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Opinions Sept. 17, 2012

7th Circuit Court of Appeals
Fred E. Dowell v. United States of America
10-2912
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard L. Young.
Civil. Remands with instructions for the District Court to make a determination as to whether Dowell told his attorney to file an appeal to contest whether he was a career offender. Dowell claimed his plea agreement specifically reserved his right to appeal the career offender designation, but his attorney did not file the appeal.

Wentworth, Avery appointed to Pro Bono Commission

Indiana Tax Judge Martha Blood Wentworth has been appointed by the Indiana Supreme Court as chair of the Indiana Pro Bono Commission. Allen Superior Judge David Avery has been appointed vice-chair, the Supreme Court announced Monday.

Federal court to decide whether man asked attorney to appeal

The 7th Circuit Court of Appeals has ordered a federal judge in the Southern District of Indiana to consider whether a defendant asked his attorney to appeal his designation of a career offender at sentencing, following a guilty plea.

Judge sanctions Weinberger for noncooperation with insurer

A federal judge in Hammond has entered a default against former ear, nose and throat doctor Mark Weinberger and other defendants for their noncooperation with his medical malpractice insurance company regarding hundreds of pending malpractice claims.

Opinions Sept. 14, 2012 ILD

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

Indiana Court of Appeals
Mandy Craig v. State of Indiana (NFP)
47A01-1202-CR-66
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

Myron Markas Cook v. State of Indiana (NFP)
65A05-1201-CR-15
Criminal. Affirms conviction of Class B felony dealing in methamphetamine and that police officers’ initial entry into Cook’s home did not violate the Fourth Amendment.

Antonio D. Jones v. State of Indiana (NFP)
45A03-1111-CR-496
Criminal. Affirms convictions of four counts of felony murder.

Carlos E. Odom v. State of Indiana (NFP)
71A05-1203-CR-121
Criminal. Affirms convictions of Class B felonies robbery and burglary, Class A misdemeanors carrying a handgun without a license and driving while suspended, and Class C misdemeanor altered interim license plates.

 

Opinions Sept. 14, 2012

7th Circuit Court of Appeals
Alan Kress and Randy Carr v. CCA of Tennessee LLC, doing business as Corrections Corporation of America, et al.
11-2950
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Affirms order denying class certification regarding the reduction of daily pill calls for inmates and granting summary judgment in favor of Corrections Corporation of America, et al., owner and operator of the Marion County Correctional Center. There was lack of evidence of any ongoing constitutional violations.

Judges advise defense attorneys to ask clients about citizenship

The Indiana Court of Appeals used its decision on a post-conviction relief appeal to “encourage” criminal defense attorneys to find out the citizenship of their clients and advise the clients as to the risks of deportation after pleading guilty.

Former Marion County jail inmates lose appeal

Two former inmates who filed a class action lawsuit against the company that runs the Marion County Correctional Center couldn’t convince the 7th Circuit Court of Appeals that the court should rule in their favor. The men claimed the jail provided inadequate medical care and inhumane living conditions.

Rush named to Indiana Supreme Court

A judge with a statewide reputation as a leader in juvenile justice was named Friday as Indiana’s 108th Supreme Court justice and the second woman to serve on the high court.

Governor appoints Rush to Supreme Court

Gov. Mitch Daniels has selected Tippecanoe Superior Judge Loretta Rush to sit on the Indiana Supreme Court. Rush is the second woman to serve on the state's highest court.

Practicing Law in Indiana: Employment Sept. 28

Indiana Lawyer is sponsoring a CLE on employment law titled “Practicing Law in Indiana: Employment” on Sept. 28 in Indianapolis. The chair and moderator is Mark Waterfill of Benesch, Attorneys at Law. Other featured speakers include David Carr of Ice Miller and Jan Michelsen of Ogletree Deakins.The program will include presentations on covenants not to compete, social media issues, and wage and hour issues.

Registration begins at 1 p.m. and the program is from 1:30 p.m. to 4:45 p.m. in the main auditorium at the OneAmerica Tower in Indianapolis. The cost is $99. The program provides three hours of CLE credit. Visit Indiana Lawyer 's events page to register online or to download a printable registration form. For questions or more information, contact Karen Aruta at 317-472-5201 or [email protected].
 

Attorney general’s office will now represent DCS on appeal

Indiana Attorney General Greg Zoeller announced Thursday afternoon that the attorney general’s office will take over appellate representation of the Department of Child Services. DCS currently utilizes attorneys of its choice in appellate matters.

Opinions Sept. 13, 2012 ILD

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

Indiana Court of Appeals
Cortney L. Schwartz v. Jodi S. Heeter
02A03-1109-DR-401
Domestic relation/Rehearing. Clarifies holding that Jodi Heeter waived her arguments on the motions for modification of support on appeal. She is not entitled to reconsideration of the motions by the trial court.  

In Re the Adoption of C.R.R. and S.A.R.; W.E.R. v. D.M.T. (NFP)
49A02-1201-AD-45
Adoption. Affirms order granting the petition filed by D.M.T. to adopt C.R.R. and S.A.R.

Carl S. Piatt v. State of Indiana (NFP)
73A01-1202-CR-116
Criminal. Reverses denial of motion to correct erroneous sentence and remands with instructions.

Delon Churchill v. State of Indiana (NFP)
48A02-1111-CR-1108
Criminal. Affirms admission of certain evidence and that there was no prosecutorial misconduct. Affirms Class B felony robbery. Remands with instructions the trial court vacate the four Class B felony confinement convictions and sentences. Judge Bradford dissents.

Parrin J. Garner v. State of Indiana (NFP)
20A03-1110-CR-473
Criminal. Affirms conviction and sentence for Class B felony robbery.

Clay R. Firestone v. State of Indiana (NFP)
32A01-1201-PC-32
Post conviction. Affirms denial of petition for post-conviction relief and remands with instructions to assign the habitual offender enhancement to one of Firestone’s convictions.

Indiana Tax Court posted no opinions at IL deadline.

 

Opinions Sept. 13, 2012

Indiana Supreme Court
An-Hung Yao and Yu-Ting Lin v. State of Indiana
35S02-1112-CR-704
Criminal. Cannot conclude that as a matter of law the defendants engaged in no conduct nor effected any result in Indiana that was an element of either the theft or the counterfeiting charge. The trial court did not abuse its discretion in denying sub silentio Lin’s motion to dismiss for lack of jurisdiction. The defendants’ airsoft gun is a written instrument within the meaning of the statute and therefore reverses the trial court’s dismissal of the counterfeiting charges. The trial court did not abuse its discretion in denying the defendants’ motions to dismiss the theft and corrupt business influence charges.

Proposed med mal complaint fee divides Court of Appeals

In a dissent from Judge Nancy Vaidik involving a proposed medical malpractice complaint filed with the Department of Insurance before filing fees were paid, Vaidik claimed Judge James Kirsch created a new test to determine whether a complaint is timely filed and shifted the burden of ensuring fees are paid to the Department of Insurance instead of the attorney. 

Justices find attorney practicing law after resignation

The Indiana Supreme Court has fined Brian L. Nehrig $1,000 and extended his ban from practice after finding he committed the unauthorized practice of law. Nehrig resigned from the bar in 2007, and he was sentenced in 2010 after pleading guilty to mail fraud.