Judges uphold drunk-driving conviction
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.
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No fundamental error in jury seeing previously dismissed counts
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.
IU Maurer to host Minority Law Day
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.
Opinions Feb. 22, 2012 ILD
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.
Opinions Feb. 22, 2012
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.
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.
Court of Appeals reverses molestation convictions
The Indiana Court of Appeals has thrown out a man’s convictions of Class A felony child molesting because the trial court erred in admitting improper vouching testimony.
Appellate court reverses grant of post-conviction relief
The Indiana Court of Appeals found that the post-conviction court erred when it concluded that a defendant had not knowingly waived his right to counsel.
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 upholds judgment in favor of employer in wrongful termination suit
The Indiana Court of Appeals affirmed summary judgment in favor of the Indiana Department of Insurance in a lawsuit filed by a former employee claiming wrongful termination.
Program enables students to earn degrees from Maurer, Jindal Global Law School
Indiana University Maurer School of Law has partnered with the Jindal Global Law School in India to allow students to earn a juris doctor and an LLB in just over four years.
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.
Opinions Feb. 20, 2012
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.
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.