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An Indiana prisoner’s request for a certificate of appealability has been granted by a 7th Circuit judge who found the man’s application set forth a substantial showing of the denial of a constitutional right.
The American Civil Liberties Union of Indiana’s First Wednesday discussion on Aug. 3 is “POLICE: Use of Force – Crossing the Threshold.”
The Allen County Bar Association is accepting nominations for the 2011 Niemann Citation for Excellence and Professionalism, an award established in 2004 to honor the memory of attorney Scott T. Niemann.
Every Indiana attorney’s annual registration fees are going up $15 this year, just as everyone must begin using a new online portal to register and pay their fees by Oct. 1.
In reviewing a case in which an attorney appointed guardian of an adult male unilaterally decided to tear down his home without providing notice to the man, the Indiana Court of Appeals found the attorney violated the man’s due process rights and damages were necessary.
The Indiana Court of Appeals reversed the modification of a mother’s parenting time to end any visitation with her autistic son because the father didn’t present evidence justifying terminating the parenting time.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Don Harley v. State of Indiana
20A03-1012-PC-630
Post conviction. Reverses denial of petition for post-conviction relief and remands for a new trial. Harley’s trial attorney was ineffective when she failed to inform the trial court that Harley’s only income consisted of Supplemental Security Income.
U.S. Bank National Association v. Ethyl R. Seeley, et al.
21A04-1102-MF-84
Mortgage foreclosure. Affirms entry of summary judgment in favor of Clarence and Pamela Davidson in the bank’s suit to foreclose on certain real property owned by them. The designated evidence establishes that the parties understood the Oct. 8, 1999, payment to be a final payment on the agreement, terminating it, which obligated Firstar to release the mortgage.
Derric Price v. Lake County Board of Elections and Registration
45A03-1103-PL-128
Civil plenary. Affirms ruling by the election board that Price was ineligible to appear on the 2011 primary ballot as a Democratic candidate for the mayor of Gary because he did not meet the one-year residency requirement. There is sufficient evidence to support that ruling.
Kenneth Kelly v. State of Indiana
30A04-1006-PC-408
Post conviction. Reverses denial of petition for post-conviction relief. The trial court erred in summarily denying Kelly’s petition as allegations by Kelly alleging ineffective trial counsel raise issues of possible merit. Remands for further proceedings.
A.T. v. State of Indiana
49A02-1012-JV-1394
Juvenile. Affirms ordering wardship of A.T. to the department of correction for murder pursuant to both indeterminate and determinate sentences. The juvenile court did not err in awarding wardship of him to the DOC under a determinate sentence pursuant to Indiana Code 31-37-19-9.
William T. Springer v. State of Indiana
92A05-1101-PC-16
Post conviction. Reverses denial of petition for post-conviction relief. Springer demonstrated at least a reasonable probability that a hypothetical reasonable defendant would have elected to go to trial if properly advised instead of plead guilty.
Term. of Parent-Child Rel. of K.S., et al.; A.S. v. I.D.C.S. (NFP)
48A04-1011-JT-731
Juvenile. Affirms termination of parental rights.
Term. of Parent-Child Rel. of H.W. & S.W.; A.W. v. I.D.C.S. (NFP)
17A04-1102-JT-57
Juvenile. Affirms termination of parental rights.
Kristina L. Phillips v. State of Indiana (NFP)
82A01-1102-CR-37
Criminal. Affirms sentence for Class D felony neglect of a dependent.
Rachel Mosco v. Ind. Family and Social Services (NFP)
43A05-1102-MI-69
Miscellaneous. Reverses dismissal of petition for judicial review.
Term. of Parent-Child Rel. of S.M.; M.M. v. I.D.C.S. (NFP)
20A03-1101-JT-3
Juvenile. Affirms termination of parental rights.
Richard Spradlin v. State of Indiana (NFP)
49A04-1012-CR-764
Criminal. Affirms conviction of Class A misdemeanor battery.
Oswaldo Quizaman v. State of Indiana (NFP)
20A05-1010-CR-712
Criminal. Affirms sentence of 40 years on each on the two counts of Class A felony dealing cocaine and one count of Class A felony dealing in methamphetamine, but reverses and remands to revise his sentences to run concurrently.
