Criticism of judge results in discipline case
Indianapolis attorney and blogger Paul Ogden speaks his mind, sometimes to his disadvantage, he concedes. Now he could lose his law license because of things he wrote.
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Seeking an exclusion for innocent co-insured
A LaPorte County woman who lost her home to a fire allegedly started by her estranged husband is at the center of a legal dispute with her insurance company that could set precedent.
‘Pleading the Fifth’ not the same as admitting to criminal act
A reference made during a trial to “pleading the Fifth” is not an admission of a crime and, therefore, by itself is not grounds for a mistrial, the Indiana Court of Appeals has ruled.
Elementary students showcase their knowledge of the US Constitution
A total of 350 fifth-grade students from seven schools around Indiana demonstrated their knowledge of the U.S. Constitution Friday at the state Capitol during the We The People elementary showcase.
Lengthy gun sentence affirmed in 2011 hotel standoff
A federal prison sentence of more than 33 years was upheld Monday for a career criminal convicted of leading police on a chase, assaulting an officer until he lost consciousness and staging an armed, four-hour standoff at an Indianapolis hotel in August 2011.
Opinions May 20, 2013 ILD
Indiana Court of Appeals
Jeffery S. Williams v. State of Indiana (NFP)
59A05-1209-CR-487
Criminal. Affirms in part and reverses in part Williams’ 15-year sentence for pleading guilty to one court of possession of methamphetamine as a Class B felony. Remands for the trial court to decide whether to grant Williams credit for his pre-trial release on bond. Rules Williams failed to show the trial court abused its discretion when it did not enter a written sentencing statement with an explanation for the sentence imposed. Expresses no opinion on Williams’ claim the trial court abused its discretion by failing to recognize mitigating factors. Finds that Williams failed to meet his burden of establishing that his sentence was inappropriate.
Gina West v. Midland Credit Management, Inc. (NFP)
03A01-1208-CC-395
Civil collection. Reverses the denial of motion to set aside a default judgment. Rules West had shown prima facie error in the denial of her motion as her motion did not have to be brought within a year and she proved service was improper.
Kevin E. Scheumann and Tina Reynolds v. Danny Clark, Jason L. Little, Recovery One LLC, Renovo Services LLC, Renaissance Recovery Solutions LLC, Citifinancial Auto Credit Inc., et al. (NFP)
02A03-1210-CT-448
Civil tort. Affirms trial court entering final judgment in favor of Renovo Services LLC on its summary judgment ruling. Found the trial court did not err in finding that Renovo was not liable for any of the plaintiffs’ claims or any wrongdoing of the independent contractors under a theory of respondeat superior.
Creditmax, Inc. v. Steve D. Jones (NFP)
03A05-1211-CC-598
Civil collection. Affirms trial court’s order that entered a limited garnishment of Jones’ wages in the amount of $20 per week in favor of Creditmax.
George Johnson v. State of Indiana (NFP)
49A02-1207-CR-616
Criminal. Affirms Johnson’s 20-year sentence imposed following his convictions of Class B felony criminal confinement and Class A misdemeanor battery. Ruled in light of Johnson’s character and offense, the sentence is not inappropriate.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
Appeals panel voids gun conviction, cuts child porn sentence
An Indianapolis man sentenced to 11 years in prison for possession of child pornography and a felony gun charge had his most serious conviction vacated and his sentence reduced to no more than four years.
Opinions May 20, 2013
7th Circuit Court of Appeals
United States of America v. John W. Bloch, III
12-2784
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms in part, reverses in part and remands. The court affirmed a conviction of firearm possession by a felon, but found error in convictions of two counts under 18 U.S.C. Section 922 because the possession of two firearms arose from the same incident. Ordered the District Court for the Northern District of Indiana to merge the convictions and resentence Bloch on a single count.
Court rules county may re-establish hospital building fund
Jasper County was improperly denied the ability to establish a cumulative building fund and tax levy to enlarge and remodel a hospital, the Indiana Tax Court ruled.
7th Circuit orders resentencing, muses ‘wine speaks truth’ in felon gun case
An Elkhart felon’s defense that he was drunk at the time he told police that guns they confiscated from his girlfriend’s apartment belonged to him failed to sway the 7th Circuit Court of Appeals, which did find another error and order him to be resentenced.
Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
Indianapolis attorney Arthur J. Usher IV’s rejected romantic advances toward a summer intern led him to have his paralegal email more than 50 attorneys a video clip purporting to depict the former intern nude in a film, according to the Indiana Supreme Court. Usher’s bid to discredit and humiliate her while she was seeking employment resulted in a three-year suspension on Friday.
Judges restate: no guns in City-County Building
A 2007 order banning guns and weapons from the Indianapolis City-County Building that houses most of Marion County’s Circuit and Superior courts remains in force despite questions raised after the Indiana Legislature widely voided local gun regulations.
Opinions May 17, 2013 ILD
Indiana Court of Appeals
Ladonna A. Reck, As Personal Rep. of the Estate of Evelyn L. Holmes v. Harry Clifton Knight, M.D., Mona Siddiqui Saifullah, M.D., Community Health Network, Inc., et al. (NFP)
49A05-1208-CT-428
Civil tort/medical malpractice. Affirms denial of motion to correct error filed following dismissal of the proposed complaint after a statutorily imposed deadline passed.
Robert V. Allen v. State of Indiana (NFP)
71A03-1209-CR-408
Criminal. Affirms conviction of Class D felony theft.
Rodney D. Mosby v. State of Indiana (NFP)
71A04-1209-CR-469
Criminal. Affirms conviction of Class B felony robbery and Class A misdemeanor resisting law enforcement.
The Indiana Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
Opinions May 17, 2013
Indiana Supreme Court
State of Indiana ex rel. Glenn D. Commons, et al. v. The Hon. John R. Pera, et al.
45S00-1303-OR-209
Original action/judiciary. Grants in part and denies in part relief sought by relators, Lake County magistrates, who sought to prevent civil division Judge Nicholas Schiralli from transferring to the juvenile bench. The court held that Schiralli, who had not been appointed to the bench through merit selection, may not transfer without first being appointed through merit selection. The court denied the magistrates’ request that no judicial transfers be allowed without merit selection. The court denied Lake County judges’ assertion that the Lake County merit selection statute in question, I.C. 33-33-45-21(e), is unconstitutional.
Class A felony sentences not inappropriate under Appellate Rule 7(B)
Two convicted child molesters will spend more time incarcerated after the Indiana Supreme Court ruled their sentences were not inappropriate under Appellate Rule 7(B).
Justices block Schiralli’s Lake County bench transfer
The Indiana Supreme Court blocked the transfer of a judge who sought to replace former Lake Superior Juvenile Court Judge Mary Beth Bonaventura after her appointment to head the Department of Child Services.
Opinion May 16, 2013 ILD
Indiana Court of Appeals
Tammy Spengler v. State of Indiana (NFP)
88A01-1207-CR-318
Criminal. Affirms trial court acted within its discretion in admitting the jailhouse recordings of Spengler’s conversation with her co-defendant and mother, and the evidence is sufficient to sustain her convictions of murder, aiding in murder and invasion of property. Affirms sentence is appropriate.
In the Matter of the Adoption of A.V.W. and R.V.W.; E.S. v. D.K. and J.K. (NFP)
55A05-1210-AD-551
Adoption. Affirms grant of D.K. and J.K.’s petitions to adopt the minor children.
Gregory Johnson v. State of Indiana (NFP)
49A02-1209-CR-709
Criminal. Affirms convictions of Class A felony dealing in cocaine and dealing in a narcotic drug.
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 May 16, 2013
Indiana Court of Appeals
Jason Lee Sowers v. State of Indiana
08A02-1208-CR-640
Criminal. Reverses convictions of Class D felonies criminal recklessness and resisting law enforcement. The bailiff improperly communicated with the jury foreperson, resulting in fundamental error. Remands for further proceedings. Judge Bradford dissents.
Bailiff’s communication with juror leads to reversal of convictions
The bailiff at a man’s trial for criminal recklessness and resisting law enforcement improperly communicated with the jury foreperson regarding reaching a verdict, leading the Indiana Court of Appeals to reverse Jason Lee Sowers’ convictions.