Teen Court to hold Super Saturday session
More than 30 volunteers will assist with 11 Teen Court cases from 9 a.m. to 1 p.m. June 16 at Reach For Youth, 3505 N. Washington Blvd., Indianapolis, 46205.
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Bar foundation to receive $10,000 grant for training
The National Society Daughters of the American Revolution announced Friday that the organization will donate $10,000 to the Indiana Bar Foundation to teach about the United States Constitution. Funding for this project was made possible through the sponsorship of the Rushville, Ind. chapter, National Society DAR.
YLS teams with Make-A-Wish Foundation
The Indiana State Bar Association’s Young Lawyers Section is teaming up with the Make-A-Wish Foundation to sponsor a benefit concert at the Rathskeller Biergarten in Indianapolis from 4 to 9 p.m. June 17.
Opinions June 14, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
In Re the Term. of the Parent-Child Rel. of: C.V., O.V., and J.V. and G.J. v. The Indiana Dept. of Child Services (NFP)
10A01-1111-JT-516
Juvenile. Affirms termination of parental rights.
Ronald G. Becker v. State of Indiana (NFP)
45A03-1112-CR-539
Criminal. Affirms order vacating a determination that Becker was entitled to relief from reporting and registration requirements applicable to a sexually violent predator.
Darrell Warren v. State of Indiana (NFP)
29A02-1112-CR-1198
Criminal. Affirms sentence of Class D felony invasion of privacy.
Eddie R. Smith, Jr. v. State of Indiana (NFP)
34A04-1112-CR-658
Criminal. Affirms sentence following guilty plea to Class D felony failure to register as a sex offender.
In the Matter of the Adoption of M.L.B. v. K.J.R. and P.L.R. (NFP)
41A05-1107-AD-363
Adoption. Affirms order granting stepfather P.L.R.’s petition to adopt M.L.B.
Salvador S. Castro v. State of Indiana (NFP)
39A04-1107-CR-344
Criminal. Affirms trial court decision to not suspend any portion of Castro’s sentence for Class A felonies dealing cocaine and conspiracy to commit dealing cocaine and Class A misdemeanor carrying a handgun without a license.
Adam Mittler v. State of Indiana (NFP)
49A05-1112-CR-623
Criminal. Vacates portion of the trial court order that failed to credit Mittler’s time on home detention against his sentence and remands with instructions to calculate the time Mittler served in home detention and to credit such time against his sentence.
In Re: The Visitation of M.L.B.; K.J.R. v. M.A.B. (NFP)
41A01-1107-MI-285
Miscellaneous. Affirms order granting grandfather M.A.B.’s petition for visitation rights to M.L.B.
Opinions June 14, 2012
Indiana Court of Appeals
In Re the Term. of the Parent-Child Rel. of: C.V., O.V., and J.V. and G.J. v. The Indiana Dept. of Child Services (NFP)
10A01-1111-JT-516
Juvenile. Affirms termination of parental rights.
Law students help gain political asylum for clients
Three immigration clinic students from Indiana University Robert H. McKinney School of Law have won political asylum for two people – a young woman who fled to the United States after being subjected to female genital mutilation and a young man who feared persecution in Zimbabwe because of his HIV status.
Justices vacate transfer to Criminal Rule 4(B) appeal
The Indiana Supreme Court has decided that a Court of Appeals decision reversing the denial of man’s motion for discharge will stand.
Trial evidence shows desperation in Fair Finance’s final days
The men who presided over Fair Finance were at their wits end by late 2009. In government-recorded phone calls and intercepted emails introduced as evidence in U.S. District Court this week, they come across as exhausted, angry and determined.
Trial court erred in excluding evidence of mediation communications
Even though the trial court erred in excluding an ex-husband’s offer of evidence of communications during a settlement agreement following his divorce to establish a mistake occurred in drafting the agreement, the error was harmless, the Indiana Court of Appeals ruled. This case raised an issue of first impression regarding whether communications during mediation can be used as extrinsic evidence.
7th Circuit upholds 300-month sentence
The United States Sentencing Guidelines aren’t susceptible to vagueness challenges, so a defendant’s claim that the career offender sentencing guideline is unconstitutionally vague failed, the 7th Circuit Court of Appeals ruled.
Opinion examines use of sole eyewitness testimony
The Indiana Court of Appeals delved into the issues surrounding the reliance on just one witness’s identification and testimony regarding the person who robbed her to convict the defendant.
Judges reverse CHINS determination
The Indiana Court of Appeals reversed the determination that a brother and sister are children in need of services, finding there was “simply no evidence” to support the finding.
