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Opinions Sept. 22, 2011 ILD

7th Circuit had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Heather Zion v. State of Indiana (NFP)
48A02-1103-CR-176
Criminal. Affirms sentence following guilty plea to Class C felony robbery, Class C felony forgery, and Class D felony fraud.

In the Matter of Term. of the Parent-Child Rel. of M.G., M.G., E.G.; M.G. v. The Indiana Dept. for Child Svcs. (NFP)
49A05-1101-JT-23
Juvenile. Affirms termination of parental rights.

D.M. v. State of Indiana (NFP)
49A02-1102-JV-216
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class B felony robbery and Class A misdemeanor dangerous possession of a firearm if committed by an adult.

Donald R. Bloss v. State of Indiana (NFP)
20A03-1102-MI-60
Miscellaneous. Affirms determination that Bloss is a habitual traffic violator.

Quanardel Wells v. State of Indiana (NFP)
49A05-1012-CR-731
Criminal. Affirms denial of motion to sever the offenses for separate trials with respect to each victim.

Carol Curran v. Rhonda Curran-Wert (NFP)
30A04-1101-GU-19
Guardianship. Affirms order terminating Carol Curran’s guardianship of Rhonda Curran-Wert.

Indiana Tax Court had posted no opinions at IL deadline.

Opinions Sept. 22, 2011

Indiana Court of Appeals
An-Hung Yao and Yu-Ting Lin v. State of Indiana
35A02-1006-CR-678
Criminal. Affirms order dismissing the Class D felony counterfeiting charges against Yao and Lin and reverses the denial of their motion to dismiss counts of Class D felony theft and Class C felony corrupt business influence. The trial court lacked territorial jurisdiction because there is no evidence any conduct that is an element of the alleged offenses occurred in Indiana. Remands for the trial court to dismiss the remaining charges.

Elements of crimes did not occur in Indiana

The Indiana Court of Appeals ordered that charges be dropped against a pair living in Houston who faced counterfeiting and theft charges, finding the trial court lacked territorial jurisdiction.

Law school seeks judges for moot court competition

Indiana University Maurer School of Law is looking for people to serve as judges for the fall Sherman Minton Moot Court Competition. The first round of competition begins Oct. 3 and with the final round ending Oct. 29.

2012 jury pool master list approved

The Indiana Supreme Court has approved the 2012 master list for jury pool assembly, ordering courts to use that list instead of directly contacting the Indiana Bureau of Motor Vehicles for data.

Judges affirm division of property

Although a commissioners’ report that divided land among two owners was technically inadequate, the Indiana Court of Appeals upheld the division because one of the owners didn’t show he was prejudiced.

Opinions Sept. 21, 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
In the Matter of the Term. of Parent-Child Rel. of T.P.: C.P. v. Indiana Dept. of Child Svcs. (NFP)
71A03-1103-JT-178
Juvenile. Affirms termination of parental rights.

James Gerald v. State of Indiana (NFP)
20A03-1101-CR-49
Criminal. Affirms conviction of Class B felony burglary and adjudication as a habitual offender.

Term. of Parent-Child Rel. of J.E.: C.E., v. Indiana Department of Child Svcs. and Child Advocates, Inc. (NFP)
49A04-1101-JT-20
Juvenile. Affirms termination of parental rights.

Barbara Noonan, Robert Noonan, and Earnest Cross v. SLF, LLC (NFP)
49A02-1104-CC-345
Civil collection. Affirms summary judgment in favor of landlord SLF and remands for determination of reasonable appellate attorney fees to be awarded to SLF.

James Bellamy v. State of Indiana (NFP)
49A02-1102-CR-68
Criminal. Affirms conviction of Class A misdemeanor battery.

Indiana Tax Court had posted no opinions at IL deadline.
 

Justices announce appointments

The Indiana Supreme Court has made appointments and reappointments to the Indiana Commission for Continuing Legal Education and the Indiana Judges and Lawyers Assistance Program Committee.

