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Judges affirm decision in speedy trial claim

A Hendricks County judge did not err in denying a man’s motion that his criminal case be discharged because the state failed to conduct a speedy trial within one year of charges being filed, the Indiana Court of Appeals ruled.

Court rules on estate’s claim against insurer

The Indiana Court of Appeals has upheld a judge’s ruling against a California reciprocal insurance exchange in a dispute over whether the insurer would have to pay part of a million dollar judgment.

Court upholds child molester’s no-contact condition

The Indiana Court of Appeals has ruled that a man convicted of two child molesting counts didn’t have his constitutional rights violated because no double jeopardy violation occurred, and the trial judge’s probation condition that he have no contact with anyone younger than 18 is constitutional.

Opinions April 4, 2012 ILD

The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.

Indiana Court of Appeals
In Re the Term. of the Parent-Child Rel. of D.T. and J.T. v. The Indiana Dept. of Child Services (NFP)
79A04-1108-JT-483
Juvenile. Affirms trial court’s termination of a mother’s parental rights as to her minor child, finding clear and convincing evidence to support the findings that the conditions that led to the child’s removal will not be remedied and termination is in the child’s best interest.

Gregory Hayes v. State of Indiana (NFP)
49A02-1109-CR-848
Criminal. Reverses trial court’s order revoking probation, finding evidence insufficient to support the determination that defendant violated his probation terms.

In re the Marriage of: Richard A. Medcalf v. Sheri L. Medcalf (NFP)
32A04-1111-DR-582
Divorce. Reverses trial court’s decision to award attorney fees in a protracted divorce case involving a new parenting time agreement. Remands for court to hold further proceedings on the fees.

Rex A. Clark v. State of Indiana (NFP)
03A04-1109-CR-485
Criminal. Affirms sentence of man convicted of Class A misdemeanor resisting law enforcement and Class D felony receiving stolen auto parts, finding trial court didn’t abuse its discretion in issuing a sentence of nearly 3.5 years and the penalty is not inappropriate.

Lorraine Tietjen v. PEP Educational Support, Inc., Turner Marketing, Inc., and Richard P. Turner (NFP)
49A02-1102-PL-152
Civil. Affirms trial court’s judgment in favor of an educational support service and marketing company following a bench trial involving fraud and breach of contract. Appellate panel finds trial court did not err in its judgment.

In the Matter of the Involuntary Term. of the Parent-Child Rel. of Ja.B., J.B., J.P., A.P. & C.P.; and R.P. v. Indiana Dept. of Child Services and Lake Co. CASA (NFP)
45A03-1110-JT-453
Juvenile. Affirms order terminating mother’s parental rights to three children, finding the state DCS provided sufficient evidence to support the termination.

Ryan S. Shearer v. State of Indiana (NFP)
92A04-1108-CR-405
Criminal. Affirms sentence for a man convicted of Class B felony sexual misconduct with a minor, where the trial court sentenced him to an advisory 10 years with two years suspended to probation.

Rachel Ann Ruch v. State of Indiana (NFP)
57A03-1111-CR-498
Criminal. Affirms sentence imposed for Class B felony conviction of dealing in methamphetamine and Class A misdemeanor conviction of possession of paraphernalia, finding trial court did not err in imposing aggregate 15-year sentence with five years suspended to probation.

James Alvarado v. State of Indiana (NFP)
52A02-1110-CR-984
Criminal. Reverses trial court’s revocation of probation on grounds that evidence is insufficient to support findings that defendant violated his probation.
 

Opinions April 4, 2012

Indiana Court of Appeals
Melanie Webster v. Walgreen Co.
55A01-1110-CT-442
Civil. Affirms judgment of trial court denying motion to amend the filing date of a complaint against Walgreen in order to comply with the statute of limitations. The appellate court held that “mailing” for purposes of the Indiana Trial Rules requires the sender to affix sufficient postage, and since that didn’t happen here the original complaint was untimely.

