Mom’s conviction due to child’s school absences upheld
The Indiana Court of Appeals concluded that an Indianapolis mother was not unlawfully denied a right to a jury trial on her Class B misdemeanor failure to ensure school attendance charge.
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7th Circuit vacates habeas petition, orders further proceedings
Although a District Court’s grant of the habeas petition of a man claiming he didn’t have an impartial jury was reversed by the 7th Circuit Court of Appeals, the case was sent back to the lower court for the state to show that the jury was not prejudiced.
New partnership sends McKinney faculty and students back to high school
They arrived on yellow school buses as visitors Wednesday afternoon but someday the high school students may come as law students. The Indiana University Robert H. McKinney School of Law and Shortridge Magnet High School for Law and Public Policy inked a partnership that will put McKinney faculty and students in Shortridge classrooms and bring Shortridge students to McKinney.
Opinions Aug. 29, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Margaret R. Smith and Darrell G. Smith v. JP Morgan Chase Bank, as Trustee Under the Pooling and Servicing Agreement, Dated as of June 1, 2003, et al. (NFP)
89A01-0702-CV-94
Civil. Affirms summary judgment in a foreclosure action brought by JPMorgan Chase Bank.
Edward LeFlore v. State of Indiana (NFP)
73A01-1111-CR-551
Criminal. Affirms convictions of Class A felony burglary, Class B felonies robbery and criminal confinement, Class C felony intimidation with a deadly weapon, Class D felony fleeing law enforcement, Class A misdemeanor carrying a handgun without a license, and adjudication as a habitual offender.
Robert Brandon v. State of Indiana (NFP)
20A05-1202-CR-53
Criminal. Affirms Class A felony robbery conviction and aggregate 60-year sentence. Orders burglary conviction be reduced from a Class A felony to a Class B felony and resentenced.
Term. of Parent-Child Rel. of J.K., M.K., and C.K. (Minor Children); and S.P. (Mother) v. Indiana Dept. of Child Services and Lake County CASA (NFP)
45A03-1201-JT-45
Juvenile termination of parental rights. Affirms involuntary termination of parental rights.
Jerry L. Ward, Jr. v. State of Indiana (NFP)
09A04-1201-CR-54
Criminal. Affirms denial of motion to withdraw guilty plea and affirms Ward’s sentence.
William N. Gerard v. Althea L. Gerard (NFP)
90A04-1112-DR-642
Domestic relation. Affirms award of attorney and expert witness fees to Althea Gerard in the action involving modification of William Gerard’s parenting time.
Timothy Tingle v. State of Indiana (NFP)
49A02-1110-CR-976
Criminal. Affirms admittance of evidence related to a duffle bag and its contents during a bench trial for various drug charges.
Jean D. Schoknecht v. Susan E. Dunlap f/k/a Hasemeier and f/k/a Scribner (NFP)
49A02-1201-CP-37
Civil plenary. Affirms dismissal of landlord Schoknecht’s complaint against tenant Dunlap pursuant to Indiana Trial Rule 41(E).
Eugene Strader v. State of Indiana (NFP)
49A02-1201-CR-57
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.
Bradley J. Vossberg, and Diana Jachimiak v. Glen A. Gray, Kimberly L. Gray, and Kevin Hardie, d/b/a The Hardie Group (NFP)
34A04-1110-PL-546
Civil plenary. Affirms award of damages to the Grays but reverses with regard to the award of damages to Hardie.
In the Matter of A.J.J.: J.J. v. S.H. (NFP)
71A03-1112-JP-568
Juvenile paternity. Affirms dismissal of motion to terminate support.
Opinions Aug. 29, 2012
Indiana Court of Appeals
Willis Pryor v. State of Indiana
49A02-1202-CR-101
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement. Pryor’s trial counsel’s failure to preserve his right to a jury trial denied Pryor effective assistance of counsel. Remands with instructions to vacate the conviction and hold a new trial by jury.
Bad BP gas distributed widely in Indy, as far south as Corydon
Tainted BP gasoline that is the subject of two federal lawsuits in northern Indiana was delivered to and likely sold in at least 28 Indianapolis gas stations and as far south as Corydon and Lawrenceburg, according to information the company provided.
Judges order new trial due to counsel’s deficient performance
A Marion County man was prejudiced by his counsel’s error of not timely filing a request for a jury trial, so the Indiana Court of Appeals ordered a new trial on his Class A misdemeanor resisting law enforcement conviction.
Denial of summary judgment upheld over questions of car ownership
The insurer of a car dealership is not entitled to summary judgment because there are genuine issues of material fact as to whether the dealership or the son of an employee who purchased a car from the dealership owned the car at the time the son hit a bicyclist.
Opinions Aug. 28, 2012 ILD
Indiana Supreme Court and Indiana Tax Court posted no opinions prior to IL deadline.
