Court upholds imposition of court costs
The Indiana Court of Appeals found a man’s pro se motion to correct erroneous sentence was not the proper channel to challenge the imposition of court costs following his murder trial.
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COA split over whether DCS has authority to interview sibling
An Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same home as a child who has claimed abuse by a resident family member.
Zoeller to speak at DCS study committee Thursday
Indiana Attorney General Greg Zoeller is scheduled to appear before the Department of Child Services Interim Study Committee meeting Thursday afternoon.
Human rights law clinic leaders to visit IU McKinney
The attorney leaders of the Legal Aid Centre of Eldoret in Kenya will visit the Indiana University Robert H. McKinney School of Law Oct. 17 to discuss the successes of the human rights law clinic.
Opinions Oct. 9, 2012 ILD
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
Theothus Carter v. State of Indiana (NFP)
30A05-1203-CR-137
Criminal. Affirms trial court’s 65-year aggregate resentence on Class A felony convictions of attempted murder and attempted robbery and Class B felony convictions of burglary and being a habitual offender.
Marion Spencer v. State of Indiana (NFP)
32A01-1204-CR-137
Criminal. Affirms Class A misdemeanor conviction of criminal recklessness while using a vehicle and remands to the trial court for correction of the judgment of conviction and CCS.
Norman Trent v. State of Indiana (NFP)
54A01-1202-CR-51
Criminal. Affirms trial court denial of motion to correct erroneous sentence.
Bobbie Buckles v. State of Indiana (NFP)
17A05-1206-CR-300
Criminal. Affirms sentences for Class C felony possession of precursors and Class B felony possession of methamphetamine.
John Ray Henry v. State of Indiana (NFP)
45A03-1111-CR-533
Criminal. Affirms sentence for two counts of Class C felony child molesting.
Carl L. Johnson v. Review Board of the Indiana Department of Workforce Development and Williams Systems LLC (NFP)
93A02-1203-EX-205
Executive administration/unemployment. Affirms determination of the Department of Workforce Development that Johnson was not entitled to unemployment benefits.
Victor Smith v. State of Indiana (NFP)
49A02-1109-CR-860
Criminal. Affirms trial court convictions of robbery and attempted robbery as Class B felonies.
Opinions Oct. 9, 2012
Indiana Court of Appeals
Ralph Jennings d/b/a A Cut Above Tree Service v. Terrance Kinnard (NFP)
49A05-1203-CC-117
Collections. Reverses and remands trial court’s grant of relief to Kinnard from a default judgment of $4,189.22 for the plaintiff.
Criminal recklessness code covers firing gun into car
A car is a “place people are likely to gather,” the Indiana Court of Appeals ruled Tuesday, unanimously affirming a Class C felony criminal recklessness conviction and eight-year sentence for a man who fired a gun into car in which a former gang ally was a passenger in Goshen.
COA finds church member’s lack of brotherly love not sufficient to uphold conviction
A criminal conviction that resulted from church member’s demand for quiet during a worship service has been overturned by the Indiana Court of Appeals on the grounds that the evidence was insufficient to sustain the conviction.
Indiana justices take no new cases
The Indiana Supreme Court rejected requests for transfer in 14 cases for the week ending Oct. 5, according to the transfer list released Tuesday.
Divided appeals court tosses Boonville annexation
The Indiana Court of Appeals reversed a trial court decision that upheld an annexation by the city of Boonville, finding that the trial court erred in counting separate state-owned parcels of a highway for purposes of remonstrance.
COA will not reweigh California environmental cleanup decisions
The Indiana Court of Appeals ruled Tuesday that it would not reweigh California court decisions in favor of insurers who had no responsibility to cover environmental cleanup costs at former Thomson plants.
Court of Appeals reverses and remands inmate’s request for kosher meals
A Pendleton Correctional Facility inmate will not be able to collect monetary damages against employees of the Indiana Department of Correction, but his request for kosher meals will get a second review.
Divided appeals court affirms disabled firefighter’s enhanced PERF benefit
A Brownsburg firefighter is entitled to disability benefits that a trial court enhanced after an appeal from the local pension board, a divided court of appeals panel ruled Tuesday.
Divided court affirms sentence that exceeds statutory authority
A man who pleaded guilty to misdemeanor charges and whose sentence exceeded statutory authority must nonetheless serve the term, a divided Court of Appeals ruled Tuesday.
DTCI: Trimble named Insurance Lawyer of the Year
John C. Trimble, partner at Lewis Wagner and former president of the DTCI, has been named 2013 Indianapolis Insurance Law Lawyer of the Year by Best Lawyers.
Chinn: Special Relationships
A special relationship exists between the Indianapolis Bar Foundation and the Indianapolis Bar Association. It is easy to think of the IBF as the “fund raising arm” of the IndyBar. And that isn’t wrong.
IBA: Go West, IndyBar! Go West! Quality CLE & Networking Await You
It is with great pleasure that I will host this year’s IndyBar Destination CLE, taking place in Sedona, Arizona from November 15 to November 17. To entice your attendance, this year’s CLE will be held at the Enchantment Resort & Mii amo Spa, nestled into the red rock wall of Sedona’s Boynton Canyon.
IBA: Indiana’s No-Smoking Law and Potential Penalties to Employers for Failure to Adhere
If you recall, smoking is now prohibited in most Indiana workplaces (exceptions being places like riverboats, horse racing facilities and other gaming facilities, retail tobacco stores, and bars that do not employ individuals under the age of 18 or allow individuals under the age of 21, other than employees, to enter, among other things). The law requires employers to prohibit smoking in areas within eight feet of a public entrance to a “place of employment” or a “public place.”