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New suit filed protesting immigration law
The Mexican American Legal Defense and Education Fund has filed a lawsuit on behalf of La Union Benefica Mexicana, a nonprofit organization in East Chicago, protesting two previously unchallenged portions of Indiana’s new immigration law.
Guidelines aim to raise concussion awareness
New laws and policies are prompted by the long-term effects of head injuries in sports.
Behind the scenes of the Super Bowl
Attorneys help plan for the big event in February 2012 in Indianapolis.
Changing how state appeals are started
For the first time in Indiana’s history, lawyers and litigants will no longer be able to file appeals the way it has typically been done.
Local governments to be trained on protecting records from disasters
The Indiana State Archives will offer training in January and February for state and local governments on how to protect documents and records – such as deeds and payroll records – before, during and after disasters.
Bill offers recognition to Indiana Miami tribe
State senator says acknowledgment of the tribe is overdue.
Restructuring revises coverage area for some pro bono offices
As of Jan. 1, Indiana has 12 pro bono districts, down from 14. Some districts saw no change in their boundaries. But all saw a sharp decrease in funding from the year before, marking the third straight year of declining funds.
Opinions Dec. 30, 2011 ILD
7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.
Indiana Court of Appeals
Taiwo K. Baker, Jr. v. State of Indiana (NFP)
20A03-1104-CR-164
Criminal. Affirms conviction of Class B felony aggravated battery and Class B misdemeanor public intoxication.
Sassy Belle Sunderman v. State of Indiana (NFP)
82A01-1105-CR-232
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.
George Foote, Jr. v. State of Indiana (NFP)
28A04-1102-PC-140
Post conviction. Affirms denial of petition for post-conviction relief.
Thad Suggs III v. State of Indiana (NFP)
20A03-1105-CR-240
Criminal. Affirms sentence for Class C felony operating a motor vehicle while privileges are forfeited for life.
Edward Mercer v. State of Indiana (NFP)
79A04-1012-CR-800
Criminal. Affirms conviction of and sentence for two counts of Class B felony robbery while armed with a deadly weapon.
Jarrod Eugene Rodriguez v. State of Indiana (NFP)
79A02-1012-CR-1406
Criminal. Affirms conviction of Class B felony robbery while armed with a deadly weapon.
William Scanlon v. State of Indiana (NFP)
49A02-1106-CR-504
Criminal. Affirms sentence for Class D felony resisting law enforcement.
Willie James Huggins, Jr. v. State of Indiana (NFP)
79A05-1106-CR-276
Criminal. Affirms aggregate 34-year sentence with four years suspended to probation for three Class A felonies, one Class C felony and two Class A misdemeanors.
Carlos Garcia v. Indiana Dept. of Correction and Donna Carnagee (NFP)
48A04-1108-MI-434
Miscellaneous. Reverses trial court’s grant of summary judgment in favor of the Indiana Department of Correction and Donna Carnagee, holding that a material issue of fact exists as to whether the school Garcia attended in Florida is equivalent to a school in Indiana. Remands for the trial court to conduct an evidentiary hearing.
Shawn Williams v. State of Indiana (NFP)
71A04-1106-CR-491
Criminal. Affirms murder conviction.
Jeffrey R. Double v. State of Indiana (NFP)
53A04-1103-CR-151
Criminal. Affirms sentence for Class D felony auto theft and determination that Double is a habitual offender.
Dylan R. Sinn v. State of Indiana (NFP)
84A01-1106-CR-318
Criminal. Affirms aggregate sentence of 13 years for violating probation, two Class D felony drug-related offenses, and being a habitual substance offender.
Tim Brauner v. RM & JP Investments, Inc. f/k/a Tools, Dies and Molds Co. (NFP)
02A04-1106-PL-321
Civil plenary. Affirms trial court’s grant of RM & JP’s motion for summary judgment regarding Letter of Compensation, reverses grant of RM & JP’s motion for summary judgment with respect to Letter of Employment and affirms the denial of Brauner’s motion for summary judgment.
In Re: The Marriage of Linda Carpenter and Willie Carpenter (NFP)
89A01-1101-DR-1
Domestic relation. Remands to the dissolution court with instructions to exclude the vehicle in dissolution decree and order husband’s repayment of one-half of the difference between assets awarded to him and assets awarded to wife.
James Kindred, Thomas Kindred and Sam Kindred v. Betty Townsend and Harmon Crone (NFP)
60A04-1101-PL-42
Civil plenary. Affirms grant of Crone’s motion for relief from judgment.
