Opinions July 11, 2012 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions at IL deadline.
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Opinions July 11, 2012
7th Circuit Court of Appeals
Michael Dean Overstreet v. Bill Wilson, superintendent, Indiana State Prison
11-2276
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Finds Overstreet, who is sentenced to death, did not receive constitutionally ineffective assistance of counsel relating to the handling of an alleged plea bargain, the handling of spectators in the courtroom, and relating to the sentencing proceeding. Judge Wood dissents regarding the attorneys’ handling of the sentencing proceeding and would grant the petition for writ of habeas corpus limited to the sentence imposed.
COA rules trial court should have allowed DCS to withdraw adoption consent
The Department of Child Services’ failure to investigate a child’s aunt as a possible adoptive parent – and a trial court’s refusal to allow DCS to withdraw consent for foster parents to adopt after acknowledging its failure – prompted the Indiana Court of Appeals to reverse a trial court order granting the foster parents’ petition to adopt.
AG’s video conferences train Mexican prosecutors
About 50 prosecutors in Mexico are learning about the American legal system through video conferences this week arranged by the Indiana attorney general’s office.
Opinions July 10, 2012 ILD
The 7th Circuit Court of Appeals issued no Indiana opinions prior to IL deadline.
The Indiana Supreme Court and Tax Court issues no opinions prior to IL deadline.
Indiana Court of Appeals
Marcous Ford v. State of Indiana (NFP)
49A04-1112-CR-651
Criminal. Affirms trial court’s conviction of Class B felony battery.
Roger A. Boggs v. State of Indiana (NFP)
03A04-1108-CR-435
Criminal. Affirms trial court conviction of Class B felony armed robbery.
Kathleen G. Babchuk v. Kirk J. Daniels (NFP)
34A05-1111-CT-597
Civil/defamation. Affirms judgment of $35,000 for defamation on behalf of Daniels.
In the Matter of the Involuntary Commitment of R.T. (NFP)
35A02-1110-MH-1088
Mental health. Affirms trial court order continuing regular commitment to Logansport State Hospital.
Marlon L. Pendleton v. State of Indiana (NFP)
45A04-1110-CR-544
Criminal. Affirms trial court conviction of involuntary manslaughter.
Opinions July 10, 2012
Indiana Court of Appeals
In the Matter of the Adoption of N.W.R.; M.R. v. R.B. and R.B., and Indiana Dept. of Child Services
36A01-1109-AD-407
Adoption. Reverses the trial court’s grant of a petition to adopt to foster parents R.B. and R.B., and remands to the trial court with instructions to reconsider evidence after DCS completes investigation of aunt M.R. as a potential adoptive replacement. The court held that the trial court erred in denying DCS’ motion to withdraw consent for the petition after discovering it failed to conduct a complete adoptive placement investigation.
Shepard joins Old National board
Retired Indiana Chief Justice Randall Shepard has been appointed to the board of directors of Old National Bancorp, the Evansville-based company announced Monday.
Columbus-area businessman faces federal fraud charges
A Columbus-area businessman is facing multiple federal charges that he defrauded banks, credit unions and investors of more than $10 million.
Supreme Court justices reject 12 cases
The Indiana Supreme Court added no cases to its docket last week, denying or dismissing transfer in a dozen cases.
Hauke receiver files suit against his former accounting firm
The receiver representing investors in the Ponzi scheme run by convicted money manager Keenan Hauke has sued Hauke's former accounting firm, charging that its negligence contributed to millions of dollars in investor losses.
Opinions July 9, 2012 ILD
7th Circuit Court of Appeals released no Indiana opinions before IL deadline.
Indiana Supreme Court and Indiana Tax Court released no opinions before IL deadline.
Indiana Court of Appeals
Derrick Baker v. State of Indiana (NFP)
48A02-1110-CR-929
Criminal. Affirms trial court conviction of dealing cocaine as a Class B felony.
Opinions July 9, 2012
Indiana Court of Appeals
Derrick Baker v. State of Indiana (NFP)
48A02-1110-CR-929
Criminal. Affirms trial court conviction of dealing cocaine as a Class B felony.
State to defend Planned Parenthood ban after adverse Medicaid recommendation
The Office of the Indiana Attorney General continues to defend a 2011 state law that denies Medicaid funding for health care services to Planned Parenthood because the organization performs abortions. A federal hearing officer recommended that the Department of Health and Human Services disapprove the state Medicaid plan amendment in the law.
Zoeller goes after closed Allcare Dental chain
A chain of dental offices that abruptly closed multiple Indiana locations in December 2010 left patients without care, refunds or records, according to a complaint filed by the Office of the Indiana Attorney General.
7th Circuit upholds conviction over DEA agent withholding evidence
A man convicted of federal charges of distributing cocaine was not deprived a fair trial after a government agent failed to record or relay exculpatory evidence from a co-defendant, the 7th Circuit Court of Appeals ruled Friday.
Opinions July 6, 2012 ILD
Indiana Supreme Court and Indiana Tax Court released no opinions before IL deadline.
Indiana Court of Appeals
Charles Hazelbaker v. State of Indiana (NFP)
53A05-1111-CR-636
Criminal. Affirms trial court conviction of Class C felony incest and determination of defendant as a habitual offender.
Santos C. Lopez v. State of Indiana (NFP)
71A03-1109-CR-480
Criminal. Affirms trial court conviction of Class B felony unlawful possession of a firearm by a serious violent felon.
In the Paternity of: A.R. & P.H., by Next Friend, Tammy Raab; Christopher Hall v. Tammy Raab (NFP)
49A05-1111-JP-577
Domestic relations/child support. Affirms trial court calculation of father’s child support payments to mother.
Alea London, Ltd. v. Richard Nagy, Jr., and Christopher Buckler (NFP)
45A05-1202-CT-83
Civil tort. Reverses and remands the trial court grant of summary judgment for Nagy and Butler and orders entry of summary judgment in favor of Alea London Ltd.
James Daher, Jr. v. State of Indiana (NFP)
56A03-1201-CR-32
Affirms trial court denial of motion for relief from judgment of conviction of Class B felony conspiracy to commit escape with a deadly weapon.
Opinions July 6, 2012
7th Circuit Court of Appeals
U.S. v. Justin Cephus, Jovan Stewart, and Stanton L. Cephus
10-3838, 10-3840, 11-1098
Criminal. Affirms in a case involving conspiracy to entice underage girls to engage in prostitution and transport them across state lines the life sentences without parole of multiple convictions for Justin and Stanton Cephus. The order remands to the trial court to enable the judge to reconcile a discrepancy in Stewart’s sentence of 324 months in federal prison. The judge said Stewart’s sentences were to be served consecutively; the written order indicates the sentences are concurrent.
7th Circuit affirms life sentences in prostitution ring
Two men sentenced to life in prison on an assortment of federal charges related to a prostitution ring involving underage girls that operated in northwest Indiana failed in their appeal before the 7th Circuit Court of Appeals on Friday, but judges asked the trial court to clarify the sentence for a third defendant.
Indianapolis man appointed to Judicial Nominating Commission; Interviews scheduled for Supreme Court vacancy
Ryan Streeter, of Indianapolis, has been appointed to the Indiana Judicial Nominating Commission to serve the remaining months of a term following the resignation of member Fred McCashland.
Drunken driving conviction affirmed; lesser included charge vacated
A Marion Superior Court conviction in a drunken driving case was affirmed Thursday by the Indiana Court of Appeals, but the court ordered a lesser included charge on which the driver was convicted be merged.