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Indiana Supreme Court
Kenneth Dwayne Vaughn v. State of Indiana
45S05-1112-CR-684
Criminal. Affirms decision not to grant a mistrial. Vaughn did not suffer actual harm from the bailiff restraining him by covering Vaughn’s mouth in front of the jury so he would stop taking.
The Indiana Supreme Court found no harm was done when an uncooperative defendant’s mouth was covered by a bailiff in order to quiet the man, so the trial court correctly denied the defendant’s motion for a mistrial.
Court of Appeals Judge Carr L. Darden will establish a scholarship in the name of himself and his wife of 57 years at his alma mater, the Indiana University McKinney School of Law in Indianapolis. The judge and other officials announced the scholarship Wednesday during his Statehouse retirement ceremony.
Indiana Court of Appeals Judge John Baker thinks it’s time that corroborative evidence be required in child molestation cases in which the charges are supported by the testimony of a single witness.
The lawsuit for collusion brought by 13 North Gibson School Corporation bus drivers against the school corporation as a result of bids for a transportation services contract failed on interlocutory appeal before the Indiana Court of Appeals.
The two environmental organizations challenging the construction of Interstate 69 in southern Indiana lost in federal court Tuesday. The lawsuit filed by Hoosier Environmental Council and Citizens for Appropriate Rural Roads dealt with the stretch of the interstate from Washington, Ind. to Scotland, Ind.
The Notre Dame Law School’s Intellectual Property and Entrepreneur Clinic has been selected by the United States Patent and Trademark Office to take part in the agency’s Patent Law School Clinic Certification Pilot Program beginning this fall.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Keith Crawford v. State of Indiana (NFP)
49A04-1112-CR-648
Criminal. Affirms sentence for Class A felony dealing in cocaine.
Evonne Carrillo v. Review Board of the Ind. Dept. of Workforce Development and Skozen & Skozen, LLP (NFP)
93A02-1108-EX-794
Agency appeal. Affirms the review board’s decision that Carrillo was discharged from her job for just cause was reasonable.
Latine Davidson v. State of Indiana (NFP)
10A04-1112-PC-695
Post conviction. Affirms denial of petition for post-conviction relief.
Roy L. Streicher v. State of Indiana (NFP)
69A05-1111-CR-603
Criminal. Remands with instructions to vacate the Class C misdemeanor operating a vehicle while intoxicated conviction, and affirms sentence for Class D felony operating a vehicle while intoxicated with a previous operating while intoxicated conviction within the last five years and Class A misdemeanor domestic battery with injury.
Asa G. Wisler v. State of Indiana (NFP)
27A05-1109-CR-492
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle with an ACE of 0.08 or more.
Alan Weir v. State of Indiana (NFP)
49A04-1201-CR-22
Criminal. Affirms trial court order Weir serve the balance of his home detention sentence and his previously suspended 2-year sentence in the Department of Correction.
Larry Edward Ruble, Jr., Individually and as Administrator of the Estate of Natasha Ruble, Deceased v. Lori Thompson, M.D. (NFP)
53A05-1109-CT-488
Civil tort. Affirms judgment on a defense verdict in a medical malpractice action.
Jordan Guess v. State of Indiana (NFP)
84A01-1112-CR-620
Criminal. Affirms denial of motion for jail time credit.
John W. Breedlove v. State of Indiana (NFP)
09A02-1111-CR-1116
Criminal. Affirms sentence for Class B felony dealing in methamphetamine.
Justin Holman v. State of Indiana (NFP)
49A02-1112-CR-1138
Criminal. Affirms convictions of two counts of Class B felony robbery and one count of Class A misdemeanor carrying a handgun without a license.
Jeffrey Scott Brooks v. State of Indiana (NFP)
48A02-1111-CR-1095
Criminal. Affirms admittance of hearsay testimony at an evidentiary hearing on a probation violation.
Timothy L. Gabbard v. State of Indiana (NFP)
34A02-1112-CR-1174
Criminal. Affirms sentence imposed following guilty plea to receiving stolen property and admitting to violating probation for the third time.
Chanda Banner v. Charles Kincaid (NFP)
82A05-1202-DR-93
Domestic relation. Affirms determination of Kincaid’s child support arrearage.
Dwayne Gaines v. State of Indiana (NFP)
49A02-1201-CR-12
Criminal. Reverses conviction of Class C misdemeanor indecent exposure and remands with instructions to vacate. Affirms conviction of Class D felony criminal confinement.
7th Circuit Court of Appeals
Jeffrey D. Kirkland v. United States of America
11-2507
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio.
