Justices accept 2 appeals and deny 24 cases
The Indiana Supreme Court has accepted two cases, one involving a tax revenue assessment dispute and a second asking how trial judges decide on restraining defendants who disrupt courtroom proceedings.
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Photos admissible when evidence has been destroyed
In an appeal from a man convicted of Class B dealing in methamphetamine and Class B misdemeanor visiting a common nuisance, the Indiana Court of Appeals has held that photos of a methamphetamine lab were admissible because the physical evidence had been destroyed.
COA sides with appellant in probation violation complaint
The Indiana Court of Appeals has held that when a probation is transferred between Indiana counties, the receiving county assumes supervisory authority over the case.
Opinions Dec. 5, 2011 ILD
7th Circuit Court of Appeals had posted no Indiana opinions by IL deadline.
Gold C. Washington v. State of Indiana (NFP)
79A02-1105-CR-407
Criminal. Reverses sentences for two convictions of Class D felony battery on a child, holding the court abused its discretion by imposing a sentence greater than allowed by statute. Remands for resentencing.
Aaron Michael Rohr v. State of Indiana (NFP)
40A01-1102-CR-55
Criminal. Affirms convictions of Class A felony neglect of a dependent resulting in death, Class B felony aggravated battery and Class B felony battery of a child by an adult causing serious bodily injury.
Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline.
Indiana Supreme Court granted transfer in two cases for the week ending Dec. 2.
Opinions Dec. 5, 2011
Indiana Court of Appeals
Linzy C. Clark v. State of Indiana
48A04-1104-CR-249
Criminal. Reverses trial court’s denial of Clark’s motion to dismiss the notice of probation violation. After the probation was transferred from Madison County to Tippecanoe County, the Tippecanoe County court held supervisory authority. It received notice of the probation violation, but Madison County – the sentencing court – did not, nor did it file the notice of probation violation within 45 days of receiving the notice of violation.
Third volume of Restatement of Property published
Attorneys and judges now have more scholarly guidance on wills and other donation-related issues in civil law, after a national organization released its third and final volume of the Restatement (Third) of Property: Wills and Other Donative Transfers.
Former city-county councilor sentenced to 40 months
U.S. Senior Judge Larry McKinney on Thursday sentenced former Indianapolis City-County Councilor Lincoln Plowman to 40 months in federal prison for attempted extortion and bribery.
Opinions Dec. 2, 2011 ILD
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
Billy Jack Steele v. State of Indiana (NFP)
15A01-1104-CR-194
Criminal. Affirms eight-year sentence for Class C felony robbery.
Dr. Kurt Kessler, M.D. v. Memorial Hospital and Health Care Center, a/k/a Little Company or Mary Hospital of Indiana, Inc., and Dr. Joseph Munning, M.D. (NFP)
51A01-1103-PL-103
Civil plenary. Affirms trial court’s grant of summary judgment in favor of Memorial Hospital and Health Care Center and Dr. Joseph Munning.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Opinions Dec. 2, 2011
Indiana Court of Appeals
Billy Jack Steele v. State of Indiana (NFP)
15A01-1104-CR-194
Criminal. Affirms eight-year sentence for Class C felony robbery.
Jasper County high school students to observe Court of Appeals oral argument
The Indiana Court of Appeals will hear arguments in Paul K. Ogden v. Robertson et. al. at 2 p.m. EST Dec. 6 at Rensselaer Central High School, 1106 E. Grace St.
Law school renamed following gift from Indianapolis attorney
After a $24 million donation from an Indianapolis attorney, Indiana University School of Law – Indianapolis is now named Indiana University Robert H. McKinney School of Law.
7th Circuit affirms ruling against woman kicked out of public housing
A woman who challenged the Housing Authority of South Bend’s decision to terminate her lease for federally subsidized public housing because of criminal activity lost her appeal before the 7th Circuit Court of Appeals.
Opinions Dec. 1, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Tax Court had posted no opinions at IL deadline.
Indy law renamed in honor of $24 million donor
Effective today, the Indiana University School of Law – Indianapolis will be called Indiana University Robert H. McKinney School of Law.
Opinions Dec. 1, 2011
7th Circuit Court of Appeals
Bridgett Stevens v. Housing Authority of South Bend, Indiana, et al. and State of Indiana
10-2724
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Rudy Lozano.
