Bomb threat causes evacuation of courthouse
A bomb threat called into the clerk’s office in Hancock County Wednesday morning prompted an evacuation of the building for several hours.
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Opinions Sept. 14, 2011 ILD
7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
David Pannell v. Steve Carter, et al. (NFP)
49A02-1003-PL-472
Civil plenary. Affirms trial court’s denial of motion to amend complaint.
Term. of Parent-Child Rel. of A.R.; S.S. v. IDCS (NFP)
48A02-1102-JT-99
Juvenile. Affirms termination of father’s parental rights.
Robert Johnson v. State of Indiana (NFP)
71A04-1101-CR-18
Criminal. Affirms conviction of and sentence for Class C felony battery.
Thomas A. Carpenter v. State of Indiana (NFP)
33A01-1103-CR-88
Criminal. Affirms trial court’s denial of Carpenter’s petition to have his felony conviction converted to a misdemeanor. Chief Judge Robb dissents.
Valdis J. Minkis v. Sherry J. Minkis (NFP)
32A01-1005-DR-272
Domestic relation. Affirms division of marital property.
Janice White v. State of Indiana (NFP)
49A05-1102-CR-88
Criminal. Affirms conviction of Class A misdemeanor criminal mischief.
Indiana State Police v. Tyjuan Mayes (NFP)
49A02-1104-MI-304
Miscellaneous. Reverses trial court’s grant of Mayes’ motion to reconsider dismissal, holding Mayes failed to file an original or certified copy of the agency record as required by Indiana Code 4-21.5-5-13(a).
Christopher R. Perry v. State of Indiana (NFP)
18A02-1104-CR-364
Criminal. Affirms revocation of probation.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 14, 2011
Indiana Court of Appeals
Kenneth Dwayne Vaughn v. State of Indiana
45A05-1102-CR-57
Criminal. Reverses trial court’s denial of motion for mistrial, holding that restraining the defendant in the presence of the jury could have influenced the jury’s verdict.
Special masters named in judge’s disciplinary case
The Indiana Supreme Court has appointed three trial judges as special masters to preside over the disciplinary case of one of their city court colleagues from Lake County, who is accused of operating an illegal traffic school, dismissing cases without assessing required fees, and dissuading one litigant from contesting a seatbelt violation in court.
Former Jackson Circuit Judge Robert R. Brown dies
Robert R. Brown, retired Jackson Circuit judge, died Sept. 12 at his Brownstown home. He was 78.
COA orders new trial for overly talkative defendant
In a divided opinion, the Indiana Court of Appeals has reversed a trial court’s denial of motion for mistrial, holding that the court went too far in physically preventing a defendant from speaking.
Civic index numbers show Indiana trails most states in voter turnout
The inaugural Indiana Civic Health Index shows that while the state is on-par with national standards in volunteerism, its voter turnout and registration are among the lowest in the country.
Court reverses decision denying trial counsel appointment
The Indiana Court of Appeals has determined a Jay Superior judge didn’t look at a defendant’s “total financial picture” when assessing his need for a court-appointed attorney. It has ordered a new indigency evaluation and trial for the misdemeanor battery charge.
Justices split on appellate review of prisoner litigant’s claim
One of Indiana's most well-known pro se prisoner litigants convinced two of the state justices that his latest appeal should get their attention, but the other three denied transfer relating to how the Indiana Court of Appeals dismissed the case.
Court sends reminder on permanent withdrawal rules
Note to Indiana attorneys: don’t permanently relinquish your law license in this state unless you’re absolutely sure you won’t ever want to return. If you do, don’t be surprised if you have to take the bar exam again.
Opinions Sept. 13, 2011 ILD
7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.
The Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Yasin Hory v. State of Indiana
01A04-1011-IF-717
Infraction. Affirms conviction of Class C infraction illegal parking, holding that Hory failed to establish an express or implied pre-emption of local traffic safety laws by federal motor safety regulations.
Gary R. Shepherd v. Linda S. (Shepherd) Tackett
72A01-1012-DR-692
Domestic relations. Affirms trial court’s post-dissolution order modifying the parties’ property division as stated in the Decree of Dissolution, holding that the order clarified the property division, but did not make substantial changes to the decree.
Charles David Kelly v. National Attorneys Title Assurance Fund
69A04-1104-CT-215
Civil tort. Affirms trial court’s grant of summary judgment in favor of National Attorneys Title Assurance Fund, holding undisputed facts support the trial court’s judgment.
Joseph N. Meade v. Kathleen F. Meade (NFP)
64A03-1101-DR-56
Domestic relation. Reverses trial court’s modification of child support, holding the court abused its discretion in failing to pro rate Kathleen Meade’s severance pay when it reduced her obligation to $100 per week. Remands to the trial court for proceedings consistent with opinion.
Janice A. Devlin and Kenneth F. Devlin v. AC Roofing, Inc. and Arnold W. Cook (NFP)
34A02-1012-MI-1375
Miscellaneous. Reverses trial court’s denial of the Devlins’ motion to dismiss pursuant to Trial Rule 12(B)(8). Remands for further proceedings.
Robert A. Predaina v. State of Indiana (NFP)
45A03-1006-CR-348
Criminal. Affirms conviction of Class A misdemeanor criminal mischief.
Shannon Saddler v. State of Indiana (NFP)
49A02-1102-CR-120
Criminal. Reverses sentence for Class A misdemeanor criminal mischief, holding the trial court abused its discretion in requiring Saddler to pay restitution before sentencing her.
Jerry Craig v. State of Indiana (NFP)
49A02-1012-CR-1421
Criminal. Affirms trial court’s denial of Craig’s motion to correct erroneous sentence.
Ross Pushor v. State of Indiana (NFP)
03A05-1011-CR-706
Criminal. Affirms trial court’s order revoking probation.
Indiana State Board of Dentistry v. Julia Francis (NFP)
55A01-1101-PL-28
Civil plenary. Vacates trial court’s denial of Indiana State Board of Dentistry’s motion to dismiss, holding the court did not have the jurisdiction to hear Francis’ appeal. Accordingly, the appeals court did not address subsequent issues outlined in the appeal.
James E. Sims v. State of Indiana (NFP)
02A04-1101-CR-94
Criminal. Affirms aggregate sentence for Class D felony attempted theft and Class A misdemeanor criminal mischief.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 13, 2011
Indiana Court of Appeals
Yasin Hory v. State of Indiana
01A04-1011-IF-717
Infraction. Affirms conviction of Class C infraction illegal parking, holding that Hory failed to establish an express or implied pre-emption of local traffic safety laws by federal motor safety regulations.
COA: surety agency’s lack of timely action justifies fines
The Indiana Court of Appeals has affirmed a trial court’s determination that a surety agency failed to comply with Indiana Code and is therefore liable for a deceased man’s bond.
Hebenstreit: Collaborating to Provide Services for All
Service has always been important, but in today’s frenetic world, receiving good and prompt service is critical.
IBA: Abrams announced as 2014 IndyBar President
The Indianapolis Bar Association’s Nominating Committee has announced the selection of Jeffrey Abrams of Benesch Friedlander Copland & Aronoff as the 2014 President of the Association. Currently serving as IndyBar’s Treasurer, Abrams will serve as the Association’s 1st Vice President on the 2012 Board of Directors.
Bar Crawl – 9/14/11
Evansville Bar Association is having a CLE about “A Life in the Law.” The Indiana State Bar Association is accepting applications for its first Leadership Development Academy.