Civil. Reverses District Court’s conclusion that an enhancement of Kirkland’s sentence under the Armed Criminal Career Act was still appropriate based on his remaining three convictions for violent felonies. Court may only consider Shepard-approved sources in determining whether prior offenses occurred on separate occasions under 18 U.S.C. Section 924(e)(1). Based on the record, the appellate court can’t conclude that Kirkland’s robbery and burglary offenses – which were on the same day – occurred on separate occasions. Remands for resentencing.
Based on a sparse record of evidence that the District Court could consider in determining whether a man can be sentenced under the Armed Career Criminal Act, the 7th Circuit Court of Appeals found the government didn’t meet its burden to prove two of the man’s previous convictions from events on the same day were separate predicate offenses under the Act.
The Indiana Court of Appeals affirmed summary judgment for the Indianapolis Housing Agency, finding the agency had a qualified privilege to report an employee’s suspected criminal conduct while on the job.
A divided Indiana Supreme Court has found that a lawsuit filed by a son after his father hit him with his car while the son tried to help his father park isn’t barred by Indiana’s Guest Statute.
Indiana Court of Appeals
Michael Sims v. State of Indiana (NFP)
20A03-1203-CR-127
Criminal. Affirms denial of motion to correct erroneous sentence.
Edwin D. Calligan v. State of Indiana (NFP)
02A03-1108-CR-400
Criminal. Grants rehearing and affirms original decision to deny motion to correct erroneous sentence.
Savane Williams v. State of Indiana (NFP)
20A04-1106-CR-428
Criminal. Affirms convictions and sentence for two counts of Class A felony dealing in cocaine, but finds the trial court erred in the manner in which it imposed the habitual offender enhancement. Remands for further proceedings.
Rosalio Pedraza v. State of Indiana (NFP)
49A02-1111-PC-1076
Post conviction. Affirms denial of petition for post-conviction relief.
Robert Grubbs v. State of Indiana (NFP)
53A01-1109-PC-606
Post conviction. Affirms denial of motion for reconsideration and motion to correct error.
Indiana Tax Court posted no opinions at IL deadline.
7th Circuit Court of Appeals
Mark McCleskey, trustee, et al. v. DLF Construction Inc., an Indiana corporation
11-1826
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms finding that the construction company, as employer, had to contribute to the funds for all hours worked by members of the union, not just bargaining unit work. The collective bargaining agreements are clear that DLF is required to make contributions to the pension and health and welfare funds for each hour worked by a covered employee.
The 7th Circuit Court of Appeals agreed with an Indiana federal court that a construction company that entered into a working agreement with a cement masons union had to contribute to two funds for all hours worked, not just bargaining unit work.
The Indiana Supreme Court has accepted the resignation of the Indianapolis attorney who pleaded guilty earlier this year to theft from two clients.
Indiana Chief Justice Brent E. Dickson has appointed Lake Superior Judge Calvin D. Hawkins and Muncie attorney Perry Gregory Cross to the Indiana Supreme Court Committee on Rules of Practice and Procedure.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Bradley D. Haub v. State of Indiana (NFP)
Criminal. Affirms sentences stemming from three different causes for Class B felony aiding burglary, two counts of Class C felony forgery, Class D felony auto theft, and Class D felony theft.
Anthony Lee Leturgez v. State of Indiana (NFP)
79A02-1112-CR-1105
Criminal. Affirms conviction of Class B misdemeanor battery.
Term. of Parent-Child Rel. of D.P. and P.S. (Minor Children); A.P. (Father) v. Indiana Dept. of Child Services (NFP)
03A01-1107-JT-309
Juvenile termination. Affirms termination of parental rights.
Term. of Parent-Child Rel. of B.B. and L.H. (Minor Children); Lo.H. (Mother) v. Indiana Dept. of Child Services (NFP)
79A02-1111-JT-1101
Juvenile termination. Affirms termination of parental rights.
Jamey Wayne Thomas v. State of Indiana (NFP)
79A02-1110-CR-1066
Criminal. Affirms sentence following guilty plea to Class C felony operating a motor vehicle while privileges were forfeited for life.
7th Circuit Court of Appeals
Bradley M. Shideler v. Michael J. Astrue, commissioner of Social Security
11-3284
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L.
Miller Jr.
Civil. Affirms denial of application for Social Security Disability Insurance benefits. The administrative law judge adequately evaluated Shideler’s credibility. Whatever his current condition is, the ALJ’s decision finding that he was not disabled as of March 31, 2000, is supported by substantial evidence.
The 7th Circuit Court of Appeals was sympathetic to a man’s medical condition but affirmed the decision by an administrative law judge that he’s not disabled is supported by the evidence.