To refine your search through our archives use our Advanced Search
The Indiana Court of Appeals has ruled that two convictions of a former attorney who attacked a lawyer-legislator violated Indiana’s double jeopardy clause and that one of the charges should be reduced in order to remedy the violation.
The Indiana Court of Appeals has found that a Clark County case can continue involving claims against a home construction company. The former homeowners allege that the company defectively built their home and that mold and water damage occurred, leading to loss of habitability.
The Court of Appeals of Indiana will hear oral argument in In RE: The Paternity of K.S. at noon March 2, at Culver Cove Resort & Conference Center.
As chair of the Indiana Judicial Nominating Commission, Chief Justice Randall Shepard oversaw on Thursday the narrowing of the list of candidates vying to replace him on the Supreme Court.
The Indiana Court of Appeals ruled that a federal statute provides the authority for a bank that survives after a merger to enforce the promissory note and mortgage established by a predecessor bank.
The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.
Indiana Court of Appeals
Undray D. Wilson v. State of Indiana (NFP)
34A02-1012-PC-1389
Post-conviction. Affirms denial of post-conviction relief in murder case on grounds that trial and appellate counsel were not ineffective.
Sasha Slater v. Ridinger Enterprises, Inc., d/b/a Shakamak IGA (NFP)
28A05-1104-CT-207
Civil tort. Reverses and remands slip-and-fall injury case where a store had obtained summary judgment on grounds that the plaintiff didn’t provide evidence as to what caused her fall. Finds the plaintiff created a genuine issue of material fact about the floor where the injury occurred and ruled the trial court’s summary judgment ruling was an error.
In Re: Levi Jacob Loucks Testimonial Trust and James M. Loucks, Trustee; Angel M. Lepley v. Levi J. Loucks (NFP)
17A04-1107-TR-386
Trust. Affirms judgment of trial court that denied a woman’s request to access principal trust funds to pay child support and also denied her request for attorney fees incurred while trying to collect the child support.
Jeremy D. Stone v. State of Indiana (NFP)
02A04-1007-CR-464
Criminal. Affirms a three-year executed sentence for strangulation, finding that defendant-appellant didn’t demonstrate the trial court abused its discretion in failing to mention the man’s guilty plea as a mitigating factor. Nothing is inappropriate about the sentence based on the offender’s character and nature of the crime.
Danny W. Ramsey v. State of Indiana (NFP)
14A01-1102-PC-84
Post-conviction. Affirms trial court’s partial denial of a post-conviction relief petition regarding an evidentiary hearing request, whether trial counsel provided ineffective assistance, and whether appellate counsel’s failure to challenge the sentence constituted ineffective assistance.
Antoine L. Skinner v. State of Indiana (NFP)
48A02-1105-CR-514
Criminal. Affirms a probation revocation, finding that the trial court didn’t abuse its discretion in revoking all four years of a suspended sentence because of the man’s single sale of cocaine to a police informant which the defendant-appellant claimed was “a trivial violation.”
T.W.O. f/k/a T.L.W. v. G.A.W. (NFP)
64A03-1106-DR-289
Domestic relations. Affirms trial court’s decision in favor of the father on grounds that the trial court didn’t abuse its discretion in denying mother’s request to modify custody, didn’t abuse its discretion in dividing marital property, and didn’t abuse its discretion in declining to modify the mother’s child support obligation to an earlier date.
Zachery Lewis v. State of Indiana (NFP)
35A02-1108-CR-796
Criminal. Affirms one-year jail sentence for two counts of Class A misdemeanor battery resulting in bodily injury, finding that the nature of the offense and offender’s character didn’t make the sentence inappropriate.
Henry A. Booker v. State of Indiana (NFP)
03A01-1105-CR-221
Criminal. Affirms conviction of Class A felony dealing in a Schedule II controlled substance, finding the 40-year sentence is appropriate, that the evidence was sufficient and the trial court didn’t abuse its discretion in jury instruction regarding the defendant’s defense to the crime.
Indiana Court of Appeals
CFS, LLC and Charles Blackwelder v. Bank of America, Successor in Interest to LaSalle Bank Midwest National Association
29A02-1105-MF-436
Mortgage foreclosure. Affirms trial court’s granting of summary judgment in favor of Bank of America, finding that the bank established no genuine issue of material fact existed about whether a successor bank surviving after a merger could enforce the note and mortgage of the predecessor.
A grant from the International Council for Canadian Studies will assist Indiana University Robert H. McKinney School of Law professor Eric Dannenmaier and a student research team in their work on transboundary water resource governance.
A panel of Indiana University constitutional law experts will discuss the implications of the United States Supreme Court's recent decision to hear Fisher v. Texas, a case challenging the University of Texas' affirmative action program.
The Indiana Judicial Nominating Commission has selected Indiana Court of Appeals Judge Cale J. Bradford, Indianapolis attorney Mark S. Massa, and Jane A. Seigel of the Indiana Judicial Center as finalists for an upcoming Indiana Supreme Court vacancy.
The Indiana Judicial Nominating Commission completed semi-finalist interviews Thursday with the seven attorneys who remain in the running to be the next Indiana Supreme Court justice. The commission began deliberations around 1 p.m. as to who the three finalists will be. An update will be provided when the names are announced, and read more about the finalists in the March 2, 2012, issue of Indiana Lawyer.