Justices find evidence supports intent to commit theft
The Indiana Supreme Court upheld a man’s burglary conviction, finding sufficient evidence to support that he broke into the church and entered it with the intent to commit theft.
Opinions June 13, 2012 ILD
Wednesday’s opinions
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Chad Stewart v. State of Indiana (NFP)
79A02-1110-CR-972
Criminal. Affirms sentence following guilty plea to two counts of Class B felony child molesting.
Auto Liquidation Center, Inc. v. McKesha Bates (NFP)
02A03-1111-SC-553
Small claim. Affirms judgment in favor of Bates on her breach of contract and criminal conversion claims. Remands for calculation of appellate attorney fees owed to Bates.
Carl D. Jackson, Jr. v. State of Indiana (NFP)
20A03-1111-CR-500
Criminal. Affirms conviction of Class D felony battery.
Anthony Michael Beck and Sandra Beck, natural parents and next friends of Jacob Leslie Beck, minor v. Scott Memorial Hospital and Larry Hunefeld, M.D. (NFP)
72A01-1107-CC-293
Civil collection. Affirms grant of a motion in limine filed by Scott Memorial Hospital.
Opinions June 13, 2012
7th Circuit Court of Appeals
United States of America v. Cristofer Tichenor
11-2433
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker
Criminal. Affirms 300-month sentence following guilty plea to armed robbery and discharging a firearm in connection with robbing a bank. Rejects Tichenor’s argument that the career offender sentencing guideline is unconstitutionally vague, finding that the guidelines are not susceptible to vagueness challenges and the U.S. Sentencing Commission did not exceed its authority by promulgating the “crime of violence” definition.
Circle City Links chapter to honor local attorneys, judge
The Circle City Chapter of The Links Inc. will honor members of the legal profession at its 16th annual Jazz Brunch and Fundraiser June 16.
Opinions June 12, 2012 ILD
Indiana Supreme Court and Indiana Tax Court had issued no opinions by IL deadline.
Indiana Court of Appeals
In the Matter of the Involuntary Term. of the Parent-Child Rel. of V.B., and R.B.; R.B. v. Indiana Dept. of Child Services (NFP)
49A05-1111-JT-654
Juvenile. Affirms termination of father’s parental rights.
Anthony Tyrone White v. State of Indiana (NFP)
18A02-1109-CR-871
Criminal. Affirms revocation of placement in home detention.
Eric D. Smith v. Steve Euler, Melvin Brooks, Marty Sexton, and Jason Jacob (NFP)
46A03-1110-CT-493
Civil tort. Affirms trial court’s denial of “veteran pro se litigant” Smith’s motion for relief from judgment. Holds the appeal was in bad faith and remands for determination of appellate attorney fees to which appellees may be entitled.
Carlton P. Wilson v. State of Indiana (NFP)
71A03-1108-CR-384
Criminal. Affirms conviction of Class A felony arson.
Jack Arthur Griffin v. State of Indiana (NFP)
30A05-1112-CR-689
Criminal. Affirms conviction of and sentence for Class B felony burglary.
Michael J. Maurer v. State of Indiana (NFP)
17A03-1112-CR-552
Criminal. Affirms trial court’s order denying Maurer’s motion to suppress.
Hassan M. Aljarah v. State of Indiana (NFP)
20A03-1111-CR-541
Criminal. Affirms conviction of attempted murder.
Donato Luna-Quintero v. State of Indiana (NFP)
49A02-1110-CR-931
Criminal. Affirms conviction of felony murder.
James O. Reichenbaugh v. State of Indiana (NFP)
02A03-1110-CR-492
Criminal. Affirms convictions of three counts of Class A felony child molesting, two counts of Class C felony child molesting, two counts of Class B felony sexual misconduct with a minor and one count of Class C felony sexual misconduct with a minor.
Opinions June 12, 2012
7th Circuit Court of Appeals
Svetlana Arizanovska v. Wal-Mart Stores, Incorporated
11-3387
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Affirms District Court’s finding of summary judgment against Arizanovska on her claims of discrimination, retaliation and other state-law claims against her employer, Wal-Mart. Holds that Wal-Mart’s suggestion that Arizanovska take an unpaid leave of absence was outlined in company policy and was not an adverse, retaliatory response to her filing a discrimination claim.
Wal-Mart did not discriminate against pregnant employee, 7th Circuit rules
The 7th Circuit Court of Appeals held that a woman failed to prove her claims of discrimination, retaliation and other complaints against her former employer.
Indiana Supreme Court takes 9 cases
The Indiana Supreme Court granted transfer to nine cases – six of them criminal – and denied transfer to 30 for the week ending June 8.