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Opinions May 10, 2012 ILD

7th Circuit Court of Appeals posted no opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Larry R. Busche, II v. State of Indiana (NFP)
02A03-1108-CR-418
Criminal. Affirms conviction of and sentence for Class B felony rape.

Raymond H. Mims v. State of Indiana (NFP)
49A04-1109-CR-499
Criminal. Affirms conviction of Class C felony forgery.

Sharon D. Collins v. State of Indiana (NFP)
48A05-1109-CR-490
Criminal. Affirms imposition of consecutive sentences for Collins’ four Class B felony arson convictions, but remands with instructions to resentence her because the arson sentences violate the statutory maximum for felony convictions arising out of an episode of criminal conduct.

Gary W. Ferguson v. State of Indiana (NFP)
73A05-1108-CR-434
Criminal. Affirms conviction of Class A felony dealing in a narcotic drug.

Seth T. Lipscomb v. State of Indiana (NFP)
71A03-1109-CR-443
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class D felony theft.

In Re the Estate of Nancy Jean McMillen, Donna McMillen v. Thomas Kane (NFP)
71A03-1107-ES-324
Estate, supervised. Affirms denial of Donna McMillen’s petition in which she sought to remove Kane as the personal representative of the estate and as trustee of a trust established by Nancy McMillen’s will, of which Donna McMillen was the named beneficiary.

Michael West v. State of Indiana (NFP)
49A04-1108-PC-451
Post conviction. Affirms denial of petition for post-conviction relief.

Russell W. Yerden v. State of Indiana (NFP)
49A02-1110-PC-1010
Post conviction. Affirms in part and reverses in part denial of petition for post-conviction relief. Remands for correction of Yerden’s sentence.

 

Opinions May 10, 2012

Indiana Court of Appeals
Allison Riggle v. State of Indiana
49A05-1109-CR-472
Criminal. Reverses conviction of Class A misdemeanor possession of marijuana. The traffic stop was invalid because Riggle did not commit a traffic violation. Remands with instructions to vacate her conviction.

Suit claims marriage statute unconstitutional

A secular group and three of its members are suing the Marion County prosecutor and clerk, claiming an Indiana statute is unconstitutional because it says that religions are the only groups with rights to have their beliefs recognized in marriage ceremonies.

State concedes traffic stop was invalid

On the appeal of a woman’s conviction of possession of marijuana, the state conceded that the traffic stop that led to the discovery of the drug was invalid. The Indiana Court of Appeals accordingly reversed the conviction.

COA reverses in foreclosure dispute

The Indiana Court of Appeals reversed the denial of a couple’s motion for relief from judgment and request for attorney fees in a foreclosure dispute, finding the couple established the party seeking to foreclose on their property acted in bad faith.

Opinions May 9, 2012 ILD

7th Circuit Court of Appeals posted no opinions by IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals
In the Matter of Children Alleged to be Children in Need of Services, D.H. & G.H., and D.B.H. v. The Indiana Dept. of Child Services (NFP)
71A03-1109-JC-425
Juvenile. Affirms determination that children are in need of services.

In Re the Marriage of: Tanya A. (Bennett) Louderback v. Edward L. Bennett (NFP)
58A01-1109-DR-449
Domestic relation. Affirms order granting Bennett’s motion to modify custody, awarding primary custody to Bennett.

Clinton Davis v. State of Indiana (NFP)
48A05-1110-CR-547
Criminal. Affirms denial of fourth motion to correct erroneous sentence.

Henry L. Shell, Jr. v. State of Indiana (NFP)
52A04-1107-CR-370
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.

Mark Bailey v. State of Indiana (NFP)
49A05-1110-CR-541
Criminal. Affirms conviction of Class D felony possession of cocaine.

Zachary Bowser v. State of Indiana (NFP)
49A02-1107-CR-638
Criminal. Affirms order denying motion to suppress evidence and remands for further proceedings.

Kathryn Gillespie v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)
93A02-1106-EX-539
Agency appeal. Affirms decision that Gillespie is ineligible for unemployment benefits.

Juan Murillo Bravo v. Silvia Bravo and Rancho Bravo, Inc. (NFP)
54A01-1108-PL-354
Civil plenary. Affirms order awarding attorney fees to Rancho Bravo and Silvia Bravo.

C.K. v. Indiana Department of Child Services (NFP)
02A05-1110-JT-593
Juvenile. Affirms involuntary termination of parental rights.

Term. of the Parent-Child Rel. of A.B. and P.B.; E.B. (Mother) v. Indiana Dept. of Child Services (NFP)
35A04-1111-JT-629
Juvenile. Affirms involuntary termination of parental rights.

Robert Allen Barker v. State of Indiana (NFP)
36A01-1109-CR-405
Criminal. Affirms sentence for Class B felony possession of a firearm by a serious violent felon.

Paul T. Dhaenens v. State of Indiana (NFP)
30A01-1111-CR-567
Criminal. Affirms convictions of Class C felony criminal confinement and Class D felony domestic battery.

 

No error in admitting deposition testimony of witness

The Indiana Court of Appeals found the trial court did not err in admitting the deposition testimony of a witness in a murder case who refused to testify at trial and whom the defendant had a chance to examine at the deposition.

Judges uphold drug convictions and sentence

A defendant’s argument that his Fourth Amendment rights were violated when police searched his vehicle and found pills failed because the man abandoned his vehicle after the traffic stop. By fleeing, he relinquished any reasonable expectation of privacy in the car, the Indiana Court of Appeals held.

Man can’t prove ineffective lawyer assistance

The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding neither his trial nor appellate counsel were ineffective in his case involving a voluntary manslaughter conviction.

Changing, walking to workstations not compensable acts

The 7th Circuit Court of Appeals has ruled that employees asking to be compensated for changing into safety clothing and walking to their work stations are undermining the efforts of the union that represents them.

7th Circuit rules Lilly sales reps not entitled to overtime

Pharmaceutical sales representatives from Eli Lilly & Co. and Abbott Laboratories were properly classified by their employers under the administrative exemption to the overtime requirements of the Fair Labor Standards Act, the 7th Circuit Court of Appeals ruled. The lawsuit brought by employees of both companies raised an issue of first impression for the Circuit court.

Opinions May 8, 2012 ILD

The 7th Circuit Court of Appeals issued no opinions prior to IL deadline. The Indiana Supreme Court, Tax Court and Court of Appeals are closed Tuesday for Election Day.

AG announced Depakote settlement

Attorney General Greg Zoeller announced Monday that Indiana will recoup millions of dollars in two separate settlements of multistate lawsuits against pharmaceutical maker Abbott Laboratories over illegal off-label marketing of its drug, Depakote.

Indiana Supreme Court takes two cases

The Indiana Supreme Court has granted transfer to two cases for the week ending May 3 – one involving a physician, and one involving a man convicted of child molesting.

IndyBar Law Day 2012

Photos from the career fair organized by the IndyBar for Law Day 2012.

IBA: Opportunity to Help

With generous support from the Indianapolis Bar Foundation, the Health and Human Rights Clinic (“HHRC”) at the Robert H. McKinney School of Law invites local attorneys to team with clinical faculty in providing pro bono representation to low-income clients in the Indianapolis community.