Former senior judge faces disciplinary proceedings
A former senior judge in northern Indiana faces disciplinary action for charges that she had a sexual relationship with a client to whom she was appointed as a public defender.
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Opinions Feb. 25, 2013 ILD
Indiana Court of Appeals
Steven Bethel v. State of Indiana (NFP)
71A03-1203-PC-139
Post conviction. Affirms finding that Bethel waived claims forming the bases of his request for post-conviction relief.
In the Matter of the Term. of the Parent-Child Rel. of: L.M. and M.M. v. The Indiana Dept. of Child Services (NFP)
79A02-1208-JT-678
Juvenile. Affirms termination of parental rights.
Juan Beamon v. State of Indiana (NFP)
49A02-1207-CR-571
Criminal. Reverses and remands conviction of Class B felony sexual misconduct with a minor, holding that the evidence was insufficient to support the charge and ordering the trial court to enter a judgment on Class C felony sexual misconduct with a minor.
James Eskridge v. State of Indiana (NFP)
49A05-1111-PC-629
Post conviction. Affirms denial of petition for post-conviction relief from revocation of parole.
Tamara Downie, formerly Tamara Reed v. Jason Reed (NFP)
20A03-1208-DR-344
Domestic relations. Affirms order modifying child support.
Darrell L. Weightman and Donna Weightman v. Brian A. Nellis (NFP)
65A01-1207-CT-309
Civil tort. Affirms judgment on jury verdict in favor of Nellis on the Weightmans’ negligence claim.
Michael T. Ivy v. State of Indiana (NFP)
45A03-1207-CR-331
Criminal. Affirms sentence of conviction of battery as a Class A felony.
Shawn J. Fuller v. Carrie R. Fuller (NFP)
12A04-1205-DR-251
Domestic relations. Affirms trial court’s contempt finding and judgment in favor of Shawn Fuller.
Martel D. Cross v. State of Indiana (NFP)
45A05-1207-CR-369
Criminal. Affirms 30-year sentence for conviction of Class A felony voluntary manslaughter.
In the Matter of the Term. of the Parent-Child Rel. of: L.W., M.R. v. Indiana Dept. of Child Services (NFP)
19A01-1208-JT-393
Juvenile. Affirms termination of parental rights.
Robert Stokes v. State of Indiana (NFP)
49A02-1206-CR-500
Criminal. Affirms convictions of murder and Class B felony unlawful possession of a firearm by a serious violent felon.
Indiana Supreme Court and Indiana Tax Court posted no opinions Monday by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
Opinions Feb. 25, 2013
Indiana Court of Appeals
Jose Maldonado-Morales v. State of Indiana
20A05-1205-CR-255
Criminal. Affirms Class D felony conviction of domestic battery, ruling that a jury instruction on the doctrine of transferred intent was not an abuse of discretion and that the state was not required to prove that Maldonado-Morales knowingly or intentionally struck his ex-wife in the presence of their child.
Legislature considers changes to prosecutors’ and judges’ retirement funds
In the House of Representatives, a bill that would change features of the Prosecuting Attorneys Retirement Fund is eligible for a third reading vote. In the Senate, a bill calling for a study of judges’ pensions is ready for second reading Monday as well.
Transferred intent instruction not error in domestic violence trial
An Elkhart County man’s conviction for domestic battery stands after the Indiana Court of Appeals ruled Monday that a jury instruction on the doctrine of transferred intent was not an abuse of discretion.
‘Sovereign citizen’ gets 40-year sentence
A self-identified sovereign citizen was sentenced last week to 40 years in prison for felony convictions of kidnapping and intimidation of a witness.
After children are grown, custodial parent still a victim of nonsupport
The Indiana Supreme Court ruled that a mother was a victim of a father who failed to pay support for his three children even years after the kids were grown.
Former Lake County clerk Philpot sentenced
A former Lake County clerk convicted of felony theft and mail fraud in the U.S. District Court, Northern District of Indiana will serve an 18-month sentence and pay a fine of $10,000.
Circuit Court rules utility contract falls in state jurisdiction
A dispute between a power generator and an electricity wholesaler should be heard in the state court, the 7th Circuit Court of Appeals ruled after finding the central issues did not arise under federal law.
