.
Zoeller announces launch of prescription-abuse website
Calling attention to the rising number of overdose deaths in Indiana, Attorney General Greg Zoeller announced a new website meant to help inform people about the risks and warnings signs of prescription drug abuse.
State courts post expungement forms online
The Indiana Division of State Court Administration has posted more than a dozen sample forms to petition for reduction or elimination of criminal records provided under Indiana’s new expungement statute.
Opinions Aug. 15, 2013 ILD
Indiana Court of Appeals
Jessica Wilkinson v. State of Indiana (NFP)
33A04-1210-CR-504
Criminal. Affirms convictions of Class A felony dealing in a Schedule III controlled substance within 1,000 feet of a public park, Class B felony dealing in a Schedule III controlled substance, and Class D felony maintaining a common nuisance.
William R. Marks, Jr., v. State of Indiana (NFP)
91A02-1210-CR-881
Criminal. Affirms conviction of Class A felony child molesting.
Mark A. Atherton v. State of Indiana (NFP)
55A01-1211-CR-537
Criminal. Affirms 40-year sentence for Class B burglary and being a habitual offender.
David Newson v. State of Indiana (NFP)
49A04-1302-CR-81
Criminal. Affirms denial of motion to correct erroneous aggregate sentence of 73 years for murder and Class C felony carrying a handgun without a license.
Willie G. Maffett v. State of Indiana (NFP)
82A01-1212-CR-585
Criminal. Affirms conviction of Class D felony theft.
William D. Cornett v. State of Indiana (NFP)
82A01-1302-PC-59
Post conviction. Affirms denial of petition for post-conviction relief.
Antwon Davis v. State of Indiana (NFP)
71A03-1304-CR-130
Criminal. Affirms conviction of Class D felony child molesting.
Chad Matthew Hagan v. State of Indiana (NFP)
76A05-1302-CR-63
Criminal. Affirms combined consecutive sentences from a jury conviction of Class D felony possession of methamphetamine and, in a separate case, from a guilty plea to a Class A misdemeanor invasion of privacy charge.
Auto-Owners Insurance Company v. C & J Real Estate, Inc. (NFP)
49A04-1209-PL-477
Civil plenary. Affirms on interlocutory appeal an order compelling Auto-Owners to produce certain documents containing third-party claims and reserve funds.
In Re the Paternity of C.H.: S.L. v. K.H. (NFP)
64A04-1304-JP-198
Juvenile paternity. Reverses dismissal of putative father’s paternity action and remands for further proceedings.
In Re the Matter of I.E.: J.E. v. W.L. and R.L. and N.V. (NFP)
72A01-1212-JP-567
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/august/08141307ehf.pdf
Juvenile. Affirms in part and reverses in part, affirming grant of father’s motion for change of custody, reverses order granting visitation to guardians, and affirms denial of visitation for mother, finding no such request was made.
Indiana Supreme Court and Indiana Tax court issued no opinions by IL deadline Thursday.
Opinions Aug. 15, 2013
7th Circuit Court of Appeals
United States of America v. James Simon
11-1837
Criminal. Affirms jury conviction from the U.S. District Court, Northern District of Indiana, on charges of filing false income tax returns, failing to file reports of foreign bank accounts, mail fraud and financial aid fraud. There was a legal basis for his convictions, and the District Court did not err in limiting defense evidence regarding some of the charges or in rulings on jury instruction.
7th Circuit affirms tax convictions of Fort Wayne entrepreneur
A man whose family spent millions while he pleaded poverty to gain need-based scholarships for his children and failed to report foreign bank accounts lost the federal appeal of his conviction on multiple tax charges Thursday.
Change in state statute gets public intoxication conviction overturned
Although the evidence showed the man was intoxicated in public, the Indiana Court of Appeals overturned his conviction because he was not a threat to public safety.
Conviction, 30-year sentence affirmed in armed robbery
A man who, with other masked gunmen, robbed an Indianapolis Asian market lost his appeal Thursday.
For want of $2, negligence claim is untimely
A filing fee that was $2 less than required for a negligence claim in Clark County but was corrected and paid in full after the statute of limitations ran out may not proceed, the Indiana Court of Appeals held Thursday.
Divided appellate court reinstates charges stemming from illegal stop
An Indianapolis man who faced multiple charges when he fled from and battled with police after a stop the state concedes was illegal still may be prosecuted on evidence gained after he fled, two of three Court of Appeals judges ruled Tuesday.
Appeals panel affirms sole custody for mother moving to China
A father lost his appeal Thursday of a trial court ruling granting sole custody to the mother of the divorced couple’s child, who will move with her to China for three years.
No new trial for defendant who discovered pitfalls of proceeding pro se
A defendant’s request for a do-over after representing himself at trial and being found guilty was denied by the Indiana Court of Appeals with the admonishment “proceeding pro se is riddled with pitfalls.”