ACLU of Indiana selects new leader
Former Indianapolis Deputy Mayor Jane Henegar has been named executive director of the American Civil Liberties Union of Indiana. She begins work immediately and will join the organization full time Sept. 4.
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Senior Judge Shepard to chair national task force on legal education
Randall Shepard has been selected as chairman of an American Bar Association presidential commission examining the state of legal education in America.
Judges uphold 11-year-old’s reckless homicide adjudication
The Indiana Court of Appeals affirmed a Morgan County boy’s adjudication for shooting his younger brother while the two were home alone. The 11-year-old claimed that the juvenile court abused its discretion in admitting his statement to the investigating officer at the evidentiary hearing.
Opinions Aug. 1, 2012 ILD
7th Circuit Court of Appeals issued no opinions prior to IL deadline.
Indiana Court of Appeals
Justin A. Staton v. State of Indiana (NFP)
48A02-1112-CR-1192
Criminal. Affirms revocation of probation.
Edward Lee Jackson v. State of Indiana (NFP)
82A01-1110-CR-445
Criminal. Affirms conviction of murder and attempted murder.
Dewayne Busz v. Brandi Watkins and Mike Schuh (NFP)
43A03-1202-SC-67
Small claims. Affirms trial court judgment in favor of Watkins and Schuh.
Indiana Tax Court issued no opinions before IL deadline.
Opinions Aug. 1, 2012
Indiana Court of Appeals
Justin A. Staton v. State of Indiana (NFP)
48A02-1112-CR-1192
Criminal. Affirms revocation of probation.
Sullivan departs bench, joins I.U. McKinney School of Law
Justice Frank Sullivan Jr. has departed the Indiana Supreme Court and officially joined the faculty of Indiana University Robert H. McKinney School of Law in Indianapolis.
Divided court affirms life without parole for 17-year-old who killed younger brother
A 3-2 decision of the Indiana Supreme Court upheld a sentence of life without parole for a 17-year-old who killed his 10-year-old brother while babysitting and later dumped his body near a school in Rising Sun.
Justices reduce caregiver’s sentence in child’s killing
The Indiana Supreme Court reduced the sentence of a woman who, along with her boyfriend, was convicted in the events that led to the murder of the woman’s 2-year-old cousin while in her care.
Zoeller: Parts of immigration law can’t stand
Indiana Attorney General Greg Zoeller said Tuesday a recent U.S. Supreme Court decision that struck down most of a tough Arizona law will impact a similar immigration law signed by Gov. Mitch Daniels in 2011.
Private parties liable for attorney fees in open records disputes
The Indiana Supreme Court affirmed a trial court’s ruling that held a private party liable for attorney fees in an Access to Public Records Act claim.
Justices reject jurisdiction in ‘bizarre’ fatal helicopter crash
The family of a man killed by a falling helicopter that crashed in British Columbia will not have their case heard in Indiana where the helicopter engine was built, the Indiana Supreme Court ruled Monday.
Divided justices reject opposing summary judgments in church split
Neither the trial court nor the Court of Appeals got it right in a dispute between an Evansville Presbyterian church and its former denomination when the church left over simmering disagreements on abortion and other matters of doctrine, the Indiana Supreme Court ruled in a 3-2 decision.
Appeals court clears hotel in guest’s death outside
The family of a hotel guest who died after falling and hitting his head outside on a cold night may not proceed with a wrongful death suit against the hotel, the Court of Appeals held in a ruling Tuesday.
Worker’s disability denial affirmed at 7th Circuit
A former worker whose degenerating discs and spondylolisthesis caused her to no longer be able to work as a sales rep for AstraZeneca was not improperly deprived of benefits when the insurer terminated them.
Justices: Ex-wife must agree to lower sales price
The Indiana Supreme Court unanimously held that a trial court had no authority to modify a property agreement made by ex-spouses and that the ex-wife is entitled by law to refuse to waive a provision that neither party had to accept a sale that was below specified minimums.
Supreme Court divided on whether man’s claims against bank can proceed
Two Indiana justices believed that a man’s actual fraud and tortious interference with contract claims against Old National Bank should go to trial, an opposite conclusion reached by their fellow justices.
Opinions July 31, 2012 ILD
Indiana Court of Appeals
James L. Hebner v. State of Indiana (NFP)
89A04-1111-CR-605
Criminal. Affirms in part and reverses part three convictions of resisting law enforcement, one as a Class D felony and two as Class A misdemeanors.
Samuel Davis, Jr. v. State of Indiana (NFP)
57A03-1110-CR-499
Criminal. Affirms conviction of Class B felony operating while intoxicated causing death.
Zachary Daye Riffle v. State of Indiana (NFP)
71A04-1201-CR-7
Criminal. Affirms conviction of Class C felony attempted burglary.
Tommy Joe Doublin v. State of Indiana (NFP)
90A05-1110-CR-521
Criminal. Affirms conviction of Class B felony burglary and adjudication as a habitual offender.
Joshua Wotowiec v. State of Indiana (NFP)
49A05-1111-CR-609
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
Joseph Peters v. State of Indiana (NFP)
59A01-1108-CR-330
Criminal. Affirms trial court’s denial of motion to dismiss child molesting charges.
Micole Draughon v. State of Indiana (NFP)
49A02-1111-CR-995
Criminal. Affirms in part, reverses in part sentence for Class C felony criminal recklessness, remanding to the trial court to conduct a hearing on indigency and how restitution is to be paid.
Kelly Allen v. State of Indiana (NFP)
42A01-1112-CR-601
Criminal. Affirms trial court revocation of probation.
Michael Burnett v. State of Indiana (NFP)
49A02-1112-CR-1119
Criminal. Affirms trial court convictions of Class B felony burglary, Class D felony theft and adjudication as a habitual offender.
In re the Guardianship of Thora Moulton: Alison E. Clapp (O'Callaghan) v. Donald J. Evans (NFP)
64A04-1201-GU-13
Guardianship. Reverses award of attorney fees and guardianship-related fees to Evans, holding that the trial court abused its discretion by awarding fees filed too late.
David E. Arnold v. State of Indiana (NFP)
48A05-1112-CR-668
Criminal. Affirms revocation of probation.
David Smithers v. State of Indiana (NFP)
41A04-1111-PC-617
Post-conviction relief. Affirms denial of post-conviction relief.
Melissa Bruce v. State of Indiana (NFP)
46A03-1110-CR-476
Criminal. Affirms sentence for neglect of a dependent as a Class B felony.
Cynthia R. Atkinson v. Indiana Dept. of Administration (NFP)
49A04-1202-PL-81
Civil plenary. Affirms trial court denial of motion to correct error.
Indiana Tax Court posted no opinions at IL deadline.
Opinions July 31, 2012
7th Circuit Court of Appeals
Carol Aschermann v. Aetna Life Insurance Company, et al.
12-1230
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil. Affirms the District Court judgment in favor of the insurers, in which an insurer stopped paying a worker’s disability benefits claim, holding that the decision was not arbitrary or capricious.
Supreme Court knocks down habitual-offender enhancement
The Indiana Supreme Court found a habitual-offender enhancement tacked onto the 20-year sentence of a serious violent felon was an “impermissible double enhancement.”
IBA:Students benefit from Diversity Job Fair
The Indianapolis Bar Association’s annual Diversity Job Fair recently welcomed more than 60 students to the Circle City for the opportunity to interview for potential summer employment in 2013.