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Opinions March 12, 2013 ILD

Indiana Court of Appeals
Henry Keith Holloway v. State of Indiana (NFP)
71A05-1202-CR-58
Criminal. Affirms conviction of Class C felony operating a vehicle after lifetime suspension and Class A misdemeanor operating a vehicle while intoxicated.

Jennifer Duff v. State of Indiana (NFP)
89A01-1206-CR-280
Criminal. Affirms aggregate executed sentence of 18 years in prison for conviction of one Class B felony count of dealing in a Schedule I controlled substance; eight counts of Class C felony forgery; one count of Class C felony robbery; five counts of Class D felony theft; and three counts of Class C felony fraud.

Brian L. Spurlock, Sally M. Spurlock v. Morequity, Inc. (NFP)
29A04-1207-MF-345
Mortgage foreclosure. Dismisses appeal from an entry of a foreclosure judgment against the Spurlocks.

Kevin Burrell v. State of Indiana (NFP)
71A05-1208-CR-434
Criminal. Affirms conviction and aggregate sentence of 105 years in prison for two counts of Class A felony attempted murder, Class C felony criminal recklessness and a criminal gang activity sentence enhancement.

Kenneth D. Helton v. State of Indiana (NFP)
47A01-1205-CR-200
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, Class D felony possession of marijuana and Class D felony maintaining a common nuisance, remanding to the trial court to correct a sentencing error. The appeals panel left in place an aggregate sentence of 23 years in prison but instructed the trial court to enhance the dealing in methamphetamine conviction by eight years instead of sentencing him separately for being a habitual substance offender.

John Ivy v. State of Indiana (NFP)
18A02-1205-PC-378
Post conviction. Affirms denial of post-conviction relief from a 65-year sentence for a conviction of murder, concluding the post-conviction court erred in finding that Ivy had waived two issues, but notwithstanding that error, Ivy failed to demonstrate he was entitled to post-conviction relief on any of his claims.

Gary Gardner v. State of Indiana (NFP)
49A05-1207-PC-379
Post conviction. Affirms in a divided opinion denial of post-conviction relief from a 90-year sentence for three counts of Class A felony child molesting, one count of Class C felony child molesting, and one count of Class C felony child exploitation. Senior Judge Betty Barteau and Judge Terry Crone formed the majority from which Judge Elaine Brown dissented, concluding that Gardner demonstrated ineffective counsel assistance because his appellate counsel failed to raise an issue related to the length of his sentence. Brown would find the trial court thus erred and remand for further proceedings.

Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

Opinions March 12, 2013

Indiana Supreme Court
Curtis A. Bethea v. State of Indiana
18S05-1206-PC-304
Post conviction. Affirms trial court denial of post-conviction relief, holding that Curtis Bethea, who pleaded guilty to armed robbery and criminal confinement in a deal that dropped seven other felony counts, was not improperly denied post-conviction relief when a judge considered evidence of charges that were dismissed.

2 Indiana law schools in top 25 of annual ranking

Using a new methodology that takes into account the number of graduates who found jobs in the legal profession, U.S. News & World Report released Tuesday its latest ranking of law schools.

Justices: Evidence of dismissed crimes allowable for post-conviction relief

A Delaware County man who pleaded guilty to armed robbery and criminal confinement in a deal that dropped seven other felony counts was not improperly denied post-conviction relief when a judge considered evidence of charges that were dismissed, the Indiana Supreme Court ruled Tuesday.

Justices take case alleging Wabash hazing

The Indiana Supreme Court will determine whether a college and a fraternity are liable for injuries a student received as a result of a prank, and whether the incident rises to hazing.

IBA: Register today for upcoming Member Gatherings!

Escape from your office to enjoy an hour with your colleagues and these engaging programs and speakers at this year’s lineup of IndyBar member gatherings. Save the dates and register today!

IBA: Do You Know the 5 Rules of Civility?

How do you want to be remembered when you retire from the practice of law? Or, if you have already retired, how do you hope your former colleagues speak of you now?

Blomquist: Funding our Guarantors of Democracy

Although it’s a challenge to separate the reality from the hype when discussing impact of sequestration on our court system, it is a necessary dialogue, and numbers and potential impact must be shared.

IBA: Racing Attorney Conference Returns to Indy in April

Indianapolis prides itself as the “racing capital of the world.” But even as numerous industries in Indiana have benefited enormously from motorsports, for many years the benefit to the legal community of Indiana was less certain.

IBA: Coaching To Help Meet Professional Goals

You’re an expert in the legal arena. You live and breathe assisting individuals in this litigious society … or so you thought. It doesn’t take long in your field to realize all those various law classes back in law school failed to cover the basics of managing a successful practice.