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Appeals court upholds dismissal of Star appeal on rehearing

The Indiana Court of Appeals granted The Indianapolis Star’s request for rehearing regarding the court’s decision to dismiss the newspaper’s appeal of a discovery order, but the court once again voted 2-1 to dismiss the appeal.

Opinions Jan. 18, 2013 ILD

Indiana Court of Appeals
Kelly Bertholet Stokes v. Estate of Kenneth Stokes (NFP)
64A05-1205-ES-237
Estate, supervised. Dismisses interlocutory appeal filed by Kelly Bertholet Stokes after her motion to correct error was denied following the denial of her motion for reimbursement of monies seized by bank.

Danielle Kelly v. State of Indiana (NFP)
30A01-1112-CR-584
Criminal. Grants rehearing to address Kelly’s claim that the court failed to consider a “dispositive fact” in its discussion regarding incriminating statements, but affirms opinion in all respects which upheld denial of Kelly’s motion to suppress.

Matthew A. Parks v. State of Indiana (NFP)
64A03-1202-CR-66
Criminal. Affirms conviction of Class C felony child molesting.

Jonathan Books v. State of Indiana (NFP)
25A03-1208-CR-357
Criminal. Affirms sanction for probation violation.
 

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.

Opinions Jan. 18, 2013

7th Circuit Court of Appeals
Linda K. Roddy v. Michael J. Astrue, Commissioner of Social Security
12-1682
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Tanya Walton Pratt.
Civil. Vacates judgment of the District Court and remands Roddy’s case for disability insurance benefits to the Social Security Administration for further proceedings. Finds the administrative law judge made a number of errors in his consideration of the record, in which he denied her benefits.

7th Circuit orders SSA take another look at woman’s case

Finding that the administrative law judge hearing a southern Indiana woman’s claim for disability insurance benefits made several errors in his consideration of the record, the 7th Circuit Court of Appeals sent the case back to the Social Security Administration for more proceedings.

Court properly admitted gun into evidence

The Indiana Court of Appeals upheld a man’s conviction of Class B felony unlawful possession of a firearm by a serious violent felon, rejecting his argument that the gun he tossed away while running from police should not have been admitted into evidence.

Judges uphold drug possession conviction, reverse habitual offender enhancement

A man who was arrested and charged with Class B felony possession of cocaine because he was within 1,000 feet of a family housing complex in Elkhart had his conviction upheld by the Indiana Court of Appeals Friday. But the judges reversed a habitual offender enhancement because the state didn’t prove that John F. Harris III had more than one dealing offense.

Judge dismisses federal right-to-work challenge

A U.S. District judge has dismissed a lawsuit filed in Hammond by a labor union challenging the state’s right-to-work law for failure to state a claim upon which relief can be granted. Chief Judge Philip P. Simon in the Northern District of Indiana did allow two counts claiming the law violates the Indiana Constitution to proceed in state court.

Opinions Jan. 17, 2013 ILD

Indiana Court of Appeals
Marilyn Carter v. State of Indiana (NFP)
49A02-1206-CR-457
Criminal. Affirms convictions for Class A misdemeanors resisting law enforcement and battery.

B.B., Jr. v. State of Indiana (NFP)
45A03-1205-JV-228
Juvenile.  Affirms adjudication as a delinquent for having committed what would be Class A misdemeanor cruelty to an animal if committed by an adult.

Jeff Clade v. Hunt Construction Group, Inc. (NFP)
49A02-1206-CT-509
Civil tort.  Grants rehearing to clarify original opinion and affirms, in which the Court of Appeals reversed summary judgment for Hunt on a negligence claim. Judge Riley would deny rehearing.

Steven Newville v. State of Indiana (NFP)
34A02-1205-CR-379
Criminal. Affirms Class A felony conviction of attempted rape.

Garrick P. Twiford, Jr. v. State of Indiana (NFP)
20A04-1205-CR-284
Criminal. Affirms conviction of Class A felony child molesting.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

Opinions Jan. 17, 2013

Indiana Court of Appeals
Daniel Brewington v. State of Indiana
15A01-1110-CR-550
Criminal. Reverses convictions and sentences for intimidation of Dr. Edward Connor and intimidation of Heidi Humphrey and remands with instructions to vacate, which does not alter Daniel Brewington’s aggregate sentence. Affirms conviction for intimidation of Judge James Humphrey and for attempted obstruction of justice relating to Connor. Affirms in all other respects.

COA affirms man’s conviction of intimidating Dearborn County judge

A Dearborn County man who posted numerous articles online about a Superior judge who presided over his divorce alleging the judge was corrupt and a child abuser had his conviction of intimidation related to the conduct upheld by the Court of Appeals Thursday. But the judges found intimidation convictions relating to a psychologist who performed the custody evaluation and the judge’s wife could not stand.

Fired rabbi loses appeal

A Bloomington rabbi terminated less than a year into his contract with Congregation Beth Shalom lost his case before the Indiana Court of Appeals. He claimed he was fired for reporting child abuse, but the congregation said his contract was terminated for other conduct that fell under the ministerial exception.

COA upholds mother’s relocation to Illinois

A trial court’s decision to allow a mother and her two children to move to Illinois after marrying her fiancé was not an abuse of discretion by the court because the father didn’t show how the move would have a negative effect on the children.

Probate, child seduction bills move out of committees

Several bills moved out of legislative committee this week, including one that would expand the definition of child seduction to include a mental health professional engaging in certain sexual behavior with a patient between 16 and 18 years old.

Mock trial judges needed for new tournament in Indianapolis

Indiana University Bloomington Mock Trial organization is seeking practicing attorneys as volunteers for its first tournament, the Hoosier Hoedown, in Indianapolis. The tournament is Jan. 26 and 27 in the Indianapolis City-County Building.

Opinions Jan. 16, 2013 ILD

Indiana Court of Appeals
Douglas Moyer & Irk v. David M. Dugger and Diana Dugger (NFP)
06A05-1203-CC-122
Civil collection. Affirms denial of Douglas Moyer & Irk’s motion for summary judgment on the Duggers’ suit to recover fees and vacation time they claimed they earned while employed with DMI.

Pablo Garcia-Gomez v. State of Indiana (NFP)
02A04-1206-CR-290
Criminal. Affirms three-year sentence for Class D felony domestic battery.

Christopher Hudson v. State of Indiana (NFP)
48A04-1207-CR-355
Criminal. Affirms conviction of Class C felony possession of a dangerous material or device by a prisoner.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

Senator files bill restricting educational credit time for sex offenders

Sen. Jim Merritt, R-Indianapolis, announced Wednesday that he has introduced legislation to revise the state’s education credit law for sex offenders. He said eight months ago that he would seek to change the law after a sex offender was released early after earning this type of credit.