7th Circuit affirms lower court in appeal over firing
The 7th Circuit Court of Appeals has ruled that a bank did not violate a woman’s rights by terminating her employment because of her husband’s immigration status.
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Bankruptcy court seeks applicants for 2 positions
Applications are being accepted through June 22 for two bankruptcy judge positions in the U.S. District Court for the Southern District of Indiana.
Justices vacate review of voided tax warrants in ‘puppy mill’ case
The Indiana Supreme Court on Tuesday vacated an order granting review in a case that concluded tax agencies and the Indiana attorney general’s office overstepped their authority by issuing jeopardy tax warrants to seize animals from an alleged puppy mill in Harrison County.
Opinions May 18, 2012 ILD
7th Circuit Court of Appeals, Indiana Tax Court and Indiana Supreme Court had issued no opinions by IL deadline.
Indiana Court of Appeals
Warren E. Parks v. State of Indiana (NFP)
89A01-1111-CR-515
Criminal. Affirms conviction of and sentence for Class B felony unlawful possession of a firearm by a serious violent felon and habitual offender enhancement.
Motique Orr v. State of Indiana (NFP)
49A02-1110-CR-954
Criminal. Reverses Class A misdemeanor conviction of possession of marijuana, citing double jeopardy grounds, but affirms conviction of Class A misdemeanor dealing marijuana.
Madeline Jones v. John W. Townsend (NFP)
10A01-1108-CT-348
Civil tort. Affirms verdict in favor of Townsend in a personal injury suit.
Opinions May 18, 2012
Indiana Court of Appeals
In Re the Adoption of S.J., R.W. v. G.C. and J.C.
04A03-1110-AD-449
Adoption. Dismisses appeal from R.W., the biological father of S.J., holding than an order that states his consent is not required for the petition to proceed neither grants nor denies S.J.’s adoption and is not a final, appealable action.
ISBA presents business school for lawyers
The Indiana State Bar Association has partnered with Butler University’s College of Business, Executive Education Office, to offer Business School for Lawyers beginning in August.
Court holds order is not a final action
The Indiana Court of Appeals has dismissed an appeal from a father, holding that an order regarding an adoption petition is not a final judgment.
Bar foundation names 2012 fellows
The Fellows of the Indiana Bar Foundation will induct 33 new members at its Fellows Dinner and Annual Meeting July 20 in French Lick, Ind.
2 named to Board of Law Examiners
Two new members have been appointed to serve on the Indiana State Board of Law Examiners, according to an order signed May 4 by Chief Justice Brent Dickson.
Opinions May 17, 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
Kenneth A. Lainhart v. State of Indiana (NFP)
24A01-1105-CR-241
Criminal. Affirms convictions of and sentence for Class B felonies dealing in methamphetamine by manufacturing and conspiracy to deal in methamphetamine by manufacturing, Class C felony possession of a handgun with obliterated identification marks, and Class D felonies maintaining a common nuisance and dumping of a controlled substance waste.
A.B. v. State of Indiana (NFP)
20A03-1112-JV-540
Juvenile. Affirms finding that A.B. is a delinquent child for committing what would be Class A misdemeanor battery if committed by an adult.
Alply Architectural Building Systems LLC, Alply, Inc., and John Peters v. Corrlines LLC and David J. Smith (NFP)
29A02-1111-CC-1032
Civil collection. Affirms denial of Alply’s motion to dismiss the breach of contract suit.
J.H. v. State of Indiana (NFP)
57A03-1201-JV-25
Juvenile. Affirms placement at the Indiana Boys’ School.
Wendell E. Mardis v. State of Indiana (NFP)
84A04-1109-CR-481
Criminal. Affirms conviction of Class A felony voluntary manslaughter.
Anthony Cross v. State of Indiana (NFP)
20A03-1109-CR-442
Criminal. Affirms conviction of Class B felony robbery while armed with a deadly weapon.
Brian Riley v. State of Indiana (NFP)
65A01-1111-CR-552
Criminal. Affirms sentence for Class C felony battery resulting in serious bodily injury.
Jermaine M. Lockett v. State of Indiana (NFP)
02A03-1107-CR-376
Criminal. Affirms convictions of and sentence for Class A felony dealing in cocaine and Class A misdemeanor possession of marijuana.
Trevon T. Marshall v. State of Indiana (NFP)
02A04-1110-CR-522
Criminal. Affirms sentence following guilty plea to Class C felony carrying a handgun without a license.
