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Laptops, tablets now allowed in Indiana Supreme Court
You now may use a laptop, iPad, and other tablets or computing devices inside oral arguments at the Indiana Supreme Court, so long as you get permission first, sit in the back row and keep it quiet.
Dropped charges in habitual offender sentence distinguish conflicting rulings
A defendant who benefited when charges against him were dropped in exchange for a guilty plea is not entitled to relief under a subsequent Supreme Court ruling weighing the same set of charges, a panel of the Court of Appeals ruled Friday. Judges also drew distinctions with a conflicting COA opinion.
Opinions Jan. 25, 2013 ILD
Indiana Court of Appeals
David McCombs v. State of Indiana (NFP)
49A05-1111-PC-658
Post conviction. Affirms denial of post-conviction relief involving 62-year sentence on charges of murder, theft and carrying handgun without a license.
Term. of the Parent-Child Rel. of D.C., Minor Child; A.R., Mother, and S.C., Father v. Indiana Dept. of Child Services, Lake County CASA (NFP)
45A03-1204-JT-172
Juvenile. Affirms termination of parental rights.
Dale D. Engle v. State of Indiana (NFP)
58A04-1205-CR-244
Criminal. Affirms 12-year sentence for conviction of Class B felony dealing in a controlled substance.
Charles Kingery v. State of Indiana (NFP)
49A02-1204-CR-317
Affirms 55-year murder sentence following resentencing on a reduced felony robbery charge.
Ricky J. Thurston v. State of Indiana (NFP)
49A02-1204-CR-289
Criminal. Affirms conviction of Class A felony rape and adjudication as a habitual offender.
D.J. v. State of Indiana (NFP)
49A02-1206-JV-490
Criminal. Affirms adjudication as a delinquent for what would be Class D felony theft and Class A misdemeanor dangerous possession of a firearm if committed by an adult.
Paul Hoffert, Jr. v. State of Indiana (NFP)
84A05-1205-CR-273
Criminal. Affirms revocation of placement in work release.
Kip Hurt v. State of Indiana (NFP)
49A04-1206-CR-286
Criminal. Affirms conviction of Class A misdemeanor battery.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
Opinions Jan. 25, 2013
Indiana Court of Appeals
David Delagrange v. State of Indiana
49A04-1203-CR-144
Criminal. Reversed conviction of four counts of Class C felony attempted child exploitation and remanded for further proceedings. Ruled Delagrange’s act of secretly photographing minor girls’ underwear did not meet the Indiana statute’s definition of “child exploitation” because the girls did not intentionally expose themselves for the purpose of satisfying or arousing sexual desires of another.
COA rules minors must be active participants to meet statute’s definition of ‘child exploitation’
A man who secretly photographed minor girls in their underwear is not guilty of child exploitation because those girls were not intentionally exhibiting themselves, a divided Indiana Court of Appeals has ruled.
Conour fraud trial set for September
A federal judge Friday morning set a new trial date of Sept. 9 for an Indianapolis high-profile lawyer accused of misappropriating millions in client funds.
Teen father not deprived by lack of guardian ad litem in termination judgment
A 15-year-old who fathered a child was not deprived due process because a guardian ad litem wasn’t appointed for him during proceedings in which his parental rights were terminated.
13 interviewing for St. Joseph judicial vacancy
Thirteen candidates for a judgeship in South Bend are being interviewed Friday by the St. Joseph County Judicial Nominating Commission. The panel this evening will narrow the field of candidates to fill a St. Joseph Superior Court vacancy created by the retirement of Judge Roland W. Chamblee Jr.
Justices remand burglary sentence for new hearing on restitution order
A divided Indiana Supreme Court ordered a new hearing for a man convicted of burglary whose restitution order had been thrown out by the Court of Appeals because of insufficient evidence to support the amount of the award.
Bar Crawl 1/30/13
See who has been selected as officers and board members for the Marion County Bar Association, Indianapolis Bar Association and Indianapolis Bar Foundation.
COA rules in favor of grandchildren in will dispute
The Indiana Court of Appeals had to interpret a handwritten will from 1917 in a dispute among those who stood to inherit land in Benton County. The appellate court determined that the trial court properly ruled that John and Karen LeFebre could collectively receive a one-third share in the acreage.
