Governor signs Lifeline Law
A ceremonial signing of Indiana’s Lifeline Law was held Friday at the Statehouse. Senate Enrolled Act 274 provides legal immunity from prosecution for those who seek medical attention for an intoxicated person.
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Opinions May 3, 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
Gregory Foster v. State of Indiana (NFP)
02A04-1107-PC-398
Post conviction. Affirms denial of petition for post-conviction relief.
Travis Moore v. State of Indiana (NFP)
49A02-1109-CR-807
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Opinions May 3, 2012
Indiana Court of Appeals
M.O. v. Indiana Dept. of Insurance, Indiana Patient's Compensation Fund
53A05-1112-PL-682
Civil plenary. Affirms conclusion that Indiana Code 24-4.6-1-101 (1993), with its 8 percent interest rate, applies to payments to M.O, a successful malpractice claimant, and that interest began to accrue on the 15th day of the month following the end of the claim period in which the claim was filed with the Patient’s Compensation Fund.
Attorney sentenced to 8 years for theft
Stacy Sheedy, the Indianapolis attorney and accountant who pleaded guilty to theft charges for misappropriating nearly $600,000 from a guardianship account and family trust, was sentenced to eight years in prison Thursday.
COA affirms when interest on payments from state fund begins to accrue
The Indiana Court of Appeals affirmed the trial court ruling in a dispute over what interest rate is charged and when it begins to accrue on payments due from the Indiana Patient’s Compensation Fund to successful medical malpractice claimants.
Judges reverse marijuana conviction
The search of the car driven by a defendant violated the Fourth Amendment, the Indiana Court of Appeals ruled, so the trial court abused its discretion in admitting evidence obtained through an inventory search of the car.
COA finds man was shareholder at time of stock sale
A dispute between family members over stock of the family company led to the Indiana Court of Appeals addressing an issue involving shareholders and revocable trusts that hasn’t yet been addressed in Indiana: whether the settlor, who places shares of stock into a revocable inter vivos trust and names himself as trustee and beneficiary, retains his shareholder status.
Opinions May 2, 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
Todd Edward Lang v. Jessica Lynn Lang (NFP)
17A03-1109-DR-436
Domestic relation. Affirms decision to award custody of the minor children to Jessica Lang and to order the parties to equally share the expense of the custody evaluation.
Eric R. Jeter v. State of Indiana (NFP)
45A03-1109-CR-429
Criminal. Affirms sentence for two convictions of Class C felony robbery and one count of Class D felony theft.
Marcie L. Grant v. State of Indiana (NFP)
13A01-1109-PC-422
Post conviction. Affirms denial of petition for post-conviction relief.
Ronnie Jones v. State of Indiana (NFP)
17A04-1108-CR-444
Criminal. Affirms sentence for murder, Class A felony attempted murder, and Class C felony criminal recklessness.
Opinions May 2, 2012
Indiana Court of Appeals
Andrew C. Kesling, individually and as Trustee of the Andrew C. Kesling Trust v. Peter C. Kesling, et al.
45A03-1106-PL-271
Civil plenary. Reverses judgment in favor of father Peter Kesling that found he was entitled to rescission of stock purchase agreements entered into on June 25, 2004. Finds that Andrew Kesling’s trust declaration did not deprive him status as a shareholder and that he was a shareholder when he entered into the purchase agreements with Peter Kesling. Remands for the court to rule on the claims raised by Andrew Kesling’s siblings.
Man can’t prove ineffective assistance from attorney
The Indiana Court of Appeals has affirmed the denial of a man’s petition for post-conviction relief, in which he claimed his trial counsel was ineffective.
Chief justice to be selected May 15
The Indiana Judicial Nominating Commission will meet May 15 to vote on who will be Indiana’s chief justice. Justice Brent Dickson has been acting chief justice since Chief Justice Randall T. Shepard retired in March.
3 task force proposals address issues in Marion County Small Claims courts
The Marion County Small Claims Task Force created by the Indiana Supreme Court has released its report outlining its investigation into problems within the county’s small claims courts. The report proposes three ways to address the problems, including incorporating the small claims courts into Marion Superior Court.
