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The Indiana Supreme Court was divided in two ways in a case involving Indiana Post-Conviction Rule 2: on what standard to use to judge the performance of PCR 2 counsel and whether a defendant should be allowed to appeal the denial of his petition to file a belated direct appeal.
After being knocked offline for two months because of technical issues, Indiana Court of Appeals arguments will be webcast again beginning Jan. 25.
The Indiana Court of Appeals affirmed the denial of a defendant’s petition for permission to file a belated notice of appeal, finding that she waived the right to challenge her sentence in a direct appeal.
The Indiana Court of Appeals reversed the award of attorney fees to a daughter who was sued by her mother following a fall, finding there were no valid legal conclusions justifying the award.
Because a defendant repeatedly maintained his innocence to Class A felony child molesting at his guilty plea hearing but also pleaded guilty to the charge, the trial court erred in accepting his plea, the Indiana Court of Appeals ruled.
The Indiana Supreme Court, Court of Appeals, and Tax Court had posted no opinions at IL deadline.
The legislation created in response to a controversial Indiana Supreme Court ruling last year regarding defending against unlawful entry was approved 45-5 by the Senate on third hearing Monday.
U.S. District Judge Jane Magnus-Stinson will receive the Indianapolis Bar Association’s Hon. Paul H. Buchanan Jr. Award of Excellence, the bar association has announced.
The Supreme Court of the United States has ruled that a federal law requiring sex offenders to update their registration when crossing states lines doesn’t automatically apply to those who committed their crimes before the law was passed.
The Indiana Supreme Court has adopted a repayment plan for an Indianapolis company it found engaged in the unauthorized practice of law, ordering officials to reimburse the state bar association and former clients during the next six years.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court
Indiana Dept. of Insurance, Indiana Patient's Compensation Fund v. Robin Everhart, Personal Rep. of the Estate of James K. Everhart, Jr.
84S01-1105-CV-282
Civil. Affirms award of statutory maximum of $1 million in excess damages from the Indiana Patient’s Compensation Fund to Robin Everhart. Does not see any grounds on which to reduce the trial court’s award of $1 million in excess damages, so deciding whether to extend or halt Cahoon’s advance would seem unnecessary at best. The fund was not entitled to a set-off.
Indiana Court of Appeals
Jose Castillo-Aguilar v. State of Indiana
20A04-1003-CR-195
Criminal. Reverses denial of Castillo-Aguilar’s motion to suppress his answers on the information sheet he completed at the police station. He was subjected to “interrogation” when he was asked to fill out the information sheet, so he should have been given a Miranda warning.
Apex 1 Processing, Inc. v. Akeala Edwards, on Behalf of Herself and Others Similarly Situated
49A05-1103-PL-85
Civil plenary. Affirms denial of Apex 1’s motion to compel arbitration of Edwards’ claim. As the designation of the arbitrator was integral to the arbitration provision, the trial court correctly determined that the agreement was impossible to perform and thus void.
K.F. v. State of Indiana
49A02-1103-JV-290
Juvenile. Affirms finding that K.F. committed acts that would be burglary and theft if committed by an adult based on sufficient evidence. Reverses finding that she committed what would be carrying a handgun without a license if committed by an adult because of insufficient evidence. The juvenile court did not abuse its discretion by admitting into evidence K.F.’s statement made to her mother, but it did err by allowing a police officer to testify as to the mother’s hearsay statements. The admission of that testimony was harmless error. Remands for the juvenile court to correct the dispositional order and CCS entry to accurately reflect the true findings entered by the court.
Louis L. Blacknell, Jr. v. State of Indiana (NFP)
79A02-1106-CR-690
Criminal. Affirms sentence following guilty plea to felony murder.
Opie W. Glass v. State of Indiana (NFP)
30A05-1107-PC-373
Post conviction. Affirms denial of petition for post-conviction relief.
Dustin Tumbleson v. State of Indiana (NFP)
90A02-1107-CR-613
Criminal. Reverses sentence following guilty plea to Class A misdemeanor battery and remands with instructions.
Term. of the Parent-Child Rel. of R.C. & S.C.; R.C. (Mother) v. The Indiana Dept. of Child Services (NFP)
47A05-1104-JT-232
Juvenile. Affirms termination of parental rights.
Larry Hellyer v. State of Indiana (NFP)
34A04-1107-CR-396
Criminal. Affirms denial of motion to correct erroneous sentence.
Nicholas A. Meade v. State of Indiana (NFP)
43A05-1106-CR-311
Criminal. Affirms sentence imposed following determination Meade violated his probation.
Mikeia Lewis v. State of Indiana (NFP)
49A02-1103-CR-267
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.
Leonard T. Marshall v. State of Indiana (NFP)
71A05-1103-CR-103
Criminal. Affirms convictions of rape, criminal confinement, intimidation, strangulation, residential entry, resisting law enforcement and false informing.