Indiana Court of Appeals
Term. of Parent-Child Rel.: T.V. (Minor child) and M.M. (Father) v. The Indiana Dept. of Child Services (NFP)
48A02-1112-JT-1178
Juvenile termination. Affirms termination of parental rights.
In the Matter of M.S. (Minor Child), Child in Need of Services; M.S. (Mother) v. The Indiana Dept. of Child Services (NFP)
49A02-1201-JC-26
Juvenile. Affirms trial court determination of child in need of services.
Donald E. Wrobel v. State of Indiana (NFP)
71A05-1204-CR-180
Criminal. Affirms 30-year sentence for conviction of two counts of Class B felony sexual misconduct with a minor and being a habitual offender.
Kenneth Johnson v. State of Indiana (NFP)
49A02-1112-CR-1110
Criminal. Affirms conviction of Class D felony theft.
David D. West v. State of Indiana (NFP)
18A02-1202-CR-146
Criminal. Affirms convictions of two counts of Class C felony child exploitation and two counts of Class D felony possession of child pornography.
Bradley Berry v. State of Indiana (NFP)
49A05-1201-CR-40
Criminal. Affirms conviction of Class B misdemeanor public intoxication.
Londale D. Madison v. State of Indiana (NFP)
71A03-1203-CR-109
Criminal. Affirms Class C felony conviction of burglary.
William Bruce v. State of Indiana (NFP)
79A05-1112-CR-671
Criminal. Affirms two Class A felony convictions of child molesting.
Steven Wayne Minor v. State of Indiana (NFP)
03A05-1111-CR-586
Criminal. Affirms conviction of Class D domestic battery.
Gerald W. Town v. State of Indiana (NFP)
35A04-1112-CR-675
Criminal. Affirms convictions of Class C felony sexual misconduct with a minor and Class D felony battery.
Gregory C. Walbridge v. JP Morgan Chase Bank, N.A. (NFP)
02A03-1112-CC-589
Collections. Affirms trial court’s judgment for Morgan Chase Bank.
In the Matter of the Adoption of C.E.H., minor; W.S. and E.H. v. J.T.C. and S.L.C. (NFP)
29A05-1111-AD-683
Adoption. Affirms trial court grant of J.T.C. and S.L.C.’s adoption petition.
Opinions Aug. 28, 2012
7th Circuit Court of Appeals
Angela M. Farrell v. Michael J. Astrue, Commissioner of Social Security
11-3589
Civil. Reverses District Court’s affirmation of the decision to deny disability insurance benefits. The Social Security Administration Appeals Council did not follow its own regulations which require it to consider “new and material evidence.” Also finds the administrative law judge’s residual functional capacity determination is based on an incomplete assessment of the record. Remands for further proceedings.
7th Circuit orders disability case back to administrative law judge
Because the Social Security Administration Appeals Council did not consider new evidence when it was presented – despite its own regulations requiring it to do so – the 7th Circuit Court of Appeals sent a disability insurance benefits case back to the administrative law judge for further proceedings.
7th Circuit to DOC: Sex offender registry error safeguards insufficient
Indiana’s Sex and Violent Offender Registry provides insufficient means for those whose information is incorrect to challenge the information, the 7th Circuit Court of Appeals ruled Tuesday.
Court of Appeals finds 2006 statute does apply to 2001 violation
The Indiana Court of Appeals rejected a defendant’s ex post facto argument and affirmed a trial court’s decision to convict him of committing a sex offender residency offense.
COA affirms its reversal of trial court in land-use case
Property owners on a northwestern Indiana lake who argued their land was unconstitutionally taken lost their rehearing before the Indiana Court of Appeals.
In environmental suit, court properly vacated ruling for Bloomington dry cleaner
A Bloomington dry cleaner lost his appeal of a court’s order that vacated a prior ruling granting partial summary judgment in the businessman’s favor.
Student’s delinquency adjudication involving in-school incident reversed
A Ben Davis High School student won an appeal of his adjudication as a delinquent Tuesday after the Court of Appeals held the circumstances for which he was adjudicated did not meet the equivalent of Class D felony resisting law enforcement.
Court of Appeals finds insurer’s intent is not clear in policy language
Finding language in an insurance policy to be ambiguous, the Court of Appeals reversed and remanded a trial court’s entry of summary judgment for an insurance company.
Inmate loses challenge to law ending certain educational funding
The 2011 amendment that stopped state funding of postsecondary education programs in correctional facilities for convicted felons who are confined in a penal facility is not an ex post facto law nor does it violate an inmate’s constitutional rights, the Indiana Court of Appeals ruled.
Man’s convictions affirmed, but court orders record set straight
An Indianapolis man lost his criminal appeal Tuesday, but the Indiana Court of Appeals ordered the trial court to correct an abstract of judgment that incorrectly recorded a felony conviction.
Appeals court affirms order for expert witness to indemnify past employer
An expert for a plaintiff in a medical malpractice case who was ordered to execute a release indemnifying a former employer must do so, the Indiana Court of Appeals ruled Tuesday.