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Opinions Sept. 12, 2012

September 12, 2012

Indiana Court of Appeals
Dezmon Gaines v. State of Indiana
34A05-1201-CR-21
Criminal. Affirms denial of motion to suppress evidence. Indiana Code 9-19-19-4 is not void for vagueness and the officer’s search of Gaines was reasonable. Judge Crone concurs in result.

Man convicted of molestation was denied fair trial

September 12, 2012

A Greene County man convicted of Class A felony child molesting is entitled to a new trial because extensive hearsay and vouching testimony was admitted in error, the Court of Appeals held Wednesday.

Statute on car window tint not void for vagueness

September 12, 2012

The Howard County man who argued that the statute dealing with the tint of car windows is void for vagueness lost his appeal, so the drug evidence found on him during a traffic stop can be allowed at trial, the Court of Appeals ruled.

Man’s barking dogs did not violate noise ordinance

September 12, 2012

An Indianapolis man will be able to keep all four of his dogs after the Indiana Court of Appeals found that complaints by just one neighbor about barking didn’t support finding he violated a local noise ordinance. The trial judge had ordered he get rid of two of his dogs.

Sept. 11 victims fund chief shares poignant, practical experience

September 12, 2012

Kenneth Feinberg brought tears to many of the attorneys who heard him speak Tuesday at the Indiana University Robert H. McKinney School of Law in Indianapolis about overseeing the compensation fund for victims of the Sept. 11 attacks.

COA rules trial court erred in suppressing blood evidence in Bisard case

September 12, 2012

The blood of the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one motorcyclist and injuring two others should be allowed at his trial for reckless homicide and other alcohol-related charges, the Indiana Court of Appeals ruled Wednesday morning on interlocutory appeal.

Opinions Sept. 11, 2012 ILD

September 11, 2012

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

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

Indiana Court of Appeals
J.Z. v. State of Indiana (NFP)
49A02-1202-JV-132
Juvenile. Affirms adjudication of delinquency.

J.G. v. State of Indiana (NFP)
49A02-1201-JV-17
Juvenile. Affirms adjudication of delinquency.

Argelio Gonzales v. State of Indiana (NFP)
09A02-1202-CR-92
Criminal. Affirms trial court order denying motion for sentence reduction.

Joseph V. Haas v. State of Indiana (NFP)
42A05-1202-CR-80
Criminal. Affirms revocation of probation.

William Adams and Patricia Adams v. Chase Home Finance, LLC (NFP)
18A02-1202-MF-96
Mortgage foreclosure. Affirms summary judgment in favor of Chase.

Dennis Yerk v. State of Indiana (NFP)
91A02-1111-CR-1056
Criminal. Affirms Class D felony conviction of killing a domestic animal.
 
Lake County Trust Co., as Trustee for Lake County Trust 5434 v. United Consumers Club, Inc. (NFP)
45A03-1111-PL-527
Civil plenary. Reverses summary judgment for the trust, holding that the trust did not have standing to sue.

In the Matter of a Minor Child in Need of Services, T.C., Minor Child, M.C., Mother v. Indiana Dept. of Child Services (NFP)
85A02-1202-JC-139
Juvenile custody. Affirms adjudication of T.C. as a child in need of services.

 Robert A. Lesure v. State of Indiana (NFP)
18A02-1202-CR-87
Criminal. Affirms convictions and sentence for Class B felony robbery, and Class C felony intimidation.

Zimmer, Inc. and Zimmer Dental, Inc. v. Jason Young, Renae Salvitti, and Implant Direct Sybron Manufacturing, LLC d/b/a Implant Direct Sybron Intl. (NFP)
02A03-1112-CT-548
Civil tort. Affirms on interlocutory appeal the trial court’s denial of Zimmer’s request for additional injunctive relief.
 

Opinions Sept. 11, 2012

September 11, 2012

Indiana Court of Appeals
Phillip A. Collins v. HSBC Bank USA, National Association, as Trustee for Home Equity Loan Trust Series Act 2004-HE3
45A03-1111-MF-600
Mortgage foreclosure. Affirms summary judgment in favor of HSBC, holding that Collins is estopped from asserting claims previously lost and litigated.

Court of Appeals rejects typo argument in reversing a sentence for child molestation

September 11, 2012

In a split ruling, the Indiana Court of Appeals upheld a South Bend man’s conviction of child molestation but rejected the state’s claim that wording on a supplemental sentencing order was a scrivener’s error.

Neglect conviction, sentence in child’s death affirmed

September 11, 2012

The conviction and sentence of a Delaware County woman whose stepdaughter died due to neglect was not inappropriate, the Indiana Court of Appeals ruled Tuesday.

Appeals court reverses termination of father’s rights

September 11, 2012

The Department of Child Services failed to prove that a father’s children were removed for cause required under state statute, and the trial court erred in terminating the parental rights of the Dearborn County man.

Post-judgment interest award reversed

September 11, 2012

An award of post-judgment interest paid by a losing party does not include the time a court takes in tallying the bill, the Indiana Court of Appeals ruled.

Appeals court upholds judgment for mortgage company

September 11, 2012

A Lake County trial court’s grant of summary judgment for the lender in a foreclosure case was affirmed Tuesday by the Indiana Court of Appeals.

David named to chair Allen County JNC

September 11, 2012

Indiana Supreme Court Justice Steven David has been appointed to chair the Allen Superior Court Judicial Nominating Commission.

Arguments for pretrial release found to be ‘unquestionably inappropriate’

September 11, 2012

The Indiana Supreme Court has dismissed without prejudice a request by a defendant to be released from jail while awaiting his third murder trial.

Start Page: Disaster! It lurks around the corner – protect data now

September 11, 2012

You are hanging by a thread and you don’t even know it. Your Internet connection is delivered by two wires that connect to a box on the outside of your office – and all that separates you from disaster is a cable removed from a jack on the wall.

Around the IndyBar: Welcome Bar Leader Series Class X!

September 11, 2012

Photos from the Bar Leader Series Class X kickoff.

IndyBar Election Season Round-Up

September 11, 2012

News and commentary on the upcoming election are nearly impossible to escape at this point. Take a break from the non-stop back and forth political banter with several upcoming election-related non-partisan events and programs.

IBA Frontlines – 9/14/12

September 11, 2012

News from around the IndyBar!

Chinn: Checking Our Institutions

September 11, 2012

Every time I travel alone, say for an out-of-town deposition, I am conscious of those blocks of time in which you get to be alone in your thoughts. As much as the travel itself is rarely fun, I almost always find great value in those periods of “travel reflection,” especially when things prior to leaving home have been so busy.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrate judges

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • List of new Indiana laws approved this year

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • Trump selects Wheeler, Mildred as U.S. Attorney nominees in Indiana, Banks says

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