Faegre Baker Daniels attorney’s home is target of shooting
The home of an attorney at Faegre Baker Daniels in Fort Wayne was shot at Tuesday morning. Police are exploring whether the shooting is connected to an incident last month in a neighboring subdivision in which a Faegre Baker Daniels attorney was shot in his garage.
Opinions May 1, 2012 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions at IL deadline.
Opinions May 1, 2012
7th Circuit Court of Appeals
Securities and Exchange Commission v. First Choice Management Services Inc. et al.; SonCo Holdings LLC v. Joseph D. Bradley, receiver, and ALCO Oil & Gas Co. LLC
11-1702
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms order insofar as it determines that SonCo willfully violated the agreed order, but vacates the $600,000 sanction and remands. On remand, the judge can: reimpose the sanction he imposed, upon demonstrating that it is a compensatory remedy for a civil contempt after all; impose a different or perhaps no sanction, whether for civil contempt or for misconduct not characterized as contempt; or proceeding under the rules governing criminal contempts.
7th Circuit vacates sanction in contempt judgment
The 7th Circuit Court of Appeals found that an order, while unclear, did require a company to become the operator of leases involving oil and gas fields in Texas. But the judges held the District Court judge didn’t fully explain why he was imposing the sanction he did, so the 7th Circuit vacated the sanction.
Patriotic Veterans seeks to lift ban on robo-calls for primary
An Illinois-based nonprofit that wants to make political robo-calls in Indiana for the May primary has asked the 7th Circuit Court of Appeals to lift a stay banning the company from doing so.
Massa investiture May 7
The formal swearing-in ceremony for new Indiana Justice Mark Massa will be May 7 in the Indiana Supreme Court Courtroom.
Opinions April 30, 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
Jasper A. Wisdom v. State of Indiana (NFP)
82A01-1108-CR-380
Criminal. Remands for an inquiry into Wisdom’s ability to pay the $1,600 in restitution and, if appropriate, for adjustment of the restitution amount based on that factor.
State of Indiana v. Blake Lodde (NFP)
79A02-1111-CR-1067
Criminal. Reverses order granting Lodde’s motion to suppress evidence gathered during and after an investigatory stop of his vehicle. Remands with instructions.
Louis Amalfitano v. State of Indiana (NFP)
48A04-1108-CR-446
Criminal. Affirms convictions, including Class B felony criminal confinement, Class C felony battery resulting in serious bodily injury, and Class D felony exploitation of an endangered adult.
Brett A. Head-Mattingly v. State of Indiana (NFP)
82A05-1103-CR-127
Criminal. Affirms conviction of Class B felonies attempted burglary and burglary, and Class D felony theft.
Michael E. Kirk v. State of Indiana (NFP)
49A04-1111-PC-609
Post conviction. Affirms denial of petition for post-conviction relief.
Nancy A. Regula, as Administrator of the Estate of Daniel G. Young, Deceased v. HPG Corp., doing business as Cohen Brothers Metals Co. and Integrity Metals (NFP)
89A01-1109-CT-402
Civil tort. Affirms summary judgment in favor of HPG Corp. on a negligence claim.
J.M. v. State of Indiana (NFP)
18A02-1109-JV-817
Juvenile. Affirms adjudication for what would be Class B felony child molesting if committed by an adult.
C.F. v. M.R. (NFP)
30A01-1110-DR-467
Domestic relation. Affirms order granting M.R.’s motion to modify custody.
Rodney D. Craft v. State of Indiana (NFP)
66A03-1104-CR-145
Criminal. Affirms convictions of Class D felonies possession of reagents and precursors with intent to manufacture a controlled substance, possession of methamphetamine, and possession of cocaine.
Opinions April 30, 2012
Indiana Court of Appeals
D.A. v. State of Indiana
49A02-1108-JV-692
Juvenile. Affirms juvenile court’s decision to order inpatient treatment for D.A. who entered into a plea agreement admitting to Class B misdemeanor battery if committed by an adult and “conditionally” agreed to admit to Class C felony child molesting, if committed by an adult. D.A.’s placement is consistent with the goals for his rehabilitation. The appellate judges do not have jurisdiction to resolve the issue of whether the trial court erred in accepting his conditional plea to the child molesting charge because there was no evidence of D.A.’s intent with regard to the molesting. The conditional plea is the equivalent to a withheld judgment so there is no final judgment or appealable final order from which to appeal.