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Justice David creates retention website

Facing opposition over an opinion regarding unlawful police entry, Indiana Supreme Court Justice Steven David has established a website in an unusual effort to campaign for retention.

Prosecutor error insufficient to reverse murder conviction

A prosecutor improperly presented facts that were not in evidence and inflamed the passions and prejudices of jurors in a murder trial, but his improper conduct didn’t rise to the level of reversible error, the Indiana Court of Appeals ruled Friday.

Opinions Oct. 19, 2012 ILD

Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline Friday.

U.S. 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline Friday.

Indiana Court of Appeals
In Re the Marriage of Yan Wolfman v. Estelle Wolfman (NFP)
45A03-1201-DR-17
Domestic relations/divorce. Remands to the trial court to clarify division of assets.

Jeffery Sanders v. State of Indiana (NFP)
49A04-1203-CR-150
Criminal. Affirms conviction of Class D felony theft and adjuctication as a habitual offender.
 
Delareco Pacely v. State of Indiana (NFP)
44A03-1110-CR-488
Criminal. Affirms 18-year sentence for three convictions of Class C felony child molesting.

Albert Harris v. State of Indiana (NFP)
49A02-1205-PC-386
Post conviction. Affirms trial court denial of petition for post-conviction relief.

Brandon Boles v. State of Indiana (NFP)
49A02-1203-CR-226
Criminal. Reverses 10-day sentence for failure to complete community service as a requirement of a sentence for a conviction of public intoxication.

Donzahue Pearson v. State of Indiana (NFP)
49A02-1202-CR-119
Criminal. Affirms denial of motion to dismiss Class D felony charge of sex offender who failed to possess valid identification.  

Dean Eric Blanck v. State of Indiana (NFP)
29A02-1204-CR-281
Criminal. Affirms 730-day sentence after a guilty plea to charges of Class D felony resisting law enforcement and Class C misdemeanor operating while intoxicated.

 

Opinions Oct. 19, 2012

Indiana Court of Appeals
Rodney Killebrew II v. State of Indiana
34A02-1204-CR-303
Criminal. Reserves a conviction of possession of marijuana after concluding the trial court abused its discretion when it admitted evidence obtained at an illegal traffic stop. The court found the police officer had no grounds to stop the driver because the continuous use of a turn signal is not a traffic violation and the officer’s actions did not fall within his community caretaking function.

Lake County judge: RTW suit may proceed

A challenge to Indiana’s right-to-work law will proceed after a Lake County judge this week rejected the state’s request to dismiss a lawsuit filed by United Steelworkers.

Suit to be filed over meningitis outbreak

Attorneys for a Columbus woman who has developed symptoms of fungal meningitis after being treated with steroid injections are suing the drugmaker at the center of a widening outbreak blamed on tainted shots.

Bisard asks Supreme Court to rule on blood-draw admissibility

Attorneys for Indianapolis Metropolitan Police Department officer David Bisard have asked the Indiana Supreme Court to determine whether blood evidence may be admitted in his drunken driving and reckless homicide trial. Bisard was charged after driving his police cruiser into three motorcyclists who were stopped at an intersection, killing one.

Opinions Oct. 18, 2012 ILD

7th Circuit Court posted no opinions by IL deadline.

Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals
Daniel Nanos v. State of Indiana (NFP)
49A05-1205-CR-238
Criminal. Reverses denial of motion for jail time credit and remands so that Nanos is granted an additional six days of credit against all of his sentences.

Professional Veterinary Products, Ltd. v. Pharmakon Long Term Care Pharmacy, Inc. f/k/a LIberty Express Scripts, Inc., Paul Elmer, and Veterinary Inventory Solutions, Inc. (NFP)
49A02-1110-CC-980
Civil collection. Affirms order limiting Elmer’s personal liability for certain purchases by Veterinary Inventory Solutions Inc. to $3,000.

http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/october/10181203cjb.pdf

Gohmann Asphalt & Construction, Inc. v. Five Star Painting, Inc. (NFP)
10A04-1206-CC-324
Civil collection. Reverses order reinstating a complaint filed by Five Star Painting Inc.

Term. of the Parent-Child Rel. of A.B., Minor Child, and Her Father, S.M.B.; S.M.B. v. Indiana Dept. of Child Services (NFP)
53A01-1204-JT-147
Juvenile. Affirms termination of parental rights.

Blake Clayton v. State of Indiana (NFP)
49A05-1203-CR-129
Criminal. Affirms conviction of Class D felony pointing a firearm.

Bryan A.Ogle v. State of Indiana (NFP)
89A01-1202-CR-55
Criminal. Affirms Ogle was properly sentenced for both the Class B felony robbery conviction and habitual offender enhancement but that the court should have ordered the sentences to run consecutively.

