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Attorney survey on Marion County judiciary begins
Eighteen Marion County judges will be on the ballot in the May 2012 primary. The Indianapolis Bar Association is asking attorneys to voice their opinions about those jurists.
SCOTUS denies Indiana church dispute
The Supreme Court of the United States has declined to take an Indiana case involving a property and trustee election dispute between the Zion Temple Apostolic Church in Gary and the son of the deceased founding pastor.
Indiana Supreme Court will hear IBM case
The Indiana Supreme Court will decide whether Gov. Mitch Daniels must appear for a deposition and testify in an ongoing lawsuit challenging the cancelled IBM contract to modernize the state’s welfare system.
Opinions Jan. 9, 2012 ILD
7th Circuit Court of Appeals had issued no Indiana opinions by IL deadline.
Indiana Court of Appeals
Javon L. Bonner v. State of Indiana (NFP)
20A03-1107-CR-330
Criminal. Affirms conviction of and sentence for Class A felony dealing in cocaine and convictions for Class C felony operating a vehicle with a lifetime suspension and Class A misdemeanor resisting law enforcement.
Jesse Baker v. State of Indiana (NFP)
49A02-1104-CR-386
Criminal. Affirms trial court’s denial of motion to correct erroneous sentence.
Daniel Foster v. State of Indiana (NFP)
53A01-1105-CR-222
Criminal. Affirms trial court’s denial of motion to correct error.
Kurt Gregory v. Carol Gregory (NFP)
02A04-1105-DR-256
Domestic relation. Affirms trial court’s denial of Kurt Gregory’s contempt petition and its decision to deny credit of $90 against the amount owed for children’s schooling. Reverses court’s decision to not credit a $150 registration fee and remands to the court to reduce tuition by that amount.
Indiana Tax Court and Indiana Supreme Court had issued no opinions by IL deadline.
Opinins Jan. 9, 2012
Indiana Court of Appeals
Javon L. Bonner v. State of Indiana (NFP)
20A03-1107-CR-330
Criminal. Affirms conviction of and sentence for Class A felony dealing in cocaine and convictions for Class C felony operating a vehicle with a lifetime suspension and Class A misdemeanor resisting law enforcement.
Federalist Society to host talk on judicial selection
The Federalist Society for Law and Public Policy Studies, Indianapolis Lawyers Division Chapter, will host a talk on judicial selection Tuesday.
Opinions Jan. 6, 2012 ILD
7th Circuit Court of Appeals had issued no Indiana opinions by IL deadline.
Indiana Court of Appeals
B.B. v. Indiana Department of Child Services (NFP)
20A03-1104-JT-148
Juvenile. Affirms termination of mother’s parental rights.
Indiana Supreme Court and Indiana Tax Court had issued no opinions by IL deadline.
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.
Services Sunday for longtime litigator Edgar Bayliff
Attorney Edgar Bayliff, former president of the Indiana Trial Lawyers Association, died Jan. 4. He was 84.
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.
Bills would make changes to pro bono funding, court costs, early voting
Indiana’s 2012 legislative session promises to be a busy one, with hundreds of bills already filed and a short session deadline of March 14. Read about some of the bills Indiana Lawyer is watching.
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.
Opinions Jan. 5, 2012
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.
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.