7th Circuit Court of Appeals had posted no opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
In the Matter of the Guardianship of John S. Zakrowski; Marsha L. Cummins v. Thomas L. Zakrowski (NFP)
71A03-1105-GU-259
Guardianship. Affirms denial of Cummins’ application for permission to participate in the guardianship proceedings.
S.D. v. B.D. (NFP)
41A01-1104-DR-170
Domestic relation. Affirms granting primary physical custody to mother. Reverses finding of contempt for father’s failure to pay for day care.
Sandra Rivas v. State of Indiana (NFP)
49A02-1106-CR-544
Criminal. Affirms conviction of Class D felony theft.
Jeffrey Roser v. Jennifer Roser (NFP)
38A02-1106-DR-502
Domestic relation. Affirms decision to lower father’s obligation to the minimum support obligation and remands for the trial court to revise the obligation to $18.
Daniel O'Reilly v. Ruth Doherty (NFP)
29A04-1108-DR-399
Domestic relation. Affirms order husband pay $30,000 of wife’s attorney fees.
Charles Smith v. State of Indiana (NFP)
58A01-1104-CR-191
Criminal. Affirms 20-year sentence for Class B felony dealing in a schedule II controlled substance.
Kenneth Willis Gibbs-El v. Arthur Hegewald (NFP)
49A02-1107-CT-747
Civil tort. Affirms dismissal of Gibbs-El’s complaint against a former employee of the Indiana Department of Correction.
Hawkins Auto Stores, Inc. v. Brent F. Hehr (NFP)
89A01-1110-SC-461
Small claim. Affirms order that Hawkins Auto Stores pay Hehr $3,395 for repayment of funds paid by Hehr for services he never received.
Joseph Apongule v. State of Indiana (NFP)
29A04-1109-CR-543
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.
Indiana Court of Appeals
Eriberto Quiroz v. State of Indiana
49A02-1107-CR-577
Criminal. Reverses Quiroz’s conviction of Class C felony child molesting because that conviction along with a Class A felony child molesting conviction constitutes double jeopardy as the same evidence supports both convictions. Remands for the trial court to vacate the Class C felony conviction. The trial court did not commit fundamental error in including in the jury instructions a copy of the charging information that included the counts against Quiroz that had previously been dismissed.
A northern Indiana labor organization has filed a lawsuit against Gov. Mitch Daniels and other state actors over the recent enactment of legislation that made Indiana a “right-to-work” state.
The Indiana Court of Appeals declined to find an attorney provided ineffective assistance of trial counsel to a man on trial for the second time because that attorney didn’t defend the case in the same manner as did the attorney on the first trial.
The Indiana Court of Appeals declined to find that a Marion Superior court abused its discretion when it admitted the results of a chemical breath test.
The Indiana Court of Appeals relied in part on two decades-old cases from the state Supreme Court to find that exposing the jury to dismissed charges did not deprive a defendant of a fundamentally fair trial.
The Indiana University Maurer School of Law will host its annual Minority Law Day from 9 a.m. to 2 p.m. Saturday at the law school, 211 S. Indiana Ave.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
In the Matter of the Adoption of M.S.T.; R.P.M.T. v. C.K. and J.P. (NFP)
02A03-1106-AD-258
Adoption. Affirms grant of petition for C.K. and J.P. to adopt M.S.T.
Carol Showalter v. Donald Showalter (NFP)
20A03-1107-DR-332
Domestic relation. Remands for the trial court to explain its calculation of the parenting time credit and, if necessary, to recalculate the parenting time credit and father’s child support obligation. The trial court should also address the issue of whether son Brandt’s participation in ROTC should be credited toward his share of post-secondary education expenses.
Brent Goodman v. GMH Snyder Farms, Inc. (NFP)
53A05-1110-CT-531
Civil tort. Affirms order granting a motion to transfer venue from Monroe County to Montgomery County filed by GMH Snyder Farms.
Chuck W. Adams v. Mauro Chavez, M.D., Prison Health Services, Gil Kaufman, Craig Underwood, Dean Reiger (NFP)
49A05-1104-CT-218
Civil tort. Affirms summary judgment in favor of Chavez and other defendants on a complaint for medical malpractice.
LaDawn D. Johnson v. State of Indiana (NFP)
02A04-1106-CR-271
Criminal. Affirms conviction of and sentence for Class A felony battery.
Scott W. Bishop v. State of Indiana (NFP)
48A02-1108-CR-797, 48A05-1108-CR-441
Criminal. Affirms revocation of probation.
James Ingram v. State of Indiana (NFP)
49A02-1106-CR-578
Criminal. Affirms conviction of Class A felony voluntary manslaughter.
Philip Gregory Yeary v. State of Indiana (NFP)
78A01-1108-CR-388
Criminal. Affirms denial of motion to correct erroneous sentence.
Jeremy L. Hopkins v. State of Indiana (NFP)
48A02-1104-CR-342
Criminal. Affirms conviction of and sentence for Class A felony dealing in cocaine.
Michael Dunfee v. State of Indiana (NFP)
79A03-1106-CR-279
Criminal. Affirms sentence following guilty plea to Class C felony operating a motor vehicle while driving privileges are forfeited for life, Class A misdemeanor operating while intoxicated in a manner that endangers a person, and being a habitual substance offender. Reverses order that Dunfee pay restitution.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court
Jerrme Cartwright v. State of Indiana
82S01-1109-CR-564
Criminal. Affirms convictions of attempted battery and unlawful possession of a firearm by a serious violent felon. Finds no evidence of pretext in the state’s strike of venireperson Bard, the only African-American.