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Opinions Dec. 4, 2012

December 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

December 4, 2012

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

December 4, 2012

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

December 4, 2012

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.

wind-2col.jpg

Drought fuels renewed drive for a statewide water policy

December 4, 2012

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

December 4, 2012

There’s a growing appetite by some in the Legislature for leniency.

COA affirms on rehearing its ruling against Bloomington dry cleaner

December 4, 2012

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

December 4, 2012

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

December 4, 2012

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

December 4, 2012

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

December 4, 2012

Justice Loretta Rush says a unified commission on children can bring stakeholders together and improve outcomes.

loretta-rush-2col.jpg

Retired Supreme Court justice joins Indiana Business Law Survey Commission

December 3, 2012

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

December 3, 2012

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

December 3, 2012

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

December 3, 2012

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

December 3, 2012

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

December 3, 2012

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.

Opinions Dec. 3, 2012 ILD

December 3, 2012

The for-publication decisions issued today are detailed in the stories above. The Indiana Supreme Court and Tax Court issued no opinions by IL deadline.

Indiana Court of Appeals
Mark Graber v. State of Indiana (NFP)
49A02-1205-CR-365
Criminal. Vacates and remands to the trial court with instructions to clarify the chronological case summary. The court is to enter an order confirming that a single public defender fee of $50 was imposed at the initial hearing and all sums previously paid are credited against that amount due and owing.

Monica Leigh Fortner v. Paul Leon Fortner, III (NFP)
84A01-1204-DR-162
Domestic relations/custody. Affirms award of joint custody of the Fortners’ 2-year-old daughter, S.F.

 

Opinions Dec. 3, 2012

December 3, 2012

Indiana Court of Appeals
State of Indiana v. Terry J. Hough
64A05-1203-MI-113
Criminal. Affirms trial court’s grant of a petition that Hough’s name be removed from the Indiana Sex Offender Registry, holding that requiring him to register for a Pennsylvania rape committed before the establishment of the registry would violate the Indiana Constitution’s prohibition of ex post facto laws.

Durham gets 50 years for fraud scheme

November 30, 2012

Tim Durham will likely spend the rest of his life behind bars after a federal judge on Friday sentenced the disgraced playboy and businessman to a 50-year prison term for defrauding Ohio investors of $250 million.

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In This Issue

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Immigration attorneys worry how ICE detainees will be treated at two slated Indiana sites

  • Birth certificate changes for seven transgender Hoosiers are in limbo

Most Read
  • Former credit union manager indicted on fraud charges

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • More than two dozen Indiana lawsuits accuse Lilly of downplaying obesity drug side effects

  • Dustin Houchin: Taking a closer look at questions of justice and mercy

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