Supreme Court amends disciplinary rule
Indiana Chief Justice Brent Dickson has signed an order amending Admission and Discipline Rule 23, Section 26 on the disciplinary commission and proceedings.
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Opinions Sept. 26, 2012 ILD
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Steven J. Hirst v. State of Indiana (NFP)
05A05-1204-CR-215
Criminal. Affirms sentence imposed following guilty plea to Class D felony possession of a controlled substance.
Randy G. Cobb v. State of Indiana (NFP)
20A04-1203-PC-117
Post conviction. Affirms denial of petition for post-conviction relief.
Leaders Staffing LLC v. Review Board of the Indiana Dept. of Workforce Development and Jason P. Ballard (NFP)
93A02-1202-EX-149
Agency action. Reverses decision that Leaders Staffing did not meet its burden of proving that Ballard was discharged for just cause.
Jason Tye Myers v. State of Indiana (NFP)
79A02-1202-CR-123
Criminal. Dismisses appeal for lack of jurisdiction.
Jessie M. Spears v. Review Board of the Indiana Dept. of Workforce Development and Meijer Stores Limited Partnership (NFP)
93A02-1106-EX-519
Agency action. Affirms denial of claim for unemployment benefits.
Daniel Nolan v. State of Indiana (NFP)
17A03-1205-CR-215
Criminal. Affirms sentence imposed following guilty plea to Class C felony incest.
Kevin A. Nasser v. State of Indiana (NFP)
84A05-1202-CR-82
Criminal. Affirms convictions of Class D felony battery by body waste, Class A misdemeanor battery, and Class B misdemeanors battery, disorderly conduct and public intoxication.
Brandon King v. State of Indiana (NFP)
48A02-1202-CR-90
Criminal. Affirms denial of King’s request at his sentencing hearing to withdraw his guilty pleas to five felonies under three cause numbers.
Joshua Banks v. State of Indiana (NFP)
49A04-1203-CR-120
Criminal. Affirms conviction of Class A misdemeanor patronizing a prostitute.
Gregory D. Webster v. State of Indiana (NFP)
71A05-1203-CR-109
Criminal. Affirms convictions of Class A misdemeanor possession of marijuana and Class B felony possession of cocaine.
Baron D. McClung v. State of Indiana (NFP)
71A03-1202-CR-80
Criminal. Affirms conviction of Class D felony domestic battery.
Opinions Sept. 26, 2012
7th Circuit Court of Appeals
Sandra M. Bontrager, on her own behalf and on behalf of a class of those similarly situated v. Indiana Family and Social Services Administration, Michael A. Gargano and Patricia Casanova
11-3710
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Affirms grant of Bontrager’s request for a preliminary injunction in her putative class-action complaint challenging Indiana’s $1,000 annual limit for dental services covered by Medicaid. The state is required to cover all medically necessary dental services, irrespective of the monetary cap.
Indiana justices asked to answer question under Common Construction Wage Act
U.S. Judge Sarah Evans Barker has asked the Indiana Supreme Court to answer a certified question that arose in a pay dispute between a Fort Wayne electrician and Indianapolis-based Gaylor Inc.
State cannot enforce $1,000 cap on dental services for Medicaid recipients
The 7th Circuit Court of Appeals has left in place the preliminary injunction granted by Chief Judge Philip Simon last year that prevents the state from capping dental work for Medicaid recipients at $1,000 a year.
7th Circuit affirms in part man’s convictions for producing fake documents
There is enough evidence to support two of the three convictions of an East Chicago man stemming from his making and selling various counterfeit documents, but photocopies in his possession cannot support his conviction of unlawful possession of five or more false identification documents.
7th Circuit to hold arguments at Notre Dame Law School
The 7th Circuit Court of Appeals will hear arguments in three Indiana cases Oct. 1 at Notre Dame Law School, including a lawsuit filed by African-American police officers and firefighters in Indianapolis who claim the promotion process is racially discriminatory.
Major changes coming in bankruptcy court Oct. 1
The U.S. Bankruptcy Court for the Southern District of Indiana is reminding practitioners that some amendments to local rules taking effect next month “may significantly impact” bankruptcy attorney practices.
