Next round of COA interviews June 4
The five semifinalists for the Indiana Court of Appeals will have their second round of interviews the afternoon of June 4.
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Nephews’ appeal over estate dispute dismissed
Even though the trial court said its order regarding a petition to set aside a family settlement agreement was final and appealable, it was not, so the Indiana Court of Appeals dismissed an appeal sua sponte.
Opinions May 25, 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
Anthony McCoy v. State of Indiana (NFP)
02A03-1110-PC-511
Post conviction. Affirms denial of petition for post-conviction relief.
Keith M. Butler v. State of Indiana (NFP)
02A03-1105-CR-187
Criminal. Affirms convictions of and sentence for two counts each of Class B felony sexual misconduct with a minor and Class C felony sexual misconduct with a minor and one count of Class D felony child solicitation.
William Pargo v. State of Indiana (NFP)
49A05-1104-CR-174
Criminal. Affirms grant of state’s motion to amend charges against Pargo.
Clovis Smith v. Alexandra Ryan (NFP)
07A01-1111-PO-518
Protective order. Affirms issuance of protection order and determination that Smith is “Brady disqualified” from buying a firearm.
Victoria Thomas v. National Education Association-South Bend and South Bend School Corporation (NFP)
71A03-1107-MI-383
Miscellaneous. Affirms denial of Thomas’ motion to stay and affirmation of the decision by the Indiana Education Employment Relations Board that concluded the National Education Association – South Bend did not violate its duty to fairly represent Thomas in her grievance against her employer, South Bend Community School Corp.
Lucas E. Holland v. State of Indiana (NFP)
53A01-1107-CR-333
Criminal. Affirms sentence for murder and Class B felony armed robbery.
Lorinda Harper v. State of Indiana (NFP)
90A02-1110-CR-981
Criminal. Affirms conviction of Class D felony receiving stolen property.
Darrell Lawrence v. State of Indiana (NFP)
49A02-1110-CR-939
Criminal. Affirms order that Lawrence serve his entire suspended sentence following a probation violation.
Shane J. Johnson v. State of Indiana (NFP)
84A01-1107-CR-350
Criminal. Affirms in part and remands for a more specific statement of the terms of Johnson’s probation revocation consistent with the opinion.
Jeremy Kyle Everhart v. State of Indiana (NFP)
64A04-1105-CR-253
Criminal. Dismisses appeal for lack of jurisdiction.
Paul Esparza v. Denis Lynch (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/may/05251204msm.pdf
75A04-1104-SC-184
Small claim. Affirms $1,000 judgment in favor of Lynch for destruction of property.
Opinions May 25, 2012
Indiana Court of Appeals
E. Paul Haste v. State of Indiana
03A01-1108-CR-369
Criminal. Dismisses Haste’s appeal of his conviction of and sentence for Class B felony dealing in methamphetamine because the order from which he appeals isn’t a final judgment.
Court didn’t err in allowing impeachment testimony
The Indiana Court of Appeals found the trial court did not err in allowing a police detective to testify as to what a witness told him about a shooting.
Judges uphold murder conviction
The Indiana Court of Appeals found the evidence that a defendant committed murder was overwhelming, so any suppression of a witness’s testimony by the prosecution was no more than a harmless error.
Court dismisses appeal because order isn’t final
The Indiana Court of Appeals dismissed sua sponte a man’s appeal of his conviction of and sentence for Class B felony dealing in methamphetamine, because the order he appeals from isn’t a final judgment.
No IL daily on Monday
Indiana Lawyer daily will not be published May 28 in observance of the Memorial Day holiday.
Accident not covered under insurance policy
A man who was involved in a car accident while riding in his friend’s vehicle lost his appeal in which he argued that his friend’s car was a temporary substitute for his own and he should be entitled to underinsured motorist coverage.
No error in finding defendant jointly and severally liable
The Indiana Court of Appeals affirmed the finding that a man was jointly and severally liable for damages following a fight over a girl.
Shepard to attend 4th commencement
Since stepping down from the Indiana Supreme Court in March, former Chief Justice Randall T. Shepard has been busy attending college graduations. On Friday, he will visit his fourth school, New England Law – Boston, and deliver the commencement speech.