Willis Simmons v. State of Indiana (NFP)
02A03-1106-CR-316
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct.
Larry D. Brossman v. Teresa A. Digrigoli (NFP)
32A01-1103-DR-106
Domestic relation. Affirms denial of Brossman’s motion to correct error, holding the appeal is not timely.
Amy Rogers v. Michael Durand (NFP)
29A05-1105-DR-221
Domestic relation. Affirms trial court’s order granting Durand’s motion to correct errors.
Jeffrey L. Wright v. State of Indiana (NFP)
53A01-1104-CR-216
Criminal. Affirms revocation of probation.
In Re: The Estate of Lucille Lehnerd McMann, Mary Jane McMann, Elizabeth M. McMann and Patricia A. McMann v. Doreen McMann-Trimboli, Trustee; Lucille L. McMann Revocable Trust, et al. (NFP)
71A04-1103-ES-106
Estate, supervised. Affirms summary judgment in favor of McMann-Trimboli, holding she presented ample undisputed evidence that the will was not a product of undue influence.
Daniel Cardine v. State of Indiana (NFP)
45A04-1105-PC-267
Post conviction. Affirms denial of petition for post-conviction relief.
Jamaal Tinsley v. Nancy Parrish (NFP)
49A05-1104-CT-162
Civil tort. Reverses trial court’s denial of Tinsley’s motion to set aside default judgment, holding he was entitled to relief from default judgment because he demonstrated excusable neglect and a meritorious defense. Remands for further proceedings.
Mark Van Eaton and Cynthia Van Eaton Vallimont v. The Ralph David Van Eaton Revocable Trust (NFP)
19A01-1108-TR-352
Trust. Affirms Dubois Circuit Court’s denial of appellants’ motion to correct improper venue.
Christopher R. Hardy v. State of Indiana (NFP)
20A04-1105-CR-233
Criminal. Affirms sentence for Class A and Class B felony dealing in methamphetamine, Class D felony possession of methamphetamine and Class D felony maintaining a common nuisance.
Indiana Tax Court and Indiana Supreme Court had issued no opinions by IL deadline.
Opinions Dec. 30, 2011
Indiana Court of Appeals
Jeremy L. Peters v. State of Indiana
43A05-1103-CR-144
Criminal. Affirms conviction of and sentence for Class B felony unlawful possession of a firearm by a serious violent felon, holding that the use of Peters’ post-arrest, pre-Miranda silence during the state’s case-in-chief was not fundamental error because the evidence of his guilt was strong, the references to his silence were brief, and the references came amidst the narrative explaining the events after the crime.
Court rejects claims of fraud from trust beneficiary’s children
The Indiana Court of Appeals has held that two siblings who have accused their mother of fraud with regard to a family trust account did not present any material issue of fact to support their argument.
COA: Competitor can’t challenge state contract for services
A mental health services provider doesn’t have standing to challenge a nonprofit competitor’s subcontract for similar services with the Indiana Department of Administration, the state’s second highest appellate court has ruled.
‘Continuing wrong’ statute makes malpractice claim timely
A doctor who was the subject of a malpractice claim due to his patient losing consciousness and causing a crash while driving is not entitled to summary judgment, the Indiana Court of Appeals held.
Holiday closure Jan. 2
There will be no IL Daily on Jan. 2, 2012, in observance of the holiday. Happy New Year from the staff of the Indiana Lawyer.
COA rules on estate representative’s banking activity
The Indiana Court of Appeals has overturned a Lake County judge in an estate case involving a personal representative who conducted banking transactions for an elderly man before his death.
Split COA reverses trial court in personal injury case
Two Indiana Court of Appeals judges reversed a trial court’s denial of a woman’s motion for prejudgment interest in a case stemming from a car crash.
Uncommunicative felon fails to persuade COA that trial court erred
The Indiana Court of Appeals has sided with a trial court in determining that testimony about a felon’s silence post-arrest was not inappropriate.
Judges find eviction was allowed
The Indiana Court of Appeals has ruled that M&I Bank was allowed to evict two residents of a home that had been foreclosed because they were leasing and the bank had become owner in a sheriff’s sale.
COA rules police can act reasonably to control investigation scene
Police were justified in handcuffing a woman who they felt was a safety risk inside her home during an investigation, the Indiana Court of Appeals has ruled.
Supreme Court upholds unemployment insurance decision
The Indiana Supreme Court has upheld a Department of Workforce Development decision denying a woman her claim for unemployment insurance benefits after she was terminated for being unable to perform the required skills of her job.