Opinions Sept. 25, 2012 ILD
Indiana Court of Appeals
Holly Horst (Greczek) v. State of Indiana (NFP)
45A04-1202-CR-62
Criminal. Affirms sentence for conviction of Class C felony fraud on a financial institution.
Scott Wayne Steele v. State of Indiana (NFP)
36A01-1112-CR-608
Criminal. Affirms revocation of probation. http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/september/09251209pdm.pdf
Cary L. Patrick v. State of Indiana (NFP)
45A03-1109-PC-413
Post-conviction relief. Affirms denial of post-conviction relief on four counts of Class A felony attempted murder and one count of Class B felony arson.
Daniel E. Stuckman, Sr. and Daniel E. Stuckman, Jr. v. Kosciusko County Board of Zoning Appeals and the Estate of Gary Stuckman (NFP)
43A03-1202-MI-69
Miscellaneous/zoning. Affirms trial court judgment in favor of the defendants.
Wesley Hood, Sr. v. State of Indiana (NFP)
48A02-1201-CR-30
Criminal. Affirms revocation of placement in home detention.
Matt B. Helmen, M.D. v. Mary and Ronald McDaniel, Individually and as Administrators of the Estate of Christopher L. McDaniel, Deceased, and Phillip Lam, M.D. (NFP)
49A02-1204-CT-327
Civil tort/medical malpractice. Affirms trial court’s denial of motion for change of venue.
M.M. v. State of Indiana (NFP)
49A05-1203-JV-102
Juvenile. Affirms finding that M.M. committed what would have been Class A misdemeanor possession of marijuana if committed by an adult.
Opinions Sept. 25, 2012
Indiana Court of Appeals
Charles Hall v. State of Indiana
13A04-1111-CR-622
Criminal. Affirms conviction and aggregate 24-year sentence for convictions of dealing in methamphetamine, possession of precursors, operating a vehicle after a lifetime suspension, and resisting law enforcement. The court held that a search of the vehicle that Hall fled after leading police on a chase did not implicate the Fourth Amendment and that the sentence was not inappropriate given Hall’s dangerous conduct and long record of driving and drug convictions.
Admission of the videotaped confession constitutes fundamental error
The true finding that a juvenile committed an act that would constitute the offense of attempted burglary, a class B felony, was reversed by the Indiana Court of Appeals on the grounds the trial court made a fundamental error in admitting into evidence the juvenile’s videotaped confession.
Court affirms protective order without evidentiary hearing
A Shelby County man’s protective order against a neighbor is valid even though the trial court didn’t hold an evidentiary hearing or honor the neighbor’s request for a continuance, the Court of Appeals ruled Tuesday.
Court affirms mobile meth lab conviction, sentence arising from car search
A man’s conviction and 24-year sentence on charges related to a mobile meth lab found in his vehicle was affirmed Tuesday by the Indiana Court of Appeals.
Supreme Court case may resolve conflicting misdemeanor probation readings
The Indiana Supreme Court will hear a case in which the Court of Appeals on rehearing noted conflicting interpretations of the maximum probation sentence for people convicted of misdemeanors.
Indiana bar exam pass list released
A total of 438 people passed the Indiana bar exam administered in July, according to a list posted Tuesday on the Indiana courts website.
IBA: Volunteer Judges Needed for Teen Court
Reach for Youth is seeking local attorneys to serve as volunteer judges at Teen Court, a program designed to reduce recidivism for first-time juvenile offenders by giving them a second chance to repair the harm they’ve caused without experiencing formal court prosecution.
IBA: IndyBar Review Scholarship Deadline November 1
Students, check out the scholarships available from the Indianapolis Bar Foundation. Two scholarships for the Winter 2013 IndyBar Review session are up for grabs. The application deadline is November 1.
IBA: Nearly One-Third of Lawyers Plan to Hire in Fourth Quarter
Nearly one-third (32 percent) of lawyers interviewed for the Robert Half Legal Hiring Index plan to hire full-time legal professionals during the fourth quarter of 2012, while three percent anticipate staff reductions.
IBA: WLD Invites IndyBar Members to Explore Women’s Legal History
Did you know that a number of Indiana women played important roles in the national fight for women’s suffrage?