Patricia Mowery and Harold R. Mowery, Jr. v. Arron L. Hofmeister, Individually and as Employee/Agent of Marathon Petroleum Co., LP, and Marathon Petroleum Co., LP (NFP)
49A05-1103-CT-142
Civil tort. Affirms jury verdict in favor of Hofmeister in the Mowerys’ action for damages from a collision.
In Re: The Marriage of Cindy B. Neal and George Neal, Jr.; Cindy B. Neal v. George Neal, Jr. (NFP)
70A01-1104-DR-183
Domestic relation. Affirms award of certain personal property to George Neal, the denial of cleanup costs and attorney fees, and the award of certain bank accounts to Cindy Neal.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court
Indiana Dept. of Insurance, Indiana Patient's Compensation Fund v. Robin Everhart, Personal Rep. of the Estate of James K. Everhart, Jr.
84S01-1105-CV-282
Civil. Affirms award of statutory maximum of $1 million in excess damages from the Indiana Patient’s Compensation Fund to Robin Everhart. Does not see any grounds on which to reduce the trial court’s award of $1 million in excess damages, so deciding whether to extend or halt Cahoon’s advance would seem unnecessary at best. The fund was not entitled to a set-off.
The Indiana chapters of the National Black Law Students Association have canceled the inaugural Black Law Students Association mixer that was scheduled to be hosted Friday by Indianapolis law firm Krieg DeVault. Organizers said the event will be rescheduled.
Marion Superior Judge David Dreyer has blocked the collection of a $1,000-a-day fine imposed on boycotting lawmakers in the Indiana House of Representatives, granting a temporary restraining order until he can hold a hearing on the merits of the issue next week.
The Indiana Supreme Court has affirmed a $1 million excess damages award from the Indiana Patient’s Compensation Fund to the estate of a man who died following a truck accident, determining the fund is not entitled to a reduction of the award to account for the 20 percent chance the man would have died even without the doctor’s negligence.
There was sufficient evidence to support the findings that a teenage girl committed what would be burglary and theft if committed by an adult, the Indiana Court of Appeals ruled Friday. The judges overturned the finding she carried a handgun without a license and ordered that the juvenile court correct its dispositional order.
The Indiana Court of Appeals has affirmed the denial of a payday loan company’s motion to compel arbitration in a lawsuit filed by a customer. The COA relied on a nearly identical case involving the same plaintiff in which another appellate panel found that since the arbitrator named in the agreement is no longer available, the arbitration provision is null and void on grounds of impossibility.
The Indiana Court of Appeals found police should have given a Spanish-speaking man arrested for driving without receiving a license a Miranda warning before he filled out an information sheet. As a result of his answers, police later charged him with forgery because his name on the sheet didn’t match what he provided to his employer.
Twenty-five attorneys make up the 2012 inaugural class of the Indiana State Bar Association’s Leadership Development Academy.
7th Circuit Court of Appeals had posted no opinions at IL deadline.
Indiana Court of Appeals
Fernando Contreras v. State of Indiana (NFP)
45A03-1106-CR-255
Criminal. Affirms sentence following guilty pleas to Class B felony burglary and Class C felony escape.
Beth E. Myers v. Rising Sun-Ohio County Community School Corporation (NFP)
58A05-1104-CT-193
Civil tort. Affirms summary judgment for the school corporation on Myers’ complaint asserting she was wrongfully discharged in retaliation for her worker’s compensation claim.
Term. of Parent-Child Rel. of K.T.; K.A. (Father) v. Indiana Dept. of Child Services, and Lake County CASA (NFP)
45A03-1105-JT-207
Juvenile. Affirms termination of parental rights.
Raymond Benjamin Gray v. State of Indiana (NFP)
82A04-1106-CR-327
Criminal. Affirms sentence for convictions of Class C felony criminal recklessness and Class A misdemeanor carrying a handgun without a license.
Marie Robinson v. State of Indiana (NFP)
67A01-1107-CR-306
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.
Stacey L. Certain v. State of Indiana (NFP)
91A02-1106-CR-546
Criminal. Reverses sentence for Class C felony operating a motor vehicle after forfeiture of license for life and remands with instructions to resentence Certain to the advisory sentence of four years.
Bart A. Dewald v. State of Indiana (NFP)
20A03-1010-CR-541
Criminal. Affirms sentences for conspiracy to commit aggravated battery, criminal confinement, intimidation, pointing a firearm, and criminal recklessness, and remands with instructions to vacate one conviction of conspiracy to commit aggravated battery and sentence for intimidation and resentence Dewald in accordance with the opinion. Judge Baker concurs in part and dissents in part.
I.M. v. State of Indiana (NFP)
49A04-1101-JV-41
Juvenile. Grants rehearing and affirms original decision reversing the juvenile court’s order of restitution. Remanded for a new restitution hearing.
Dominique Guyton v. State of Indiana (NFP)
49A02-1107-PC-724
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Tax Court had posted no opinions at IL deadline.