Civil. Affirms summary judgment for defendants on Stevens’ federal claims alleging violations of the Fair Housing Act and the 14th Amendment and the decline by the court to exercise jurisdiction over the remaining state law claims, dismissing them without prejudice. Injunctive relief is no longer available to Stevens because she voluntarily left her public housing apartment after receiving two additional notices indicating that she must leave due to violating housing policy. The first notice was therefore lawfully issued, and Stevens has no claim for emotional distress caused by a wholly lawful action.
Appellate court upholds criminal recklessness conviction
The Indiana Court of Appeals determined there was sufficient evidence to uphold a man’s conviction of criminal recklessness regarding his firing of a gun.
Court seeks comment on changes to civil local rules
The U.S. District Court, Southern District of Indiana, is seeking comment on proposed amendments to dozens of its local rules. If adopted, the amendments will become effective Jan. 1, 2012.
Opinions Nov. 30, 2011 ILD
7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.
Indiana Court of Appeals
Matthew A. Knight v. State of Indiana (NFP)
87A01-1103-CR-167
Criminal. Affirms convictions of Class D felony operating a vehicle as a habitual traffic violator and Class C infraction no license plate light.
Ronnie Sanchez v. State of Indiana (NFP)
10A01-1101-CR-26
Criminal. Affirms denial of motion to suppress.
Jonathan Yocum v. X.Y., By Next Friend, M.Y. (NFP)
49A02-1103-PO-351
Protection order. Reverses protective order against father filed by mother on behalf of their son.
Adolph Brateman, Adrienne Brateman, and Michael Brateman v. Hanning & Bean Enterprises, Inc. (NFP)
02A03-1103-PL-162
Civil plenary. Affirms entry of declaratory judgment and a preliminary injunction in favor of lessee Hanning & Bean Enterprises.
John Barrientes v. State of Indiana (NFP)
82A04-1106-CR-302
Criminal. Affirms sentence following guilty plea to seven charges related to a drunk driving motor vehicle accident that caused the death of one person and seriously injured another.
John A. Ashby v. State of Indiana (NFP)
87A04-1103-CR-113
Criminal. Affirms denial of motion to suppress evidence.
Ladell Alexander v. State of Indiana (NFP)
71A04-1101-CR-155
Criminal. Dismisses appeal of denial of motion for reduction of sentence.
Cortino Allen v. State of Indiana (NFP)
49A04-1103-CR-88
Criminal. Affirms order that Allen undergo a mental health evaluation and comply with any recommended treatment as a part of his probation.
Frank Poole, Jr. v. State of Indiana (NFP)
45A03-1101-CR-12
Criminal. Affirms sentence following guilty plea to dealing in cocaine as a Class B felony.
Andrew Wagoner v. State of Indiana (NFP)
49A05-1105-CR-254
Criminal. Affirms conviction of Class B misdemeanor battery.
L.G. v. State of Indiana (NFP)
49A02-1102-JV-181
Juvenile. Affirms adjudication as a delinquent for committing what would be burglary if committed by an adult.
Brian Eby v. Jennifer Eby (NFP)
29A02-1104-DR-318
Domestic relation. Reverses in part second amended decree of dissolution following remand from a previous appeal because the court abused its discretion in crediting Jennifer Eby for the entire amount of expenses paid during the pendency of the dissolution proceedings. Remands with instructions.
Larry W. Pflug, Rebecca K. Pflug, Michael G. Pflug, Kristi A. Pflug, Gene A. Pflug, and Gloria J. Pflug v. State of Indiana (NFP)
26A04-1104-PL-217
Civil plenary. Affirms grant of the state’s motion to strike the exceptions to the assessed value of the property as untimely.
Timothy Tingle v. State of Indiana (NFP)
49A02-1104-CR-308
Criminal. Affirms sentence following guilty plea to three counts of Class A felony dealing in cocaine, and one count each of Class D felony resisting law enforcement and Class A misdemeanor resisting law enforcement.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Nov. 30, 2011
Indiana Supreme Court
Christopher Jewell v. State of Indiana
32S04-1104-CR-200
Criminal. Affirms denial of Jewell’s motion to suppress recorded phone conversations between him and his former stepdaughter and finds his sentence is appropriate for six counts relating to child molesting, sexual misconduct with a minor, and child seduction. Holds that under the broader protections of Article 1, Section 13 of the Indiana Constitution, the right to counsel is violated only where the different offense is inextricably intertwined with the charge on which counsel is already representing the defendant.
Technical issues interrupt COA webcasts
The Indiana Court of Appeals will not have any webcast videos, and potentially no audio, for at least several days, the court announced Wednesday.