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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.

Opinions Jan. 3, 2012 ILD

Indiana Court of Appeals
Deborah L. Dysert v. Review Board of the Indiana Dept. of Workforce Development and the Indiana Supreme Court (NFP)
93A02-1105-EX-392
Civil. Affirms determination of Review Board of the Indiana Department of Workforce Development that Dubois County Chief Deputy Prosecutor Deborah Dysert’s employer discharged her for just cause.

Robert O. Broyles v. State of Indiana (NFP)
48A02-1103-CR-338
Criminal. Affirms trial court’s aggregate eight-year sentence for a man convicted of voyeurism, child solicitation and sexual misconduct with a minor.

Daniel Minnick v. State of Indiana (NFP)
92A03-1106-CR-228
Criminal. Affirms two misdemeanor drunk driving convictions and a speeding infraction on grounds that sufficient evidence existed and the trial court didn’t violate a defendant’s federal and state rights to confrontation when admitting a breath test instrument into evidence without live testimony from the technician who inspected the device.

Thomas Curry v. State of Indiana (NFP)
49A02-1106-CR-551
Criminal. Affirms a Class C felony burglary conviction on grounds that sufficient evidence existed to support the conviction.

Edward Chandler v. State of Indiana (NFP)
49A05-1107-PC-396
Post conviction. Affirms the denial of a successive petition for post-conviction relief on grounds that the evidence would lead to an opposite conclusion than that reached by the court.

The Indiana Supreme and Indiana Tax Court had issued no opinions by IL deadline.
 

Opinions Jan. 3, 2012

7th Circuit Court of Appeals
United States v. Jason Smith
Northern District of Indiana, South Bend Division. U.S. Judge Robert Miller, Jr.
11-2016
Criminal. Affirms District Court’s denial of motion to suppress evidence and motion for acquittal for a man convicted of being a felon in possession of a firearm, possessing crack cocaine with intent to deliver and possessing a firearm in furtherance of a drug transaction. The court rejected arguments that Jason Smith didn’t commit a traffic infraction and that the government constructively amended his indictment about when the traffic stop occurred.

Hebenstreit: Thanks

Three hundred sixty five days sounds like a long time, but 2011 has flown by very quickly. This is my last column in Indiana Lawyer.

IBA: When Kids Become Adults

Charging juveniles as adults is a topic that has garnered media attention lately with a rash of gun-related deaths among teens. It’s also an area where we need to balance sympathy for the victims and for the minor offenders.

IBA: Attorneys Beware – Conflicts of Interest and Attempts to Make a Buck

Attorneys looking to profit from their experiences at trial take note: the principles behind the so-called “Son of Sam” laws, which prohibit criminal defendants from profiting from the publicity of their crimes, may apply to you too, at least during the pendency of a criminal case.

On the Move -1/6/12

See who’s joined Indiana firms, what awards attorneys have received and who has been promoted.

A decade of court data is revealed

Figures in the latest Judicial Service Report show near record-level filings continue and that the state needs more judges.

Super scheduling

Law firms and courts in Indianapolis work to ensure smooth operations during Super Bowl week.

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.