Attempted child molestation conviction does not lead to credit restricted status
The Indiana Court of Appeals reversed the determination that an Elkhart County man was a credit restricted felon following his conviction of attempted molestation of his daughter, finding attempted child molestation isn’t included among offenses that qualify under the credit restricted felon statute.
Rule of lenity doesn’t apply on man’s escape conviction
The rule of lenity doesn’t apply to the case of a Marion County man who tried to break into a home while serving home detention as a condition of probation, the Indiana Court of Appeals concluded. The judges upheld Diano Gordon’s convictions of Class D felonies escape and attempted residential entry.
Opinions Jan. 24, 2013 ILD
Indiana Court of Appeals
Terry Pounds v. State of Indiana (NFP)
18A02-1206-PC-456
Post conviction. Affirms denial of petitions for post-conviction relief.
P.P. v. J.C. (NFP)
36A01-1203-DR-113
Domestic relation. Affirms denial of father’s petition to modify custody and child support.
E. Paul Haste v. State of Indiana (NFP)
03A05-1207-CR-378
Criminal. Affirms conviction of Class B felony dealing in methamphetamine, but reverses $90,000 restitution order and remands for the trial court to reduce it to $30,722. Judge Crone concurs in part and dissents in part.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Jan. 24, 2013
Indiana Court of Appeals
Danny Boling v. State of Indiana
20A04-1205-CR-237
Criminal. Affirms conviction of Class A felony attempted child molesting based on the evidence presented at trial and 45-year sentence. Finds the trial court erred in determining Boling is a credit restricted felon because a person convicted of attempted child molesting isn’t a credit restricted felon under I.C. 35-31.5-2-72(1). Remands with instructions to correct Boling’s record to remove that designation.
State of Judiciary will air on PBS around state
If you missed Indiana Chief Justice Brent Dickson’s first State of the Judiciary Wednesday, you can watch it on your local PBS station, beginning Thursday evening. Several radio stations will also broadcast the speech.
Dickson makes pitch for Odyssey funding
Procuring money to expand the Odyssey case management system is “one of our most urgent priorities,” Indiana Chief Justice Brent Dickson told the General Assembly on Wednesday in his first State of the Judiciary address.
Man wins appeal of case against Indiana Parole Board
Several conditions of a man’s parole following his conviction of criminal deviate conduct involving an adult – including prohibitions on spending time with his own children – were found to be overbroad or vague by the Indiana Court of Appeals Wednesday. The judges reversed the grant of partial summary judgment in favor of the Indiana Parole Board and other defendants on David Bleeke’s complaint for declaratory and injunctive relief.
Opinions Jan. 23, 2013 ILD
Indiana Court of Appeals
Robert Earl Davis v. State of Indiana (NFP)
45A03-1203-CR-145
Criminal. Affirms murder conviction and 65-year sentence.
In the Matter of the Term. of the Parent-Child Rel. of: A.B. & P.B.; and E.B. v. The Indiana Dept. of Child Services (NFP)
35A05-1206-JT-298
Juvenile. Affirms termination of parental rights.
Michael Gregg v. State of Indiana (NFP)
48A02-1205-CR-400
Criminal. Affirms 20-year aggregate sentence following convictions of Class B felony dealing in methamphetamine and Class A misdemeanors resisting law enforcement and possession of marijuana.
Joshua C. Jackson v. State of Indiana (NFP)
35A02-1207-CR-589
Criminal. Affirms sentence following guilty plea to Class B felony robbery but reverses order Jackson pay restitution. Remands with instructions for the trial court to inquire about his ability to pay restitution, and if he is able, determine the amount to be paid and fix the manner of payment.
Michael L. Harris v. State of Indiana, Elkhart County Sheriff's Dept. (NFP)
20A03-1208-CR-345
Criminal. Dismisses appeal of denial of Harris’ request for return of property as moot.
Dennis Knight v. State of Indiana (NFP)
71A05-1208-CR-436
Criminal. Affirms conviction of Class C felony robbery.
Kevin Gene Rotino v. State of Indiana (NFP)
07A05-1205-CR-259
Criminal. Affirms Class D felony dealing in marijuana conviction.
Nathan Abbott, State of Indiana and Indiana State Police v. Michael Mitchell and Leonard Love (NFP)
45A03-1204-CT-167
Civil tort. Affirms jury verdict in favor of Mitchell and Love on their claims for false imprisonment.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.