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6 bills in Indiana Statehouse aimed at slowing the manufacture of meth
The description Rodney Cummings gives of Madison County makes the central Indiana area sound like a war zone. The source of the problem is the manufacture and abuse of methamphetamine, a volatile mix of medicine and toxins that forms a highly addictive drug.
Indiana Sen. Mike Delph’s bills raise brows in legal community
Senator drops “loser pays” attorney fees plan, but other bills target grand juries and propose retention supermajority.
Barrister brewers
Indiana University Robert H. McKinney School of Law graduates forgo legal careers to become craft beer makers in Indianapolis.
Marsh pilot says he flew former CEO to see mistresses
Don Marsh’s personal pilot told jurors Monday morning that he ferried the former CEO of Marsh Supermarkets Inc. to New York City at least twice a month in a year’s span to visit one of his mistresses.
Fraud victim files civil suit against ex-councilor
An Indianapolis physician who lost $1.7 million in a fraud scheme orchestrated in part by former Democratic City-County Councilor Paul C. Bateman Jr. has sued Bateman and two associates in Marion Circuit Court.
Opinions Feb.11, 2013 ILD
Indiana Court of Appeals
AT&T v. Atlas Excavating, Inc. (NFP)
79A02-1207-PL-552
Civil plenary. Reverses trial court’s denial of AT&T’s motion for summary judgment and remands the matter to the lower court with instructions to vacate its judgment in favor of Atlas, enter a summary judgment in favor of AT&T, and conduct proceedings to determine damages.
Tammy Syers v. JKL Construction & Home Maintenance (NFP)
82A05-1205-CC-276
Civil collection. Affirms trial court’s judgment in favor of JKL Construction & Home Maintenance. Concludes JKL’s mechanic’s lien was timely filed and that the lien is not void because of an overstatement in amount.
Thomas Oakley v. State of Indiana (NFP)
53A01-1204-CR-148
Criminal. Affirms five-year sentence following a guilty plea to carrying a handgun without a license, a Class C felony.
Manuel Lloyd Jamersen v. State of Indiana (NFP)
45A03-1206-CR-257
Criminal. Affirms sentence for Count I child molesting, a Class A felony; and Count II attempted child molesting, a Class A felony. Finds the trial court did not abuse its discretion in sentencing Jamersen.
Ernestine Waldon, Christine Hampshire, and Vergie Small v. Donna Wilkins, MD, Joshua Williams, and Rodney Barber, and Carl Barber, Jr. (NFP)
18A02-1203-PL-222
Civil plenary. Affirms in part, reverses in part and remands with instructions to reinstate Waldon’s replevin claim. Concludes the trial court properly dismissed Waldon’s claims against appellees stemming from the execution of the trial court’s demolition order under the doctrine of quasi-judicial immunity and immunity arising from the Indiana Tort Claims Act. However, finds the trial court erred when it dismissed Waldon’s replevin claim contained in the amended complaint.
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 Feb. 11, 2013
Indiana Court of Appeals
Michael Gray v. State of Indiana
49A02-1205-CR-352
Criminal. Affirms conviction and sentence of Class D felony possession of cocaine, holding that the court erred in failing to allow a defendant to play a tape of an officer’s deposition that contained inconsistent statements, but that the error was harmless because other evidence at trial strongly pointed to Gray’s guilt.
Prosecutor requesting life without parole for 3 defendants in Indianapolis explosion
Marion County Prosecutor Terry Curry has decided to request life sentences without parole, instead of the death penalty, for the three defendants charged in the Richmond Hill subdivision explosion.
Court error denying police deposition in drug case harmless, COA rules
A Marion Superior Court should have allowed a defendant to play parts of a police officer’s deposition for impeachment purposes, but the Indiana Court of Appeals ruled that failing to admit his inconsistent statement was harmless error.
In affirming DUI on appeal, judges include predictive warning
An argument made on appeal in a drunken-driving case that the person who certified the operating condition of a breath-test machine should have been required to testify was rejected Monday by the Indiana Court of Appeals, which also warned in a footnote that such a ruling could cost criminal defendants.
Floyd County attorney charged with drunken driving
A southern Indiana lawyer who serves as the attorney for Floyd County government faces drunken driving charges after his arrest on Feb. 7.
Applications open for St. Joseph judgeship
Applications are being accepted for a forthcoming vacancy on the St. Joseph Superior Court, the Indiana Supreme Court has announced.
Opinions Feb. 8, 2013 ILD
Indiana Court of Appeals
Estate of Ruby L. Rowland: James A. Rowland, Jr. v. Michael B. Rowland (NFP)
48A02-1203-ES-223
Estate, supervised. Affirms the trial court’s denial of the Estate’s petition to recover assets. Ruled the trial court properly found that the presumption of undue influence does not apply and properly found the Estate failed to prove that the statutory presumption for survivorship rights was overcome.
Louis Townsend v. State of Indiana (NFP)
48A04-1207-PC-389
Post conviction. Affirms trial court’s denial of Townsend’s petition for relief. Found the post-conviction court did not err when it concluded that Townsend did not receive ineffective assistance of trial and appellate counsel and when it concluded Townsend was not entitled to post-conviction relief on the basis of newly-discovered evidence.
The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline. The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.
Opinions Feb. 8, 2013
Indiana Court of Appeals
Billy Russell v. State of Indiana
49A04-1203-CR-148
Criminal. Affirms conviction and sentence on charges of murder and Class B felony possession of a firearm by a serious violent felon. The panel found that the trial court did not abuse its discretion in refusing to completely bifurcate the trial of the SVF charge from the murder charge or in refusing to tender Russell’s self-defense jury instruction. The court also determined the 85-year sentence was not inappropriate.
COA affirms murder conviction and sentence over self-defense claim
An Indianapolis man who was convicted and sentenced to 85 years in prison for killing a man who threatened his life and the lives of people inside his home lost his appeal Friday.
Renewal of $50 mortgage foreclosure filing fee advances in House
A $50 filing fee on mortgage foreclosure actions that expired Jan. 1 would be renewed for two years under legislation that advanced this week in the Indiana House of Representatives.
Thief who aimed to teach victim ‘lesson’ gets no relief on appeal
An Indianapolis man who said he stole a video monitoring system and car wash tickets to teach the victim a lesson about leaving valuables in an unlocked car lost his appeal Friday.
Former Marsh CFO sought out bankruptcy lawyers
A former top executive of Marsh Supermarkets Inc. became so concerned about the company’s deteriorating finances less than a decade ago that he took the desperate step of meeting with bankruptcy lawyers.
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