Opinions May 24, 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
Term. of Parent-Child Rel. of K.N., C.M., and K.M.; M.M. (Mother) and C.M. (Father) v. The Indiana Department of Child Services (NFP)
79A04-1109-JT-541
Juvenile. Affirms involuntary termination of parental rights.
Charles Hunter v. State of Indiana (NFP)
49A02-1111-CR-1000
Criminal. Affirms revocation of probation and imposition of the five-year suspended portion of Hunter’s sentence.
Christopher Master v. State of Indiana (NFP)
65A01-1108-CR-361
Criminal. Affirms sentence for Class B felonies rape and criminal deviate conduct.
Darryl Anderson v. State of Indiana (NFP)
49A02-1107-CR-601
Criminal. Affirms convictions of Class B felony rape, Class C felony criminal confinement and Class A misdemeanor battery.
David West v. State of Indiana (NFP)
18A02-1111-CR-1013
Criminal. Affirms sentence imposed following revocation of probation.
Bret Beiler v. State of Indiana (NFP)
38A02-1109-CR-839
Criminal. Affirms convictions of Class B misdemeanor public intoxication and Class A misdemeanor resisting law enforcement.
In Re the Paternity of B.C., M.L. v. D.N., Jr. (NFP)
05A02-1110-JP-964
Juvenile. Reverses decision to set aside paternity affidavit executed by D.C. and N.E. and the May 26, 2009, paternity order.
John W. Mitchell v. American Acceptance Co., LLC, as Assignee of Chase Bank USA, N.A. (NFP)
02A03-1108-CC-366
Civil collection. Affirms grant of summary judgment to American Acceptance Co. on its complaint for collection of credit card debt.
Joshua M. Santiago v. State of Indiana (NFP)
10A01-1109-CR-493
Criminal. Affirms convictions of and sentence for Class B felonies stalking and burglary, Class D felony intimidation, Class A misdemeanors invasion of privacy, battery and resisting law enforcement, Class B misdemeanor criminal mischief, and adjudication as a habitual offender.
Opinions May 24, 2012
Indiana Court of Appeals
Finance Center Federal Credit Union v. Ronnie D. Brand, Debora J. Brand and GMAC Mortgage, LLC
49A02-1111-MF-1089
Mortgage foreclosure. Affirms partial summary judgment in favor of GMAC regarding the priority of the GMAC Mortgage and Finance Center Federal Credit Union mortgages. Equity should not allow the Finance Center to gain an unexpectedly elevated priority because of any negligence of GMAC that did not harm Finance Center.
Judges find mortgage company not culpably negligent
In a dispute over which mortgage has priority in a foreclosure action, the Indiana Court of Appeals affirmed summary judgment for the senior mortgage holder. The judges found the doctrine of equitable subrogation applies.
COA rules on first impression possession of marijuana issue
A woman’s objection over how much marijuana was being attributed to her led the Indiana Court of Appeals to apply for the first time Supreme Court precedent regarding possession of marijuana.
Legislature announces summer study committees
The Legislative Council of the Indiana General Assembly has assigned the study topics various committees will examine this summer and fall. Some of the areas include creating a centralized department of administrative law judges and review of various Department of Child Services practices.
Opinions May 23, 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
Dionne Harris v. State of Indiana (NFP)
34A04-1111-PC-593
Post conviction. Affirms denial of petition for post-conviction relief.
Jason Poole v. State of Indiana (NFP)
49A02-1110-CR-904
Criminal. Affirms convictions of Class A misdemeanor possession of paraphernalia and Class B misdemeanor possession of a knife with an automatic blade.
Opinions May 23, 2012
Indiana Court of Appeals
Gabriel J. Sharkey v. State of Indiana
84A04-1110-CR-550
Criminal. Affirms sentence following guilty plea to Class D felony intimidation. Sharkey’s 18-month suspended sentence is appropriate in light of the nature of the crime and his character.
122 Indiana courts now on Odyssey
With the additions of Henry and Jackson counties to the Odyssey case management system, 41 counties and 122 courts are now hooked into the system.
Court upholds sentence following threat to school
A father who was upset that he couldn’t talk to his daughter after she was arrested at school for having drugs threatened to come to the school with his “guns blaring.” He was arrested and given a suspended sentence for Class D felony intimidation, which the Indiana Court of Appeals affirmed.