Committees seek comments on proposed amendments

The Judicial Conference of the United States advisory committees on the appellate, bankruptcy, civil, criminal, and evidence rules are seeking comment on proposed amendments to these rules.

Opinions Sept. 21, 2011 ILD

7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court
Rod L. Avery and Marshall K. Avery v. Trina R. Avery
49S05-1102-PL-76
Civil plenary. Affirms default judgment entered against Rod and Marshall Avery. The Indiana Trial Rules apply to will contest actions, and the failure to file an answer or responsive pleading in accordance with Trial Rule 7 may result in a default judgment.

Indiana Court of Appeals
State of Indiana v. Jonathon McDonald
32A05-1102-CR-56
Criminal. Reverses dismissal of charges against McDonald. The trial court erred by dismissing the charges based on the successive prosecution statute. Remands for further proceedings.

David L. McDaniel v. State of Indiana (NFP)
45A03-1102-CR-72
Criminal. Affirms sentence for Class C felony criminal recklessness.

Darnell Kelly, Jr. v. State of Indiana (NFP)
71A04-1101-CR-67
Criminal. Affirms conviction of Class C felony burglary and finding that Kelly is a habitual offender.

Richard West v. Elizabeth West (now Smith) (NFP)
22A01-1102-DR-45
Domestic relation. Affirms denial of Richard West’s petition to modify child custody and the award of $5,000 in attorney fees to Elizabeth West.

Daniel Zunica v. Zuncor, Inc., Steven A. Coppolillo, Jared Tomich, et al. (NFP)
45A04-1009-PL-700
Civil plenary. Affirms denial of motion to correct error brought by Zunica, which challenged a jury verdict finding him liable for breach of fiduciary duty in an action brought by Zuncor Inc. and shareholders.

Jon Dalton Gates v. State of Indiana (NFP)
12A02-1102-CR-160
Criminal. Affirms convictions of and sentence for Class D felony maintaining a common nuisance.

Indiana Tax Court had posted no opinions at IL deadline.

Opinions Sept. 20, 2011

Indiana Supreme Court
Rod L. Avery and Marshall K. Avery v. Trina R. Avery
49S05-1102-PL-76
Civil plenary. Affirms default judgment entered against Rod and Marshall Avery. The Indiana Trial Rules apply to will contest actions, and the failure to file an answer or responsive pleading in accordance with Trial Rule 7 may result in a default judgment.

Supreme Court upholds Barnes ruling

Emphasizing that it’s not trampling on the Fourth Amendment, the Indiana Supreme Court has revisited a ruling it made four months ago and upheld its holding that residents don’t have a common law right to resist police entering a person’s home.

ISC

Man’s conviction hinges on ‘induce’ definition

The Indiana Court of Appeals had to determine how to interpret the term “induce” related to a man’s contributing to the delinquency of a minor case and upheld his conviction based on the term’s dictionary definition.

Supreme Court accepts 2 cases

The justices of the Indiana Supreme Court have granted transfer to a case involving a Batson challenge and another involving early retirement benefits.

Justices stand firm on Barnes decision

The Indiana Supreme Court has revisited a ruling it made four months ago in Richard Barnes v. State, affirming its initial holding that residents do not have a common law right to resist police in any situation.

ISC

Judges uphold involuntary commitment

When a defendant has been previously committed to a state institution because he was found incompetent to stand trial, that state institution may be considered a community mental health center for purposes of a report required under Indiana Code 12-26-7-3(b), the Indiana Court of Appeals held Monday.

COA finds 2007 version of statute is an ex post facto law

The Indiana Court of Appeals has reversed in part a man’s petition for post-conviction relief challenging the finding that he is ineligible to petition for a change of status regarding being a sexually violent predator. The 2007 version of the applicable statute is an unconstitutional ex post facto law as applied to him.