Earnest Jackson v. State of Indiana (NFP)
71A03-1012-CR-671
Criminal. Affirms conviction of Class B felony unlawful possession of a firearm by a serious violent felon.
Term. of Parent-Child Rel. of B.B.; L.B. and D.W. v. I.D.C.S. (NFP)
79A02-1012-JT-1372
Juvenile. Affirms termination of parental rights.
Term. of Parent-Child Rel. of R.P.; R.P. and M.P. v. I.D.C.S. (NFP)
20A03-1101-JT-15
Juvenile. Affirms termination of parental rights.
Billy Lee McKeehan v. State of Indiana (NFP)
84A01-1012-CR-666
Criminal. Affirms conviction of and sentence for Class B felony dealing in methamphetamine.
Stephen J. Taylor v. State of Indiana (NFP)
06A04-1009-PC-557
Post conviction. Affirms denial of petition for post-conviction relief.
David Brown v. Brandi Brown Wittmer (NFP)
64A04-1012-DR-749
Domestic relation. Affirms in part and reverses in part the final order in the dissolution of the Browns’ marriage. Remands for further proceedings.
Matthew D. Rozinski v. State of Indiana (NFP)
71A05-1010-CR-640
Criminal. Affirms convictions of Class A felony attempted murder, three counts of Class B felony criminal confinement, and Class D felonies domestic battery, strangulation, criminal recklessness, and three counts of pointing a handgun.
Richard Sullivan v. State of Indiana (NFP)
49A02-1011-CR-1195
Criminal. Affirms conviction of Class A felony child molesting.
Boyer Corp. Excavating v. Sheila Forbes (NFP)
18A02-1009-CT-1078
Civil tort. Affirms summary judgment in favor of Forbes in a suit seeking to recover an invoice for the use of the Boyer Corp.’s equipment by a laid-off employee.
Jesse J. Harris, Jr. v. State of Indiana (NFP)
34A02-1009-CR-1068
Criminal. Affirms convictions of and sentence for felony murder and two counts of Class A felony attempted murder.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Don Harley v. State of Indiana
20A03-1012-PC-630
Post conviction. Reverses denial of petition for post-conviction relief and remands for a new trial. Harley’s trial attorney was ineffective when she failed to inform the trial court that Harley’s only income consisted of Supplemental Security Income.
A Marion Superior judge has sentenced an Indianapolis woman who offered illegal immigration services without a law license and evaded paying her income taxes through that business.
Following an order from the Indiana Supreme Court that the lower appellate court more fully address the Proportionality Clause of the Indiana Constitution, the Indiana Court of Appeals has again upheld a man’s felony theft conviction.
The U.S. Department of Justice announced Thursday that it’s closed its investigation into whether federal criminal civil rights charges should be filed against the Indianapolis Metropolitan Police Department officers involved in the arrest of Indianapolis teenager Brandon Johnson. Johnson claimed officers used excessive force while trying to arrest him.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Jason Keigley v. State of Indiana (NFP)
49A04-1012-CR-743
Criminal. Affirms convictions of and sentence for Class C felony identity deception and five counts of Class D felony fraud in loan brokering.
Michael Yates v. State of Indiana (NFP)
34A05-1009-CR-582
Criminal. Affirms convictions of felony aiding, inducing, or causing murder and two counts of aiding, inducing, or causing attempted murder as Class A felonies.
Christina Smith v. Trilogy Health Services (NFP)
67A05-1006-PL-644
Civil plenary. Reverses order Smith pay $1,000 in attorney fees to Trilogy Health Services as a sanction for a discovery dispute. Remands for further proceedings.
Metals & Additives Corp., Inc., et al. v. Dagoberto Hornedo, et al. (NFP)
49A02-1011-PL-1213
Civil plenary. Affirms denial of Metals & Additives Corp.’s request for injunctive relief seeking to prevent Hornedo and St. Louis Group from using MAC trade secrets and alleging Hornedo breached his fiduciary duties.
