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Arizona chief justice to speak at law school

Arizona Supreme Court Chief Justice Rebecca White Berch will visit Indiana University Robert H. McKinney School of Law March 6 as part of the school’s Indiana Supreme Court Lecture program.

Justices address Batson challenges in 2 appeals

The Indiana Supreme Court ruled on two cases Wednesday that stemmed from Batson challenges, and in doing so, articulated the standard of review of such challenges when a defendant raises a Batson challenge at the trial level, but then brings up a different argument on appeal.

Supreme Court split over reducing man’s sentence

The Indiana Supreme Court was divided 3-2 over whether to reduce the sentence of a man who received the maximum 20 years for having cocaine within 1,000 feet of a school when police stopped his vehicle.

Opinions Feb. 21, 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: Indiana Newspapers, Inc. d/b/a The Indianapolis Star, Jeffrey M. Miller & Cynthia S. Miller v. Junior Achievement of Central Indiana, Inc.; Jennifer Burk; et al.
49A02-1103-PL-234
Civil plenary. Remands to trial court to apply modified Dendrite test to determine if the Indianapolis Star must provide information to Jeffrey Miller that would identify an anonymous online commenter.

Term. of Parent-Child Rel. of K.C. and K.M., Jr.; J.C. (Mother), B.D.T. (Father of K.C.) and K.M., Sr. (Father of K.M., Jr.) v. Indiana Dept. of Child Services (NFP)
20A03-1107-JT-314
Juvenile. Affirms termination of parental rights.

Charles Duncan v. State of Indiana (NFP)
17A03-1110-CR-446
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.

John Q. Lloyd v. State of Indiana (NFP)
71A05-1105-CR-270
Criminal. Affirms conviction of felony murder.

Michael Lee Larry v. State of Indiana (NFP)
18A02-1106-CR-549
Criminal. Affirms sentence following guilty plea to two counts of Class B felony dealing in cocaine.

Tony V. Hawkins v. State of Indiana (NFP)
56A05-1110-PC-524
Post conviction. Affirms denial of petition for post-conviction relief.

Willie Joseph v. State of Indiana (NFP)
49A02-1106-CR-570
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Dixie Diana Schulz and Joseph Schulz v. The Kroger Co., Kroger Limited Partnership I, Seven-Up American Bottling Co., The American Bottling Co., Dr. Pepper/Seven-Up Inc., et al. (NFP)
32A05-1107-CT-368
Civil tort. Affirms summary judgment in favor of Kroger and other defendants with respect to Kroger’s knowledge about the existence of hazardous conditions in its store.

Jay Wallace v. State of Indiana (NFP)
29A02-1107-CR-645
Criminal. Affirms conviction of and sentence for Class D felony theft.

Fayazz Chowdhry v. Estate of Mustansar L. Chaudhry (NFP)
46A05-1103-EU-118
Estate, unsupervised. Affirms grant of the motion to dismiss filed by the representatives of the estate of Mustansar Chaudhry.

Trina Stover Thorstenson v. State of Indiana (NFP)
42A01-1106-CR-287
Criminal. Affirms partial denial of motion for credit time following revocation of probation.
 

Opinions Feb. 21, 2012

Indiana Court of Appeals
Herbert Yanez v. State of Indiana
49A02-1104-CR-362
Criminal. Reverses conviction of possession of marijuana as a Class A misdemeanor and remands for further proceedings. There was no evidence presented as to why Yanez was stopped and the evidence presented didn’t establish the reasonableness of the state’s actions. Judge Barnes concurs in result in a separate opinion.

COA overturns drug conviction

Because there was no evidence presented as to why a defendant was stopped or that the state’s actions were reasonable, the Indiana Court of Appeals reversed a man’s conviction of misdemeanor possession of marijuana.

SCOTUS denies 4 Indiana cases, issues order in pending appeal

The Supreme Court of the United States has declined to hear four cases from Indiana, and it has asked the federal government to weigh in on a pending appeal about alleged workplace harassment involving Ball State University.

COA rules on anonymous online commenter case

In a case of first impression, the Indiana Court of Appeals has ordered the trial court apply a modified test based on a New Jersey case to determine whether The Indianapolis Star must identify an online user whose comment is part of a defamation lawsuit.

Opinions Feb. 20, 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
Curtis Cole v. Review Board of the Indiana Dept. of Workforce Development, and Owen County (NFP)
93A02-1106-EX-510
Agency appeal. Affirms denial of unemployment benefits.

Patricia Claywell v. State of Indiana (NFP)
29A02-1106-CR-572
Criminal. Affirms conviction of operating a vehicle while intoxicated in a manner that endangers a person, elevated to a Class D felony on the basis of a prior conviction.

Matthew Weitzel v. State of Indiana (NFP)
08A05-1107-CR-336
Criminal. Affirms conviction of Class D felony possession of methamphetamine.

Term. of Parent-Child Rel. of N.T.; D.T. (Father) and E.L. (Mother) v. Indiana Dept. of Child Services (NFP)
20A03-1106-JT-278
Juvenile. Affirms termination of parental rights.
 

Small Claims task force meetings begin Wednesday

The newly created task force formed by the Indiana Supreme Court to look into the practices and procedures used in Marion County Small Claims courts will hold its first of three hearings Wednesday.

Guardianship, power of attorney bills on 3rd reading

A bill that would prevent the termination of the guardianship of an incapacitated minor once the minor turns 18 and legislation that allows a copy of a power of attorney to have the same effect as the original are before the Indiana House of Representatives on third reading Monday.

Grant will bring awareness to civil rights laws

The Indiana Civil Rights Commission has received a $250,000 grant from the U.S. Department for Housing and Urban Development to increase public awareness of fair housing rights and responsibilities.

Opinions Feb. 17, 2012 ILD

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

Indiana Court of Appeals
Barry Cook v. State of Indiana (NFP)
27A05-1107-CR-402
Criminal. Reverses conviction of Class B felony possession of cocaine and remands with instructions.

Todd A. Gray, Jr. v. State of Indiana (NFP)
71A05-1106-CR-308
Criminal. Affirms conviction of Class B felony attempted robbery.

Robert Kemp v. State of Indiana (NFP)
71A03-1107-CR-338
Criminal. Affirms convictions of Class A felonies rape and criminal deviate conduct.
 

Opinions Feb. 17, 2012

7th Circuit Court of Appeals
United States of America v. Samuel T. Henzel
11-2293
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Affirms 135-month sentence imposed following guilty plea to traveling across state lines with the intent to engage in illicit sexual conduct. The District Court miscalculated the imprisonment range favorably to Henzel, and the sentence imposed is actually within the correctly calculated range.

Judge: facility not exempt from property tax

The Indiana Tax Court has upheld the decision of the Indiana Board of Tax Review that a Tipton County assisted living facility failed to raise a prima facie case that it is exempt from property tax under Indiana Code 6-1.1-10-16.