Floyd County attorney charged with drunken driving
A southern Indiana lawyer who serves as the attorney for Floyd County government faces drunken driving charges after his arrest on Feb. 7.
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Applications open for St. Joseph judgeship
Applications are being accepted for a forthcoming vacancy on the St. Joseph Superior Court, the Indiana Supreme Court has announced.
Opinions Feb. 8, 2013 ILD
Indiana Court of Appeals
Estate of Ruby L. Rowland: James A. Rowland, Jr. v. Michael B. Rowland (NFP)
48A02-1203-ES-223
Estate, supervised. Affirms the trial court’s denial of the Estate’s petition to recover assets. Ruled the trial court properly found that the presumption of undue influence does not apply and properly found the Estate failed to prove that the statutory presumption for survivorship rights was overcome.
Louis Townsend v. State of Indiana (NFP)
48A04-1207-PC-389
Post conviction. Affirms trial court’s denial of Townsend’s petition for relief. Found the post-conviction court did not err when it concluded that Townsend did not receive ineffective assistance of trial and appellate counsel and when it concluded Townsend was not entitled to post-conviction relief on the basis of newly-discovered evidence.
The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline. The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.
Opinions Feb. 8, 2013
Indiana Court of Appeals
Billy Russell v. State of Indiana
49A04-1203-CR-148
Criminal. Affirms conviction and sentence on charges of murder and Class B felony possession of a firearm by a serious violent felon. The panel found that the trial court did not abuse its discretion in refusing to completely bifurcate the trial of the SVF charge from the murder charge or in refusing to tender Russell’s self-defense jury instruction. The court also determined the 85-year sentence was not inappropriate.
COA affirms murder conviction and sentence over self-defense claim
An Indianapolis man who was convicted and sentenced to 85 years in prison for killing a man who threatened his life and the lives of people inside his home lost his appeal Friday.
Renewal of $50 mortgage foreclosure filing fee advances in House
A $50 filing fee on mortgage foreclosure actions that expired Jan. 1 would be renewed for two years under legislation that advanced this week in the Indiana House of Representatives.
Thief who aimed to teach victim ‘lesson’ gets no relief on appeal
An Indianapolis man who said he stole a video monitoring system and car wash tickets to teach the victim a lesson about leaving valuables in an unlocked car lost his appeal Friday.
Former Marsh CFO sought out bankruptcy lawyers
A former top executive of Marsh Supermarkets Inc. became so concerned about the company’s deteriorating finances less than a decade ago that he took the desperate step of meeting with bankruptcy lawyers.
[Article Headline]
On The Move highlights employment news, awards and honors attorneys receive, and board appointments or elected positions. Digital images should be 200 dpi and saved as eps, tiff or jpg. Color images are preferred. Information must be submitted at least 10 days before the Wednesday issue in which it is to appear. Submit your announcement […]
Jury: Real estate execs Bales, Spencer not guilty of fraud
John M. Bales lifted his crossed hands to his face and began to cry Thursday evening as a federal judge read the same jury verdict on each of 13 fraud counts against the real estate broker and his partner: Not guilty.
Opinions Feb. 7, 2013 ILD
Indiana Court of Appeals
Christopher Estridge v. State of Indiana (NFP)
15A01-1205-CR-209
Criminal. Affirms revocation of probation.
Kenneth L. Robinson v. State of Indiana (NFP)
49A02-1206-CR-514
Criminal. Affirms conviction of Class C felony possession of cocaine.
Charles Day v. State of Indiana (NFP)
79A04-1206-CR-303
Criminal. Affirms convictions of three counts of Class A felony child molesting and two counts as Class C felonies, Class A felony attempted child molesting and Class D felony child solicitation; and affirms sentence of 44 years in the Department of Correction.
Kenny L. Futch v. State of Indiana (NFP)
02A03-1209-CR-381
Criminal. Affirms two convictions of Class B felony dealing in cocaine and two concurrent 17-year sentences with two years suspended to probation on each count.
