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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.

U.S. District Court maintenance Jan. 7

Due to scheduled maintenance, e-filing and PACER access to case information for the U.S. District Court, Southern District of Indiana will be unavailable from 8 a.m. to 8 p.m. Jan. 7.

7th Circuit to hear arguments in NCAA price-fixing lawsuit

The 7th Circuit Court of Appeals hears arguments Monday in a case brought by two former NCAA athletes whose scholarships were revoked after injuries. The litigants claim that they were wrongly denied multi-year scholarships that would have covered the cost of their bachelor’s degrees.

Opinions Jan. 5, 2012 ILD

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

Indiana Court of Appeals
John C. Cole, Jr. v. State of Indiana (NFP)
49A05-1102-PC-67
Post conviction. Affirms denial of petition for post-conviction relief.

Gary Plunkitt v. Beckoning Way Community Association (NFP)
32A01-1104-SC-171
Small claims. Affirms trial court’s determination that a property management company did not err in pursuing collection of Plunkitt’s homeowner fees and that Plunkitt is estopped from claiming he did not know of the association.

Rashaad Michael Hogan v. State of Indiana (NFP)
71A03-1107-CR-336
Criminal. Affirms conviction of and sentences for robbery, confinement and carjacking – all Class B felonies.

First Midwest Bank, successor in interest to Bank Calumet, N.A. v. Dean Vander Woude and Timothy Koster (NFP)
64A04-1103-PL-120
Civil plenary. Reverses trial court’s order granting summary judgment to Vander Woude and Koster, holding a genuine issue of material fact remains. Declines First Midwest Bank’s invitation to enter summary judgment in its favor and remands for further proceedings.

Donyea Fowler v. State of Indiana (NFP)
71A03-1104-CR-170
Criminal. Affirms conviction for Class D felony receiving stolen property.

Curtis E. Jones v. State of Indiana (NFP)
29A02-1104-CR-414
Criminal. Affirms convictions of two counts of Class A felony child molesting and two counts of Class B felony incest.

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

 

State Supreme Court’s robo-calls ruling carries over to federal lawsuit

A ruling by the Indiana Supreme Court upholding the state’s automated phone call ban has found its way into the briefing of a federal appeal challenging the same statute, and the attorneys disagree on whether the state justices adequately addressed a First Amendment issue.

Judge allows Charlie White to remain in office pending appeal

Recognizing the judiciary has the ability to minimize damage caused by the ongoing Indiana secretary of state court challenge, a Marion Circuit judge has put a hold on his ruling that the state’s top election official be immediately removed from office and a successor appointed.

Opinions Jan. 4, 2012 ILD

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

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

Indiana Court of Appeals
Santos Ulloa v. State of Indiana (NFP)
09A05-1107-CR-358
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Deshawn Grigsby v. State of Indiana (NFP)
49A02-1105-CR-446
Criminal. Affirms convictions of felony murder and two counts of Class B felony robbery. Remands for the trial court to vacate the conviction of and sentence for Class A felony attempted robbery on double jeopardy grounds.
 

Opinions Jan. 4, 2012

Indiana Court of Appeals
In the Matter of the Estate of Florian T. Latek; Nicholas G. Grapsas, et al. v. Gerald Ronneau
64A05-1103-ES-112
Estate, supervised. Affirms denial of Grapsas and Padezan’s challenge to the trial court order denying their motion to dismiss a petition for probate of will and for issuance of letters testamentary filed in the Porter Superior Court and a separate order admitting to probate the last will and testament of Florian Latek. Indiana adheres to the majority rule, and under that rule, the Illinois court’s denial of Latek’s will to probate because it failed to comply with that state’s statutory execution requirements has no effect on the subsequent admission and probate of Latek’s will in Indiana as it concerns the disposition of real property located in Indiana.

COA: will can be admitted in Indiana

Relying on the majority rule, the Indiana Court of Appeals concluded that a man’s will that was denied probate in Illinois could be admitted in Indiana to deal with real property located here.

7th Circuit examines traffic ‘turn’ definition

While Indiana statute doesn’t specifically define the word “turning” in the context of traffic law, the 7th Circuit Court of Appeals has held the failure to use a right-hand turn signal at an intersection amounts to a violation and justifies a traffic stop.

COA: post-conviction proceedings not equivalent to civil proceedings

The Indiana Court of Appeals has held that a post-conviction court isn’t required to accept any proffered agreement from a defendant because that type of proceeding isn’t the same as a civil hearing and the Indiana Supreme Court has given local judges final authority in accepting or denying agreements.