Kimberly A. Kelley v. State of Indiana (NFP)
45A04-1010-CR-638
Criminal. Affirms conviction of Class A felony neglect of a dependent, revises the sentence to the advisory sentence, and remands with instructions to vacate the Class A felony battery conviction and sentence.
Betty Nolot v. Richard A. Nolot, et al. (NFP)
22A01-1012-PL-643
Civil plenary. Affirms denial of summary judgment for Richard Nolot as to the invasion of privacy claim and the grant of summary judgment for Richard on the trespass claim. Reverses grant of summary judgment for Richard on the conversion, unjust enrichment, and replevin claims. Remands for further proceedings.
Johnnie Gustafson v. State of Indiana (NFP)
05A04-1010-CR-647
Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Jason Keigley v. State of Indiana (NFP)
49A04-1012-CR-743
Criminal. Affirms convictions of and sentence for Class C felony identity deception and five counts of Class D felony fraud in loan brokering.
Indiana Lawyer is sponsoring Practicing Law in Indiana: Trademarks CLE event on August 12 in Indianapolis. Speaker David Wong of Barnes & Thornburg will present “Cloudy with a chance of infringement: Protecting your brand in the virtual world.” He will speak about strategies for cracking down on online infringement, phishing, and scams; imminent release of personalized domain names (.branding, .computers, .yourcompanyname); defending your brand in social media and with software application names; and online marketing and advertising — keywords, terms of service, and the FTC.
Registration and lunch begin at 11:15 a.m.; the program is from noon to 2:15 p.m. at Barnes & Thornburg, 5th Floor Conference Center, 11 S. Meridian St., Indianapolis. The cost is $65 or $55 for government employees, which includes a lunch. Two hours of CLE credit is available. Visit Indiana Lawyer 's events page to register online or to download a printable registration form. For questions or more information, contact Karen Aruta at 317-472-5201 or [email protected]. Registrations are due by Aug. 5.
A Kokomo attorney is not entitled to collect his contingency fees from a hospital in his representation of a patient caught in an insurance dispute, the Indiana Court of Appeals has held.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
James W. Miller v. State of Indiana
64A03-1008-CR-543
Criminal. Affirms convictions of two counts of Class A misdemeanor neglect of a vertebrate animal. The evidence is sufficient to show that Miller recklessly endangered the horses’ health by failing to provide them adequate food so as to neglect them. The trial court’s failure to appoint the state veterinarian doesn’t require the reversal of Miller’s convictions.
Christopher Brightman v. State of Indiana (NFP)
22A01-1011-CR-603
Criminal. Affirms convictions of Class D felonies receiving stolen property and theft.
Rudolfo G. Rodriguez, Jr. v. Lakeview Title, LLC (NFP)
76A03-1101-PL-36
Civil plenary. Affirms summary judgment for Lakeview Title and denial of Rodriguez’s motion for summary judgment in his suit for negligence and unjust enrichment.
Derek A. Bishop v. State of Indiana (NFP)
06A01-1012-CR-683
Criminal. Affirms convictions of two counts of Class D felony battery.
J.H. v. B.H. (NFP)
02A04-1010-DR-729
Domestic relation. Affirms order modifying custody in response to father J.H.’s relocation to Ohio.
Matthew William Huttle v. State of Indiana (NFP)
45A03-1012-CR-634
Criminal. Affirms sentence for Class D felony battery.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
James W. Miller v. State of Indiana
64A03-1008-CR-543
Criminal. Affirms convictions of two counts of Class A misdemeanor neglect of a vertebrate animal. The evidence is sufficient to show that Miller recklessly endangered the horses’ health by failing to provide them adequate food so as to neglect them. The trial court’s failure to appoint the state veterinarian doesn’t require the reversal of Miller’s convictions.
The Indiana Court of Appeals reversed summary judgment in favor of a doctor in a medical malpractice action, finding there are questions around whether the plaintiff timely filed the proposed complaint.
In a dispute among divided siblings on where their deceased parents should be buried, the Indiana Court of Appeals asked the family to end the litigation and let the parents “rest in peace.”
The Indiana Court of Appeals was divided in a case involving a man who was convicted of driving a motor vehicle while his privileges were suspended, with one judge agreeing with the state that the defendant’s scooter qualified as a motor vehicle under statute.