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On The Move highlights employment news, awards and honors attorneys receive, and board appointments or elected positions. Digital images should be 200 dpi and saved as eps, tiff or jpg. Color images are preferred. Information must be submitted at least 10 days before the Wednesday issue in which it is to appear. Submit your announcement […]
The 7th Circuit Court of Appeals issued no Indiana opinions, and the Indiana Supreme Court and Tax Court issued no opinions, prior to IL deadline.
Indiana Court of Appeals
Dejuan T. Lowe v. State of Indiana (NFP)
71A03-1206-CR-264
Criminal. Dismisses as untimely Lowe’s appeal of sentence following guilty pleas to multiple felony charges of burglary and attempted burglary.
Jasmine Snow v. Robert Hicks (NFP)
49A04-1205-DR-267
Domestic relation/divorce. Affirms custody, support, retroactive support and alternating tax exemption, reverses trial court order on arrearage.
Indiana Court of Appeals
Dejuan T. Lowe v. State of Indiana (NFP)
71A03-1206-CR-264
Criminal. Dismisses as untimely Lowe’s appeal of sentence following guilty pleas to multiple felony charges of burglary and attempted burglary.
In one of his last official acts as governor of Indiana, Mitch Daniels appointed judges to the Vanderburgh and Marion Superior courts. When the two judges will assume their new duties has not been determined.
Chief Justice Brent Dickson will deliver his first State of the Judiciary address to the Indiana General Assembly at 2 p.m. EST on Jan. 23.
The Indiana Court of Appeals reversal of an adult murder conspiracy conviction of a then-12-year-old should be reviewed by the state Supreme Court, Attorney General Greg Zoeller said in a statement late Thursday.
Indianapolis Motor Speedway announced Thursday it will pursue full compliance with the Americans with Disabilities Act in what an attorney involved in the matter said could be the largest settlement agreement under the 1990 law.
Indiana Court of Appeals
Marc Warren v. State of Indiana (NFP)
49A04-1206-PC-301
Post conviction. Affirms denial of petition for post-conviction relief.
Carl E. Bowman v. State of Indiana (NFP)
35A02-1205-CR-431
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class D felony possession of methamphetamine, Class B felony conspiracy to commit dealing in methamphetamine and Class A misdemeanor possession of paraphernalia.
Miguel Castillo v. State of Indiana (NFP)
46A03-1204-CR-158
Criminal. Affirms convictions and sentence for Class B felony criminal confinement, Class C felony battery, Class D felony strangulation and for being a habitual offender.
Indiana Supreme Court
Andre Gonzalez v. State of Indiana
45S03-1206-CR-307
Criminal. Reverses denial of petition to remove the lifetime registration requirement and remands for further proceedings. Finds the Ex Post Facto Clause of the Indiana Constitution prohibits retroactive application of a lifetime registration requirement for Gonzalez, whose requirement to register for life was added while he was completing the 10-year required registration as a sex offender that was in place at the time due to his child solicitation conviction. Justice Rucker concurs in result.
The Indiana Supreme Court held Thursday that based on the facts of a Lake County man’s case, a 2006 amendment requiring him to register for life as a sex offender violates the Ex Post Facto Clause of the Indiana Constitution. The amendment took effect after Andre Gonzalez fully served his sentence and during the 10-year period of his required registration.
The Indiana Supreme Court has issued a 33-page order that spells out the changes to the state’s parenting time rule and guidelines. The amendments take effect March 1, 2013.
The Senate Committee on Corrections & Criminal Law voted this week to move legislation that will allow an indictment or information to be amended to include a habitual offender charge at any time before trial, as long as the amendment doesn’t prejudice the substantial rights of the defendant.
The art project to honor retired Indiana Chief Justice Randall T. Shepard is continuing to draw contributions as the unveiling of the winning design nears.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.
Indiana Court of Appeals
Aaron Johnson v. State of Indiana (NFP)
32A01-1206-CR-270
Criminal. Affirms conviction of Class D felony battery.
Marty L. Armes v. State of Indiana (NFP)
28A01-1207-CR-299
Criminal. Affirms probation conditions are not ambiguous, overbroad, unconstitutionally vague or unreasonable, and the trial court’s sentence for two counts of Class B felony sexual misconduct with a minor is not inappropriate.
Brian E. Green v. State of Indiana (NFP)
63A04-1203-CR-141
Criminal. Affirms interlocutory order denying motion to suppress evidence seized after officers stopped the vehicle in which Green was a passenger.
Jack Lee v. State of Indiana (NFP)
29A02-1205-CR-384
Criminal. Affirms conviction and sentence for Class A misdemeanor operating a vehicle while intoxicated.
Troy Crim v. State of Indiana (NFP)
49A02-1204-CR-276
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class C misdemeanor.
Gerald Mickens v. State of Indiana (NFP)
49A02-1112-PC-1162
Post conviction. Affirms denial of petition for post-conviction relief.
Juan C. Duarte-Lopez v. State of Indiana (NFP)
20A03-1205-PC-238
Post conviction. Affirms denial of petition for post-conviction relief.
7th Circuit Court of Appeals
United States of America v. Michael D. Weir
11-3321
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane Magnus-Stinson.
Criminal. All the judges on the original panel have voted to deny the petition for rehearing and no judge in regular active service asked for a vote on the petition for rehearing en banc. The petition is therefore denied. Weir complained that his Fourth Amendment rights were violated when a police officer seized $6,655 from him during a traffic stop.
The 7th Circuit Court of Appeals denied a man’s petition for rehearing and for a rehearing en banc after the court originally upheld the seizure of thousands of dollars following a traffic stop. But one judge did write to explain that she disagreed with her fellow panel members’ rationale for originally affirming the seizure.
A Tippecanoe County man appealing the issuance of a protective order against him lost his case before the Indiana Court of Appeals Wednesday. The appellate court concluded that the evidence showed his wife is a victim of domestic violence.
Indiana Solicitor General Thomas M. Fisher drafted an amicus brief filed in the Supreme Court of the United States Monday in Town of Greece, N.Y. v. Galloway, 12-696. The brief, joined by 17 other states, asks the nation’s highest court to grant cert petition and issue a ruling clarifying that prayer is permitted before legislative bodies without requiring leaders to screen prayers for sectarian references.
The United States Courts announced Tuesday that it is seeking comment from the public on proposed updates to the bankruptcy forms used by individual debtors. These changes are the first proposed modernization of the forms in two decades.
The 7th Circuit Court of Appeals praised a homebuilder for its quick response and remedy to a couple’s discovery that their brand new home was full of backed-up sewage. But because Arbor Homes didn’t get the consent of the insurer regarding a settlement, the insurer has no obligation to pay for the cleanup.