COA reverses conviction based on continuing crime doctrine
The Indiana Court of Appeals has reversed one conviction against a man charged with multiple offenses for stabbing his wife.
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IndyBar releases results of judicial candidate peer evaluation
The Indianapolis Bar Association’s Judicial Excellence Political Action Committee released the results of its 2012 judicial candidate evaluation. The Democratic and Republican Party ballots will feature twelve candidates vying for 10 spots on Marion Superior Court. The candidates received varied approval rates, from just 18 percent to nearly 97 percent.
Opinions April 20, 2012 ILD
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Andre M. Perry v. State of Indiana (NFP)
45A05-1108-CR-397
Criminal. Affirms convictions of murder, Class A felony attempted murder and Class D felony residential entry.
In Re the Matter of the Support of David L. Minick, II, David L. Minick v. Victoria S. Cox (NFP)
02A03-1109-DR-419
Domestic relation. Reverses trial court decision which calculated a credit against mother’s child support arrearage and ordered a credit for a retroactive child support obligation as to father. Remands with instructions.
Donald E. White v. Susan A. White (NFP)
64A04-1104-DR-230
Domestic relation. Affirms trial court decision to order an unequal division of the marital estate and that disability maintenance be paid to Susan White. Any error that the trial court may have made in including the value of the stock options in the marital estate and assigning that value to Donald White was harmless. Remands for further consideration.
Dennis Fecker, Jr. v. State of Indiana (NFP)
49A04-1109-CR-466
Criminal. Affirms conviction of Class B felony sexual misconduct with a minor.
Donald Parker v. State of Indiana (NFP)
49A02-1108-CR-788
Criminal. Affirms conviction of Class A misdemeanor intimidation.
Jakesha J. Wilms v. State of Indiana (NFP)
02A03-1102-CR-46
Criminal. Affirms guilty plea and the termination of Wilms’ participation in a drug court diversion program.
Carl Daulton v. State of Indiana (NFP)
88A01-1108-PC-372
Post conviction. Affirms denial of petition for post-conviction relief.
William D. James v. State of Indiana (NFP)
71A03-1110-CR-486
Criminal. Affirms 30-year sentence for Class A felony child molesting.
Opinions April 20, 2012
Indiana Court of Appeals
Andre M. Perry v. State of Indiana (NFP)
45A05-1108-CR-397
Criminal. Affirms convictions of murder, Class A felony attempted murder and Class D felony residential entry.
Dinner to celebrate former chief justice May 10
Distinguished members of the judicial community, including former Massachusetts Chief Justice Margaret H. Marshall, will be on hand May 10 at a celebration dinner honoring former Indiana Chief Justice Randall T. Shepard.
Proposed law school building at Indiana Tech approved
The Fort Wayne Board of Zoning Appeals has unanimously approved Indiana Tech’s plans to build a new law school on its campus in the northeastern Indiana city.
COA to hear ‘right to farm’ argument
The Indiana Court of Appeals will hear a case Monday involving a dispute between neighboring pork farms.
Judge rejects Durham motion to throw out indictment
A federal judge on Thursday rejected Indianapolis financier Tim Durham’s months-long quest to have his indictment dismissed on the grounds that the government used wiretaps before it had court authorization to do so.
Judges affirm denial of post-conviction relief
The Indiana Court of Appeals has upheld the denial of a man’s request for post-conviction relief because he couldn’t prove that his trial or appellate counsel were ineffective.
Department of Workforce Development scammed out of $2 million
The Indiana Department of Workforce Development announced Wednesday afternoon that it allegedly has been cheated out of $2.4 million in unemployment insurance benefits. Fifteen people have been indicted for allegedly scheming to use fake companies to claim benefits.
COA upholds denial of fugitive’s request to file an appeal
A woman convicted of murdering her husband in the 1970s who escaped from prison and remained a fugitive for 35 years isn’t entitled to file a petition for belated appeal because her willful act of fleeing prevented her attorney from pursuing the appeal.
Opinions April 19, 2012 ILD
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Berry Moss v. State of Indiana (NFP)
49A04-1107-CR-360
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.
In Re the Term. of the Parent-Child Rel. of: Al.S. & A.S. and C.S. v. The Indiana Department of Child Services (NFP)
79A02-1112-JT-1158
Juvenile. Affirms termination of parental rights.
Opinions April 19, 2012
Indiana Court of Appeals
Anthony Hogan v. State of Indiana
20A03-1103-PC-158
Post conviction. Affirms denial of petition for post-conviction relief. Hogan failed to show ineffective assistance of trial and appellate counsel.