Trial rules require sufficient postage

The Indiana Court of Appeals has a simple message for litigants: if you are filing anything by certified mail, make sure to put enough postage on your paperwork. Otherwise, don’t expect to use that insufficient postage as an excuse to get around trial rules and court deadlines.

Appellate court rules on bona fide purchaser dispute

The Indiana Court of Appeals has upheld a ruling by a Marion Superior judge in a land title case, finding that a bona fide property purchaser can not be held responsible for deficiencies in the court record that led to the underlying dispute.

Opinions April 3, 2012 ILD

7th Circuit Court of Appeals,  Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Edmond D. Martin v. State of Indiana ex rel. Ronald Jordan, Union County Prosecuting Attorney and the Indiana Bureau of Motor Vehicles (NFP)
81A04-1112-MI-691
Miscellaneous. Affirms denial of Martin’s petition for judicial review in which he sought to invalidate his driver’s license suspension on grounds of improper notice.

Becky Schaffer v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/april/04031202cjb.pdf
49A02-1109-CR-826
Criminal. Affirms convictions of Class A misdemeanor domestic battery and Class A misdemeanor battery.
 

Opinions April 3, 2012

Indiana Court of Appeals
William Minnick v. State of Indiana
47A05-1108-CR-448
Criminal. Minnick failed to establish that his right to speedy sentencing was violated. Reverses conviction of Class A felony robbery and orders that it be entered as a Class B felony due to double jeopardy and that a 20-year and consecutive sentence on this count be imposed. Minnick also failed to establish that the trial court abused its discretion in denying his request for a competency hearing.

Court of Appeals revises robbery sentence

The Indiana Court of Appeals has ordered that a man’s robbery sentence be reduced because that conviction and sentence were not allowed due to double jeopardy. The man’s sentence for murder, robbery and rape dropped from 160 years to 130 years.

4 charged after investigation of ballot petition case

Four people in St. Joseph County have been charged following an investigation into whether signatures were forged on an election ballot petition for president in the 2008 Indiana primary election. A special prosecutor has been assigned to the cases.

First Wednesday event to discuss environment

The ACLU of Indiana and NUVO managing editor Jim Poyser will lead a panel discussion, “Environmental Justice: Whose air/food/water is it, anyway?” at its First Wednesday event April 4.

Volunteer attorneys sought for teen court

Evansville’s Youth Resources is seeking volunteer attorneys to assist in its Teen Court. The court is an early intervention/diversion program in the Vanderburgh County Juvenile Justice System for first-time youth offenders ages 10 through 17.

Opinions April 2, 2012 ILD

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Robert Huskey v. State of Indiana (NFP)
69A01-1107-CR-390
Criminal. Affirms convictions of and sentence for Class B felony attempted sexual misconduct with a minor and Class C felony sexual misconduct with a minor under one cause number and the reinstatement of a previously suspended sentence under a second cause number.

Austin Harmon v. State of Indiana (NFP)
34A05-1109-CR-494
Criminal. Remands to the trial court for a probation revocation statement consistent with the due process requirement and this opinion.

Steffan Solomon v. State of Indiana (NFP)
02A03-1109-CR-402
Criminal. Affirms convictions of and sentence for Class B felony sexual misconduct with a minor, Class C felony sexual misconduct with a minor, and Class A misdemeanor contributing to the delinquency of a minor.

The Indiana Supreme Court denied transfer to 11 cases for the week ending March 30.
 

Judges order another look at whether woman qualifies for disability

The 7th Circuit Court of Appeals has found that an administrative law judge failed to properly assess a woman’s residual functional capacity in deciding whether she qualified for disability insurance benefits from the Social Security Administration. The judges ordered the case back to the agency for further proceedings.

Lecture to focus on legal profession, education

The James P. White Lecture on Legal Education at the Indiana University Robert H. McKinney School of Law April 3 will discuss the transformation of the legal profession and legal education.