DTCI: New Officers Elected
At the November annual meeting of the Defense Trial Counsel of Indiana, the following officers were elected. They will assume office Jan. 1, 2013.
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DTCI Honors Outstanding Lawyers & Leaders
The Defense Trial Counsel of Indiana bestowed its annual awards on the outstanding defense lawyers of 2012 and thanked its past and future leaders for their willingness to serve their colleagues and the civil justice system in Indiana. Click to view photos.
Opinions Dec. 4, 2012 ILD
Indiana Court of Appeals
Brian A. McKinney v. State of Indiana (NFP)
41A05-1203-CR-126
Criminal. Affirms convictions of Class C felonies robbery and escape and Class D felony residential entry.
B.W. v. State of Indiana (NFP)
49A02-1205-JV-421
Juvenile/criminal. Affirms adjudication as a delinquent for committing acts that would constitute residential entry as a class D felony and criminal mischief as a class B misdemeanor if committed by an adult.
Robert E. Eastwood v. State of Indiana (NFP)
07A04-1202-CR-64
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting and Class D felony fondling in the presence of a minor.
Richard Eric Johnson v. Gillian Wheeler Johnson (NFP)
49A05-1202-DR-81
Domestic relations. Affirms in part, reverses in part and remands to the trial court with instructions to recalculate child support and amend its order accordingly.
S.J. v. State of Indiana (NFP)
49A05-1203-JV-147
Juvenile. Affirms commitment of S.J. as a ward of the Department of Correction following true findings for burglary and theft.
Opinions Dec. 4, 2012
Indiana Court of Appeals
Jerry Vanzyll v. State of Indiana
34A02-1111-CR-1050
Criminal. Affirms in part, reverses in part and remands to the trial court convictions of Class B felony dealing in methamphetamine, Class D felonies of possession of meth and possession of chemical reagents or precursors with intent to manufacture a controlled substance, and Class A misdemeanor resisting law enforcement. The court affirmed the drug convictions but ordered the resisting conviction vacated because it held there was insufficient evidence to prove that Vanzyll fled.
Conour still without counsel
Ex-attorney William Conour still has not secured legal counsel in his federal wire fraud case, he told Chief Judge Richard Young during a status hearing conducted by phone Tuesday.
Resisting conviction reversed, but meth convictions stand
A man who was convicted of multiple methamphetamine felonies had his misdemeanor resisting law enforcement conviction reversed, but the Court of Appeals was not persuaded to overturn his drug convictions.
Possible end of tax credit leaves future renewable energy sources up in the air
Newton County lawyer Dan Blaney has a blunt reaction to the potential end of a federal subsidy that has enabled the rise of wind energy in his part of the state. “We’re in trouble,” he said.
Drought fuels renewed drive for a statewide water policy
The Indiana Chamber of Commerce is finding that there is nothing quite like a dry, arid, hot summer to spark people’s interest in water.
Lawmakers to look at marijuana penalties
There’s a growing appetite by some in the Legislature for leniency.
COA affirms on rehearing its ruling against Bloomington dry cleaner
The Indiana Court of Appeals rejected on rehearing a Bloomington dry cleaner’s request that it reconsider its August ruling that went against him.
King Celebration to place special emphasis on community service
Two new activities promoting public service will be part of the 22nd Annual Dr. Martin Luther King Jr. Indiana Holiday Celebration and Youth Summit.
IU professor helps get pesky scrivener’s error removed from Trademark Act
One pesky scrivener’s error that altered the protection provided by the Trademark Dilution Revision Act of 2006 has been corrected thanks to the efforts of an Indiana University professor.
COA rehearing restates trial court survey remedies
The Indiana Court of Appeals granted rehearing in a Starke County case in which the reliability of a survey is at issue.
Strategic planning needed to improve child services
Justice Loretta Rush says a unified commission on children can bring stakeholders together and improve outcomes.
Retired Supreme Court justice joins Indiana Business Law Survey Commission
Retired Indiana Supreme Court Justice Frank Sullivan Jr. has been appointed to the Indiana Business Law Survey Commission.
7th Circuit affirms drug conspiracy judgments, cautions prosecution
Nine defendants who were convicted in federal court of drug conspiracy for distributing methamphetamine and marijuana will continue to serve their sentences after the 7th Circuit Court of Appeals affirmed the judgments but issued cautions for federal prosecutors.
Religious bent of Indiana’s marriage statute is not unconstitutional, federal court rules
The Center For Inquiry, a non-profit that promotes a secular society based on science and reason, plans to appeal a federal court’s ruling that Indiana’s Solemnization Statute is constitutional.
Successful Durham appeal unlikely, outside lawyers say
The co-owners of Fair Finance Co. who were sentenced Friday on federal fraud charges plan to appeal their convictions, lawyers for the two men say.
Immigration cases dominate federal system, report says
Immigration prosecutions have surpassed those for drug crimes in federal courts, according to data released by the U.S. Sentencing Commission in its Overview of Federal Criminal Cases for Fiscal Year 2011.
COA affirms sex offender’s removal from registry
A man convicted of rape in Pennsylvania in 1993 is not required to register as a sex offender in Indiana, the Court of Appeals affirmed Monday.