Logan Wininiger, Richard Roberts, et al. v. Review Board of the Indiana Dept. of Workforce Development, New NGC, Inc. d/b/a National Gypsum Services Company (NFP)
93A02-1203-EX-225
Agency action. Affirms review board’s finding that claimants are ineligible for unemployment compensation because they were unemployed as a result of a labor dispute.

Robert Peacher v. Dennis Davis (NFP)
48A02-1110-SC-1027
Small claim. Affirms order dismissing Peacher’s action against Davis.

State of Indiana v. Shaun L. Steele (NFP)
20A03-1111-PC-502
Post conviction. Reverses grant of Steele’s PCR petition on the issue of double enhancement, but affirms the post-conviction court in all other respects. Remands for further proceedings.
.

 

Opinions Oct. 18, 2012

Indiana Court of Appeals
John A. Dugan v. State of Indiana
49A05-1202-PC-50
Post conviction. Reverses denial of petition for post-conviction relief. The court erred when it denied Dugan’s claim that Mills applied retroactively to his habitual offender enhancement. Remands for the court to vacate that enhancement.

Unslated candidate files suit against Marion County Election Board

A Democratic candidate for state representative for Indiana’s District 100 who was not slated by his party is suing the Marion County Election Board after the board ordered his election materials seized before the primary election for violating Ind. Code 3-14-1-2.

5th annual Southern District Court history symposium Nov. 16

7th Circuit Court of Appeals Judges John Tinder and David Hamilton – both former judges in the U.S. District Court for the Southern District of Indiana, are two of the featured speakers at the fifth annual Court History and Continuing Legal Education Symposium in the Southern District.

Judges order habitual offender enhancement vacated

A post-conviction court erred when it denied a defendant’s request for post-conviction relief to vacate a habitual offender enhancement, finding a case decided after the man’s direct appeal applies retroactively.

Opinions Oct. 17, 2012 ILD

7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Rel. of: A.R., V.R., C.R., and K.B.; and T.B. and C.R. v. The Indiana Dept. of Child Services and Lake County Court Appointed Special Advocates (NFP)
45A03-1201-JT-38
Juvenile. Affirms termination of parental rights.

In the Matter of the Term. of the Parent-Child Rel. of T.H.M.; T.H. and A.M. v. Indiana Dept. of Child Services (NFP)
02A03-1202-JT-61
Juvenile. Affirms termination of parental rights.

George Powells v. State of Indiana (NFP)
49A02-1204-CR-255
Criminal. Affirms conviction and sentence for Class C felony battery.

Curt Lowder v. State of Indiana (NFP)
49A04-1204-CR-160
Criminal. Affirms conviction and sentence for murder.

Mark Phillips v. State of Indiana (NFP)
71A03-1201-CR-35
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

Norman Barker v. State of Indiana (NFP)
49A02-1201-CR-20
Criminal. Affirms convictions and sentence for murder, felony murder, Class A felonies robbery and conspiracy to commit robbery, and Class A misdemeanor carrying a handgun without a license.

Indiana Tax Court posted no opinions by IL deadline.
 

Opinions Oct. 17, 2012

Indiana Supreme Court
J.M. v. Review Board of the Indiana Dept. of Workforce Development and T.C.
Agency appeal. Finds the court may rely on a different statutory ground of a just cause finding than the one relied upon by the review board when, as here, the review board’s findings of fact clearly establish the alternate subsection’s applicability. Affirms the review board under Indiana Code section 22-4-15-1(d)(5), that J.M. refused to obey instructions, and was thus fired for just cause. Affirms denial of unemployment benefits.

10 schools to schedule girls’ basketball on Friday, Saturday nights

By the 2016-2017 school year, boys’ and girls’ varsity basketball games at one high school will be equally scheduled on Friday and Saturday nights, according to a consent decree entered Monday in federal court. The agreement comes after a lawsuit challenged that girls’ games are typically scheduled on school nights or other non-preferred times.

Justices uphold denial of benefits for fired employee

Indiana Justice Steven David authored a unanimous opinion Wednesday in which the court held “when the facts of a case support more than one statutory ground for discharge, we are not confined to narrowly review the [Indiana Department of Workforce Development] Review Board’s decision when the facts point to the Review Board’s ultimately correct conclusion.”

Statute granting DCS immunity applies to nearly all of family’s claims

A case involving the Department of Child Services before the Indiana Court of Appeals Wednesday provided the court with two issues of first impression – the interpretation of a statute relating to the agency, and the liberty interests that may reside with extended family members involved in the lawsuit.