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Bankruptcy cases filed in federal courts for the 12-month period ending Sept. 30 were down 14 percent as compared to fiscal year 2011, the Administrative Office of the U.S. Courts announced Wednesday. Filings are down more than 11 percent in the Northern and Southern District courts of Indiana.
Attorneys can get two hours of free continuing legal education credit at a public access seminar next week in Greenfield, the last in a statewide series this year. The event is open to the public and will focus on Indiana’s public records and open government meeting laws.
The following are not-for-publication decisions released by IL deadline. For publication decisions are detailed in the stories above.
Indiana Court of Appeals
Cornelius Hooten v. State of Indiana (NFP)
49A02-1204-CR-266
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
Cameron Williams v. State of Indiana (NFP)
49A04-1109-PC-502
Post conviction. Affirms denial of petition for post-conviction relief.
John Salter v. State of Indiana (NFP)
27A02-1203-CR-275
Criminal. Dismisses appeal of conviction following guilty plea.
In the Matter of C.C., (Minor Child), a Child in Need of Services; M.W., Mother v. Indiana Dept. of Child Services, Child Advocates, Inc. (NFP)
49A04-1203-JC-127
Juvenile. Affirms adjudication of 17-year-old C.C. as a child in need of services.
In the Matter of the Parent-Child Rel. of: K.E.G.-H. and D.G. v. The Indiana Dept. of Child Services (NFP)
51A01-1204-JT-174
Juvenile. Affirms termination of parental rights.
LaQuinton Leonard v. State of Indiana (NFP)
71A03-1203-CR-128
Criminal. Affirms conviction and sentence for murder.
Cherie Solms v. Michael Solms (NFP)
27A02-1204-PO-279
Protective order. Reverses dismissal of petition for an order of protection against Michael Solms. Remands with instructions.
Brian Gale Waters v. Indiana Real Estate Commission, et al. (NFP)
49A02-1112-MI-1165
Miscellaneous. Reverses and remands with instructions to dismiss Waters’ complaint for lack of subject matter jurisdiction.
Brandon Price v. State of Indiana (NFP)
49A04-1203-CR-154
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon, reverses public defender fee and remands for further proceedings.
Vincent O. Dates v. State of Indiana (NFP)
84A05-1203-CR-134
Criminal. Affirms conviction of Class A felony dealing in cocaine.
Thomas Dudley and Barbara Dudley v. The Estate of Earl Studtmann (NFP)
46A03-1204-PL-147
Civil plenary. Reverses entry of summary judgment for the estate and remands for further proceedings.
James S. Shidler v. State of Indiana (NFP)
37A05-1204-CR-186
Criminal. Affirms conviction and sentence for Class A felony conspiracy to commit murder.
Adrian Lotaki v. State of Indiana (NFP)
71A03-1106-PC-284
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Supreme Court
Michael Kucholick v. State of Indiana
12S02-1211-CR-630
Criminal. Justices grant transfer and order Kucholick’s sentence for Class C felony criminal recklessness and Class B misdemeanor criminal mischief revised to the advisory term of four years, all executed. Summarily affirms Court of Appeals decision in all respects. Chief Justice Dickson dissents, believing the trial court’s sentence of seven years should be affirmed.
In a divided per curiam opinion released Wednesday, the Indiana Supreme Court granted transfer to a case and agreed that a man’s aggregate sentence for criminal recklessness and criminal mischief should be revised to four years.
A former employee is entitled to commissions owed to him after he left a real estate company, the Indiana Court of Appeals affirmed Wednesday. The judges also found the ex-employee is entitled to prejudgment interest.
The Indiana Court of Appeals reversed a decision by a DeKalb Superior judge that Fred and Mary Anna Feitler were personally liable for unpaid bills to subcontractors on their home, which was being constructed on land owned by a trust to which they were sole beneficiaries.
Tammy R. Davis, the Democratic challenger to incumbent Republican Judge Steven J. Cox of Franklin Circuit Court, appears to have lost her bid to take over Cox’s spot on the bench. According to unofficial numbers from the Indiana Secretary of State’s office Wednesday morning, Davis received around 4,500 votes; Cox received nearly 6,000 votes.
Indiana Attorney General Greg Zoeller defeated Democratic candidate Kay Fleming and will remain attorney general for four more years.
Collecting more than a million “yes” votes each, Indiana Justices Steven David and Robert Rucker have been retained in office. David faced opposition from some who disagreed with the majority opinion he authored regarding unlawful police entry into homes.
The 7th Circuit Court of Appeals released no Indiana opinions before IL deadline. The opinion stories above were issued by the Indiana Supreme Court and Tax Court on Monday. State courts are closed Tuesday for Election Day.
Indiana Supreme Court
State of Indiana v. Elvis Holtsclaw
49S02-1205-CR-264
Criminal. Reverses dismissal of state’s notice of appeal and remands to the Court of Appeals for consideration of its merits, holding that the appeal is timely under Appellate Rule 9.
The Indiana Supreme Court on Monday reversed a divided Court of Appeals panel’s dismissal of an appeal of suppression of evidence in a drunken-driving case.
A dispute over a property tax assessment of a mobile home park is a case of buyer’s remorse and not indicative of an error by the Indiana Board of Tax Review, the Indiana Tax Court has ruled.
The Indiana Supreme Court late Monday reconciled conflicting interpretations of the “bodily injury” requirement for domestic battery and other criminal offenses using that language, concluding that any such offense that causes the victim physical pain meets the test.
Noting that determining the assessed value of a property is not an exact science, the Indiana Tax Court rejected a property owner’s assertion that the county assessor’s appraisal was improperly given greater weight.
The Indiana Supreme Court agreed Nov. 1 to hold off on proceeding with a disciplinary investigation of former Indiana Secretary of State Charlie White after White requested a stay. His law license, which was suspended in May, remains suspended.
Indiana regulators have suspended the license of a Massachusetts pharmacy at the center of a deadly meningitis outbreak.
Average starting salaries for legal professionals in the United States are projected to rise 3.0 percent overall in 2013, according to the just-released Robert Half Legal 2013 Salary Guide.