James Kerner v. State of Indiana (NFP)
49A05-1205-CR-271
Criminal. Affirms conviction of Class A misdemeanor trespass.
Jamie Masterson v. State of Indiana (NFP)
49A02-1206-CR-485
Criminal. Affirms conviction of Class D felony identity deception.
In Re: The Adoption of T.W.: T.J. v. J.B. (NFP)
02A05-1108-AD-451
Adoption. Affirms that consent of father T.J. is not required for adoption of T.W.
Prince Harris v. State of Indiana (NFP)
45A03-1205-CR-232
Criminal. Affirms convictions of murder and robbery.
Larry R. Dean, Jr. v. State of Indiana (NFP)
27A04-1204-PC-174
Post conviction. Affirms denial of petition for post-conviction relief.
Anthony Paul Banks v. State of Indiana (NFP)
50A05-1207-CR-343
Criminal. Affirms revocation of probation and order Banks serve his entire previously suspended sentence in the Department of Correction.
In Re: The Paternity of B.H.: S.H. v. B.B. (NFP)
54A01-1208-JP-340
Juvenile. Affirms order modifying father S.H.’s child support obligation based on a determination hearing that the child is incapacitated.
Neff Family Fertilizer, Inc. v. John Jones Chevrolet Buick Cadillac of Salem, Inc. (NFP)
88A05-1207-PL-381
Civil plenary. Affirms entry of summary judgment in favor of John Jones dealership on Neff Family Fertilizer’s suit for damages after Neff canceled its order for a new truck.
Gregory D. Sutton v. State of Indiana (NFP)
01A02-1210-CR-876
Criminal. Affirms sentence for Class C felony nonsupport of a dependent child.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Marriage amendment vote put off until 2014
Indiana legislators have decided to hold off on pursuing this session an amendment to the state constitution defining marriage between a man and woman, citing the pending cases on the topic before the U.S. Supreme Court.
Opinions Feb. 7, 2013
7th Circuit Court of Appeals
Jurijus Kadamovas v. Michael Stevens, et al.
12-2669
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses dismissal of prisoner Kadamovas’ lawsuit against prison officials and other inmates for unintelligibility. The suit is actually written clearly and not 99 pages as the judge believed, but just 28 pages. Remands for further consideration.
Marsh defense: Travel was integral to company success
Without membership in certain international business organizations, Don Marsh says he could not have built his grocery chain into a billion-dollar company.
Bales trial in jury’s hands after colorful closings
The jury began deliberations Thursday in the federal fraud trial of Indianapolis real estate broker John M. Bales and partner William E. Spencer after three hours of spirited closing arguments Wednesday.
Judges uphold man’s 151-month sentence
A judge on the 7th Circuit Court of Appeals believed a defendant was entitled to resentencing because the District judge could only view him through “career-offender tinted glasses” even though the career offender distinction did not ultimately apply to him.
District judge incorrectly dismissed prisoner’s suit for length and unintelligibility
The 7th Circuit Court of Appeals ordered U.S. Judge William T. Lawrence to take another look at a federal prisoner’s Bivens lawsuit against prison staff and other unnamed defendants, finding that the lawsuit is actually written clearly and not as long as the judge believed when dismissing it.
Woman’s sentence revised because she is not among ‘worst offenders’
A home health care nurse whose flight from police while high on drugs and with her 89-year-old patient in the car had her sentence reduced because the Court of Appeals concluded she is not among the “worst offenders.” The high-speed chase led to a crash and the death of the patient from injuries she sustained.
Court split over denial to commit man with dementia
Although the majority on the Indiana Court of Appeals acknowledged it would have been better for the trial court to follow the statutory commitment procedures instead of outright denying the state’s motion to commit, it affirmed the trial court’s conclusion.
Judges uphold convictions stemming from bank robbery
Terry Smith made five arguments to the Indiana Court of Appeals as to why his convictions of robbery and other charges related to his robbing of an Indianapolis bank should be thrown out, but the judges weren’t persuaded to reverse his convictions.