[Article Headline]
On The Move runs in the first issue of the month. Information must be submitted two weeks prior to the issue date. Digital images should be 200 dpi and saved as eps, tiff or jpeg. Color images are preferred. Submissions may be made at http://www.theindianalawyer.com/submit-on-the-move or emailed to managing editor Jennifer Nelson at [email protected]. New […]
Opinions April 18, 2012 ILD
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
In Re the Adoption of K.B.M. and L.B.M.; T.M. v. R.P.F. (NFP)
39A01-1109-AD-423
Adoption. Affirms decision that biological father T.M.’s consent to the adoption by stepfather R.P.F. was not required.
In Re the Paternity of K.S.; J.S. v. M.M. (NFP)
17A03-1109-JP-438
Juvenile. Affirms trial court decision to continue joint legal custody, but reverses modification of primary physical custody to mother. Remands with instructions to enter an order addressing father’s contentions as to mother’s failure to pay costs. Judge Riley concurs in part, dissents in part, and would remand for sole legal custody to be awarded to either mother or father.
Chad Jeremy Orme v. State of Indiana (NFP)
73A01-1105-CR-233
Criminal. Reverses revocation of probation and sentence imposed.
Justin A. Staples v. State of Indiana (NFP)
90A04-1109-CR-490
Criminal. Affirms sentence for Class D felony aiding, inducing or causing theft.
Margaret M. Hammond v. Review Board of the Indiana Dept. of Workforce Development and Porter County Commissioners (NFP)
93A02-1110-EX-956
Agency appeal. Affirms Hammond is ineligible for unemployment benefits.
Dennis Mikel v. State of Indiana (NFP)
52A04-1111-SC-598
Small claim. Affirms the trial court did not err in denying Mikel’s request for appointed counsel or in not conducting a jury trial on his complaint. The trial court erred in entering judgment in favor of the defendants. Reverses and remands for an assessment of damages.
Ramon Crawford v. State of Indiana (NFP)
48A02-1108-CR-728
Criminal. Affirms revocation of probation and imposition of previously suspended portion of sentence.
Jason Myers v. State of Indiana (NFP)
09A02-1105-CR-598
Criminal. Affirms convictions of Class C felony battery resulting in serious bodily injury and Class B felony aggravated battery.
Huntington Copper, LLC v. Conner Sawmill, Inc. (NFP)
09A02-1110-PL-917
Civil plenary. Reverses denial of Huntington Copper’s motion to dismiss for lack of personal jurisdiction.
Derrick Mays v. State of Indiana (NFP)
49A02-1107-CR-669
Criminal. Affirms convictions of Class B felony robbery, Class D felony criminal recklessness and Class C felony carrying a handgun without a license.
Ronald Edward Madison, Jr. v. State of Indiana (NFP)
71A04-1110-CR-597
Criminal. Affirms conviction of Class D felony possession of cocaine.
Brandon Ray Carter v. State of Indiana (NFP)
73A01-1108-CR-379
Criminal. Affirms conviction of Class C felony battery causing serious bodily injury.
Jason A. Reber v. State of Indiana (NFP)
64A04-1107-CR-408
Criminal. Affirms convictions of Class A misdemeanor domestic battery and Class A misdemeanor interference with reporting a crime.
Michael Jackson v. State of Indiana (NFP)
71A05-1112-CR-669
Criminal. Affirms conviction of Class D felony theft.
Opinions April 18, 2012
Indiana Court of Appeals
Todd Walters and Matenia Walters v. Aaron Austin and Herman & Goetz, Inc.
20A04-1106-CT-342
Civil tort. Dismisses the Walterses’ appeal of the judgment on a jury verdict in favor of Austin and his employer on the Walterses’ complaint for damages arising from a multi-vehicle accident. The appellate court does not have jurisdiction. Judge Darden dissents.
Judges reverse grant of unemployment benefits
The Indiana Court of Appeals has held that if an employee’s explanation for the behavior that led to his termination is another terminable offense, that provides just cause for termination. As a result, the judges reversed the decision to grant a fired man unemployment benefits.
Justices to hear driving while suspended case at Martin University
The Indiana Supreme Court will visit Martin University in Indianapolis Friday to hear arguments in a case over whether a man driving a scooter could be convicted of operating a “motor vehicle” while his driving privileges were suspended.
COA split on ability to review case
The majority on a personal injury case has dismissed it for appellate review, finding the Indiana Court of Appeals doesn’t have jurisdiction. The majority believed the case was not timely appealed.
Attorney general investigating political calls
Indiana Attorney General Greg Zoeller announced Tuesday that he is investigating whether political phone calls are being made under the guise of the AG’s main office number.