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Opinions Aug. 5, 2013

Brad Kroft v. State of Indiana
49A04-1211-CR-593
Criminal. Reverses and remands on interlocutory appeal denial of a motion to suppress, holding that a state trooper who stopped a motorist because a working tail lamp had a dime-sized hole that emitted white light did not have reasonable suspicion to initiate a traffic stop that resulted in two charges: Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of 0.15 or more, and Class C misdemeanor operating a vehicle while intoxicated.

Indianapolis loses attorney and civic leader Edgar Lamb

An attorney who played an integral role in consolidating the governments of the city of Indianapolis and Marion County, which made the Hoosier state capital the 11th largest city in the United States, has died.

Shuai pleads guilty to lesser charge, is freed

The Chinese immigrant who tried to kill herself by consuming rat poison and was charged with murder and attempted feticide days later when her newborn daughter died pleaded guilty to a lesser charge of criminal recklessness, a Class B misdemeanor.

Shuai pleads guilty to criminal recklessness

A Chinese immigrant who tried to kill herself by consuming rat poison and was charged with murder and attempted feticide days later when her newborn daughter died has pleaded guilty to a lesser charge of criminal recklessness, a Class B misdemeanor.

Shuai enters guilty plea

A Chinese immigrant who tried to kill herself by consuming rat poison and was charged with murder and attempted feticide days later when her newborn daughter died will plead guilty. Bei Bei Shuai’s plea agreement was announced this afternoon at a news conference in Marion Superior Court. She was to face trial beginning Sept. 3. […]

Opinions Aug. 2, 2013 ILD

Indiana Court of Appeals
Jeremy Benner v. State of Indiana (NFP)
79A02-1211-CR-913
Criminal. Affirms conviction of child molesting as a Class C felony.

Randy Reeder v. State of Indiana (NFP)
71A05-1210-PC-540
Post conviction. Affirms conviction of four counts of murder and sentence to an aggravated term of 65 years for each conviction, to be served consecutively for a total term of 260 years.

Dwayne Kelly v. State of Indiana (NFP)
27A01-1212-PC-568
Post conviction. Affirms denial of post-conviction relief.

In the Matter of the Termination of the Parent-Child Rel. of M.R.; C.B. v. Indiana Department of Child Services (NFP)
49A05-1212-JT-643
Juvenile. Affirms the termination of parental rights of C.B., the mother of M.R.

Carolyn (Hansen) Miller v. Robin Mendelsohn, M.D. (NFP)
67A01-1301-PL-13
Civil plenary. Affirms the jury verdict entered in favor of Mendelsohn.

Indiana Supreme Court and Indiana Tax Court released no opinions by IL deadline.
 

Opinions Aug. 2, 2013

7th Circuit Court of Appeals
Anthony Weddington v. Dushan Zatecky, Superintendent
11-3303
Vacates denial of Weddington’s habeas petition and remands for further proceedings consistent with this opinion. Finds the District Court erred in failing to consider Weddington’s claims that he could not meet the limitations period because prison officials confiscated his legal paper work, law books and legal mail. Also points out that the question of whether Judge Tanya Walton Pratt should have recused herself can be remedied by assigning the case to a different district judge on remand.

COA notes Indiana law would have changed outcome of environmental dispute

Using California law, the Indiana Court of Appeals ruled that an insurance company does not have to pay for an environmental cleanup, but the court noted it did not agree with the position of the Golden State and it would have ruled differently if Indiana law had been applicable.

Judge sets decorum rules for Shuai trial

Anticipating a high-profile, weeks-long trial beginning after Labor Day, a Marion County judge Friday laid down rules for public and media decorum in the criminal case against Bei Bei Shuai.

Opinions Aug. 1, 2013 ILD

Indiana Court of Appeals
Keith Ellis v. State of Indiana (NFP)
49A02-1212-CR-983
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/august/08011302cjb.pdf
Criminal. Affirms conviction for Class C felony robbery. Finds the prosecutor’s comments about Ellis’ decision to represent him at trial and not to testify did not rise to the level of fundamental error.

Donald R. Green v. State of Indiana (NFP)
18A02-1212-CR-1032
Criminal. Affirms conviction for domestic battery as a Class A misdemeanor.