Interstate defendant denied due process in hasty sentencing trip
A Kentucky inmate brought to an Indiana court for sentencing on four burglary counts to which he pleaded guilty was deprived due process when his new attorney was given only minutes to prepare, the Court of Appeals ruled.
Opinions Feb. 22, 2013 ILD
Indiana Court of Appeals
John Kennendy v. State of Indiana (NFP)
49A02-1206-CR-450
Criminal. Affirms conviction of Class D felony theft.
Shawn W. Nicosin v. William J. Mesaeh and Loretta D. Mesaeh (NFP)
11A01-1207-MI-308
Miscellaneous/grandparent visitation. Reverses and remands the trial court’s grant of visitation of G.N. with her maternal grandparents, holding that the court erred by deviating from the requirements established in In re Guardianship of A.L.C., 902 N.E.2d 343, 356 (Ind. Ct. App. 2009).
Kelvin Hampton v. State of Indiana (NFP)
84A04-1209-CR-483
Criminal. Reverses and remands a denial of request for return of $146 in $1 bills and a photograph seized during a search of his residence, holding there was no indication the state instigated civil forfeiture proceedings.
Kevin Smith v. State of Indiana (NFP)
45A04-1205-PC-264
Post-conviction. Affirms denial of post-conviction relief on convictions of Class A felony rape and criminal deviate conduct, Class B felony criminal confinement and Class C felony sexual battery.
Pablo C. Gallo v. Sandra Moira Hyland (NFP)
79A02-1207-DR-624
Domestic relations. Reverses and remands the trial court’s distribution of marital property order with instructions that the court follow the statutory presumption of equal distribution of property or set forth its rationale for deviating from it.
The 7th Circuit Court of Appeals issued no Indiana opinions and the Indiana Tax Court issued no opinions prior to IL deadline.
Opinions Feb. 22, 2013
Indiana Supreme Court
K.W. v. State of Indiana
49S02-1301-JV-20
Juvenile. Affirms Court of Appeals reversal of trial court ruling designating K.W. a delinquent for resisting law enforcement, and orders the delinquency adjudication vacated. Justices held that evidence was insufficient that K.W. acted “forcibly” to resist a school resource officer when he pulled away as the officer was attempting to handcuff him.
Officer’s inclusion of victim’s statements did not violate Confrontation Clause
The Indiana Court of Appeals has ruled that a police officer’s testimony that incorporated statements from the victim did not violate the defendant’s right to be confronted with the witnesses against him.
Ban on police cell phone searches in texting-while-driving cases advances
Police would be restricted in most cases from retrieving information from cell phones and similar devices for violation of texting-while-driving laws under a measure that passed the Indiana Senate on Thursday.
Change to public intoxication statute not retroactive
A woman convicted of public intoxication may not receive relief from a change in the statute that took effect a day before her bench trial.
Justices toss delinquency ruling for resisting school resource officer
A high school student’s action of trying to pull away from a school resource officer who tried to handcuff him is insufficient to support his adjudication as a delinquent, the Indiana Supreme Court ruled Friday.
Bills on magistrates; custody and visitation pass House
The Indiana House of Representatives passed House Bill 1041 Thursday morning 96-0. The bill addresses petitions to modify custody and visitation involving children who have been abused or neglected.
Opinions Feb. 21, 2013 ILD
Indiana Court of Appeals
Robert A. Carmer v. State of Indiana (NFP)
03A04-1208-CR-427
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.
David Purlee v. State of Indiana (NFP)
88A01-1210-IF-458
Infraction. Reverses entry of default judgment against Purlee for driving while suspended and remands for further proceedings.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
Opinions Feb. 21, 2013
Indiana Court of Appeals
Curtis Tyrell Cutler v. State of Indiana
71A05-1206-CR-339
Criminal. Affirms conviction of Class B felony burglary. Finds there was sufficient evidence to warrant a jury finding beyond a reasonable doubt that Cutler committed the burglary. Holds the trial court did not err in permitting the use of a statement Cutler made to police for impeachment.
COA answers first impression issue on custodial statements
A defendant convicted of a burglary in St. Joseph County challenged the admission of his prior statement to police while in custody, arguing the statement couldn’t be allowed at his trial because a recorded version of the statement wasn’t available at trial as required by Indiana Evidence Rule 617.