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COA upholds attorney’s 11-year sentence

The Roanoke attorney who stole more than $200,000 from his clients will not have his sentence reduced, the Indiana Court of Appeals decided Wednesday.

DCS recognized with national award

The Indiana Department of Child Services has won one of four Casey Family Programs “Excellence in Leadership” awards for 2011. The award is given to those involved in child welfare who work to improve the lives of children and families.

AG asks justices to take secretary of state case

The Office of the Indiana Attorney General has asked the Indiana Supreme Court to take the Indiana Recount Commission’s appeal of the finding that Secretary of State Charlie White was ineligible to be on the November 2010 ballot.

Opinions Jan. 10, 2012 ILD

7th Circuit Court of Appeals had posted no opinions at IL deadline.

Indiana Court of Appeals
Steven Cusack v. State of Indiana (NFP)
49A05-1106-CR-274
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Indiana Tax Court had posted no opinions at IL deadline.

 

Opinions Jan. 10, 2012

Indiana Supreme Court
Sarah Haag, Gordon Haag and Cathy Haag; Molly Kruger, William Kruger, III, and Katherine F. Kruger, et al. v. Mark Castro, The Indiana Youth Soccer Association, Virginia Surety Company, Inc., et al.
29S04-1102-CT-118
Civil tort. Affirms summary judgment in favor of Virginia Surety, the insurer of Indiana Youth Soccer Association, in a lawsuit brought by injured players seeking a declaration that the insurer provide coverage for an accident involving a Carmel youth soccer team while they were in Colorado. Because the van in which players were traveling when the accident occurred was not being used in the business of the association – a condition for coverage under the governing association’s business auto-insurance policy at issue – the injured players may not recover. Justice Dickson dissents; Justice David did not participate.

Justices divided on whether accident is covered by policy

The Indiana Supreme Court ruled 3-1 Tuesday that an insurer for the Indiana Youth Soccer Association does not have to provide coverage for an accident involving a Carmel team during a trip to Colorado for a soccer tournament.

Chief justice to give his final State of the Judiciary

Indiana Chief Justice Randall T. Shepard on Wednesday will give his annual State of the Judiciary address to a joint session of the Indiana General Assembly, the final time he will do so before retiring in March.

SCOTUS denies Indiana church dispute

The Supreme Court of the United States has declined to take an Indiana case involving a property and trustee election dispute between the Zion Temple Apostolic Church in Gary and the son of the deceased founding pastor.

Indiana Supreme Court will hear IBM case

The Indiana Supreme Court will decide whether Gov. Mitch Daniels must appear for a deposition and testify in an ongoing lawsuit challenging the cancelled IBM contract to modernize the state’s welfare system.

Opinions Jan. 9, 2012 ILD

7th Circuit Court of Appeals had issued no Indiana opinions by IL deadline.

Indiana Court of Appeals
Javon L. Bonner v. State of Indiana (NFP)
20A03-1107-CR-330
Criminal. Affirms conviction of and sentence for Class A felony dealing in cocaine and convictions for Class C felony operating a vehicle with a lifetime suspension and Class A misdemeanor resisting law enforcement.

Jesse Baker v. State of Indiana (NFP)
49A02-1104-CR-386
Criminal. Affirms trial court’s denial of motion to correct erroneous sentence.

Daniel Foster v. State of Indiana (NFP)
53A01-1105-CR-222
Criminal. Affirms trial court’s denial of motion to correct error.

Kurt Gregory v. Carol Gregory (NFP)
02A04-1105-DR-256
Domestic relation. Affirms trial court’s denial of Kurt Gregory’s contempt petition and its decision to deny credit of $90 against the amount owed for children’s schooling. Reverses court’s decision to not credit a $150 registration fee and remands to the court to reduce tuition by that amount.

Indiana Tax Court and Indiana Supreme Court had issued no opinions by IL deadline.
 

Opinins Jan. 9, 2012

Indiana Court of Appeals
Javon L. Bonner v. State of Indiana (NFP)
20A03-1107-CR-330
Criminal. Affirms conviction of and sentence for Class A felony dealing in cocaine and convictions for Class C felony operating a vehicle with a lifetime suspension and Class A misdemeanor resisting law enforcement.

Opinions Jan. 6, 2012

Indiana Court of Appeals
Michael Woodson v. State of Indiana
49A05-1106-CR-306
Criminal. Reverses two fraud convictions on grounds that trial court erred in denying a motion to suppress evidence, finding that the evidence was improperly seized after a search without adequate reasonable suspicion.

Judges examine double jeopardy issues in child support case

The Indiana Court of Appeals has found a man’s three convictions on non-payment of child support for his three children don't violate double jeopardy principles, even though that issue is currently pending in another case before the Indiana Supreme Court.

Court finds police lacked reasonable suspicion for stop and search

Finding that an Indianapolis police officer didn’t have reasonable suspicion or consent to stop a man acting suspiciously in a gas station parking lot, the Indiana Court of Appeals has reversed two fraud convictions involving the possession of movie DVDs that weren’t yet on the market.