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Bryce Bennett is a founding partner of Riley Bennett & Egloff, a law firm that today employees 63 professionals and support staff and counts many reputable business, government and educational institutions in its client group. During his 33 years as a business and trial lawyer, Bryce has mentored future leaders of the legal and business […]
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Anthony L. Cole v. State of Indiana (NFP)
73A01-1107-CR-310
Criminal. Remands with instructions to vacate conviction of Class D felony theft. Affirms remaining convictions – Class A felony burglary; Class B felonies criminal confinement and robbery; Class C felony intimidation with a deadly weapon; Class D felony criminal gang activity; and Class A misdemeanor carrying a handgun without a license. Dismisses challenge to habitual offender status.
Michael Earls v. State of Indiana (NFP)
49A02-1108-CR-754
Criminal. Affirms conviction of Class B felony dealing in cocaine.
Jason Russell Richardson v. State of Indiana (NFP)
11A01-1106-CR-278
Criminal. Affirms conviction of Class C felony child molesting.
Indiana Court of Appeals
Whiskey Barrel Planters Co., Inc., n/k/a Diggs Enterprises, Inc., Robinson Family Enterprises, LLC, et al. v. American GardenWorks, Inc., and Millennium Real Estate Investment, LLC
04A03-1011-PL-582
Civil plenary. Reverses determination in favor of American GardenWorks and Millennium Real Estate on AGW and MRE’s fraud claims against Whiskey Barrel and judgment for $409,611.24 and attorney fees and costs. The trial court erred in denying Whiskey Barrel’s motion for partial summary judgment on the issue of whether AGW was entitled to loans made to Whiskey Barrel shareholders and on the issue of whether AGW was entitled to 2008 season football tickets to Purdue that were purchased with Whiskey Barrel funds. The trial court erred in determining that AGW acquired the previous owner’s personal property under the terms of the purchase agreement. Remands for the trial court to determine the amount of attorney fees – if any – that are recoverable.
The Benton Circuit Court erred in denying partial summary judgment to the former shareholders of a garden accessories company, the Indiana Court of Appeals held.
The Indiana Supreme Court has agreed to hear a first impression case concerning whether a mortgagee on record had an enforceable right under the mortgage.
The six candidates for Probate Court in St. Joseph County will participate in a forum from 3 to 4 p.m. April 28 at Indiana University South Bend.
The 7th Circuit Court of Appeals and Indiana appellate courts posted no opinions at IL deadline.
The 7th Circuit Court of Appeals and Indiana appellate courts posted no opinions at IL deadline.
The ACLU of Indiana is now accepting nominations for its board of directors. Board members must be members of the organization.
The United States Bankruptcy Court for the Northern District of Indiana is seeking public comment on a change to Local Rule B-9013-1, Motions Initiating Matters and Other Requests for Relief.
The 7th Circuit Court of Appeals has ordered a man resentenced because the District judge erred by not granting the defendant the one-level reduction under the United States Sentencing Guidelines that was triggered by the government’s motion.
7th Circuit Court of Appeals
United States of America v. Anthony Raupp
11-2215
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Amends original opinion issued March 9, 2012, in which majority affirmed 100-month sentence and determination Raupp is a career offender. Judge Diane Wood dissents.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
H.V. and O.P. v. Indiana Department of Child Services (NFP)
02A05-1108-JT-506
Juvenile. Affirms termination of parental rights.
Robert E. Stanley v. State of Indiana (NFP)
18A02-1109-CR-834
Criminal. Affirms conviction of Class D felony home improvement fraud.
Gary Anderson Proby v. State of Indiana (NFP)
71A05-1110-CR-522
Criminal. Affirms conviction of Class B felony burglary.
Johnny Lee Gibson v. State of Indiana (NFP)
45A04-1109-CR-494
Criminal. Affirms sentence following guilty plea to Class B felony rape.
D.H. v. State of Indiana (NFP)
49A04-1110-JV-533
Juvenile. Affirms adjudication for committing what would be Class C felony intimidation and two acts that would have been Class B misdemeanor possession of a knife on school property, if committed by an adult.
Jason Haste and Jamie R. Haste v. State of Indiana (NFP)
20A05-1107-CR-364
Criminal. Affirms the Hastes’ convictions of and sentences for maintaining a common nuisance and possession of marijuana as Class D felonies, but vacates their convictions of Class A misdemeanor possession of marijuana due to double jeopardy violations.
Joseph Adams v. State of Indiana (NFP)
33A04-1110-CR-562
Criminal. Affirms sentence for Class B misdemeanor criminal mischief and the revocation of Adams’ probation.
David Paul Burns v. State of Indiana (NFP)
45A03-1108-CR-364
Criminal. Affirms conviction of Class D felony theft and adjudication as a habitual offender.
Rodney W. Robinson v. Arthur Cashwell & Roxie Battle (NFP)
45A03-1107-SC-351
Small claim. Affirms judgment against Robinson and in favor of Cashwell and Battle on Robinson’s claim that the defendants had his truck improperly towed.
7th Circuit Court of Appeals
United States of America v. Jaymie T. Mount
11-2616
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Criminal. Remands for resentencing after the District Court denied the government’s motion for Mount to receive an additional one-level reduction following his guilty plea, citing Mount’s flight from charges. The additional reduction is mandatory once the government determines that the criteria spelled out in U.S.S.G. Section 3E1.1(b) are satisfied and it makes the necessary motion.
The Indiana Court of Appeals has affirmed the $1.25 million judgment against a gastroenterologist after a patient brought a medical malpractice claim for a missed cancer diagnosis. The judges found the trial court didn’t abuse its discretion in excluding certain evidence.
The Indiana Court of Appeals found that a child molesting victim’s statement to her grandmother – as testified by the grandmother at trial – should not have been admitted. But, that hearsay reference did not deprive the defendant of a fair trial.
The Indiana Supreme Court, the International Association of Defense Counsel and the Indiana Bar Foundation are collaborating to present a workshop for Indiana teachers April 13.
The Indiana Court of Appeals will hear arguments at Valparaiso University Law School in a rape case.
Three judicial candidates in Marion County and two candidates for the Indiana House are suing the county Board of Voter Registration and Election Board, alleging they were denied access to public information.
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Marcus Washington v. State of Indiana (NFP)
49A02-1105-CR-429
Criminal. Affirms convictions of murder, and Class A misdemeanor carrying a handgun without a license.
Foster Mowrey v. State of Indiana (NFP)
02A03-1108-CR-406
Criminal. Affirms sentence following guilty plea to Class D felony battery and Class A misdemeanor possession of marijuana.
Jim A. Edsall v. State of Indiana (NFP)
57A03-1110-CR-462
Criminal. Reverses order denying permission to file a belated notice of appeal.
Larry D. Madden v. State of Indiana (NFP)
73A01-1105-CR-230
Criminal. Affirms conviction of Class D felony theft.
Patrick Dewayne Carr, Jr. v. State of Indiana (NFP)
71A05-1105-CR-261
Criminal. Affirms convictions of Class B felony robbery, Class B felony burglary and Class A felony attempted murder.
David Butler v. State of Indiana (NFP)
34A05-1109-CR-477
Criminal. Affirms sentence following guilty plea to Class B felony possession of cocaine.
Gloria Hussey, Personal Representative of the Estate of Steven Hussey v. William H. Toedebusch, M.D. (NFP)
89A01-1108-PL-345
Civil plenary. Reverses dismissal of Hussey’s complaint against Dr. Toedebusch and remands with instructions to reinstate the complaint.