Kenneth Keehn v. State of Indiana (NFP)
46A05-1106-CR-332
Criminal. Affirms conviction of Class A felony dealing in a schedule I controlled substance.
David C. Wilson v. State of Indiana (NFP)
49A04-1110-CR-516
Criminal. Affirms sentence for Class A felony burglary and Class B felonies possession of a firearm by a serious violent felon and conspiracy to commit burglary.
Mark Alderman v. State of Indiana (NFP)
08A02-1110-CR-916
Criminal. Affirms conviction of Class A misdemeanor cruelty to an animal.
Robin Wood v. State of Indiana (NFP)
49A02-1109-CR-799
Criminal. Affirms order that Wood pay a $200 drug interdiction fee following her guilty plea to Class A misdemeanor possession of marijuana.
Roderick Ramone Wiggins v. State of Indiana (NFP)
45A05-1106-CR-291
Criminal. Affirms convictions of three counts of murder and sentence imposed.
Dean E. Overholser v. State of Indiana (NFP)
71A04-1108-CR-436
Criminal. Affirms conviction of Class D felony possession of marijuana by cultivation.
Marvin L. Boatright v. State of Indiana (NFP)
49A02-1108-CR-729
Criminal. Affirms conviction of Class C felony forgery.
John F. Fyock v. State of Indiana (NFP)
02A03-1109-CR-421
Criminal. Affirms convictions of and sentences for four counts of Class B felony dealing in a schedule I, II or II controlled substance.
Michael Lee Massing v. State of Indiana (NFP)
20A04-1110-CR-602
Criminal. Affirms denial of petition to file a belated appeal of notice.
Brian Andert v. State of Indiana (NFP)
71A05-1109-CR-509
Criminal. Affirms convictions of three counts of Class B felony sexual misconduct with a minor.
Daniel W. Beatty v. State of Indiana (NFP)
39A05-1107-CR-339
Criminal. Affirms convictions of dealing in methamphetamine, a Class A felony; conspiracy to deal methamphetamine, a Class A felony; possession of methamphetamine, a Class B felony; possession of precursors, a Class D felony; and his adjudication as a habitual substance offender.
Opinions May 17, 2012
Indiana Court of Appeals
Heriberto Suarez v. State of Indiana
02A05-1106-PC-325
Post conviction. Affirms denial of petition for post-conviction relief. The court did not err in denying his claim that he received ineffective assistance of trial counsel.
Justices deny rehearing in state back-pay case
Three of the five Indiana Supreme Court justices declined to reconsider their decision to cut the amount of back pay certain state employees could receive.
Judges uphold revocation of probation
The Indiana Court of Appeals affirmed the revocation of a man’s probation after he admitted a violation to the judge at his hearing on petition to revoke.
Man not prejudiced by lawyer’s failure to advise about deportation
A defendant’s trial counsel was deficient by not advising his client about the risk of deportation following a guilty plea, but the defendant wasn’t prejudiced by the performance, the Indiana Court of Appeals concluded.
No error in admitting testimony of domestic violence expert
The Indiana Court of Appeals ruled that the admission of testimony by a domestic violence expert at trial did not violate four of Indiana’s evidence rules, as the defendant argued.
DNA swab of juvenile is not fundamental error
The Indiana Court of Appeals found police acted improperly in swabbing a teen’s penis to obtain DNA evidence and that the trial court erred in admitting this test into evidence, but that the error was harmless.
Court affirms permit to build new wastewater treatment plant
The Indiana Department of Environmental Management’s decision to issue a permit to the city of Hobart to operate a new wastewater treatment plant was not arbitrary, capricious or otherwise contrary to law, the Indiana Court of Appeals ruled.
Judges uphold convictions of invasion of privacy
In a combined appeal, the Indiana Court of Appeals found Marion County was the proper venue to try a defendant’s invasion of privacy charges. Dewayne Jones claimed prosecutors couldn’t prove his victims were in Marion County when he called them, a violation of a no-contact order.
Indiana receives settlement from Sketchers for false claims about shoe benefits
Indiana will receive more than $105,000 from Sketchers USA from a settlement for falsely claiming some of its shoes could help consumers lose weight and tone up.
Commission names 5 COA semifinalists
After a day of interviews, the Indiana Judicial Nominating Commission has picked the five people who remain in the running to become a Court of Appeals judge.