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End of an IPAC era

Longtime prosecutors’ council leader retiring August 1.

JLAP offers depression support for lawyers

Dedication to clients, competitiveness, and a strong work ethic are qualities that many successful lawyers share. Those same traits may put attorneys at greater risk for major depression if they end up demanding more from themselves than they’re able to give.

SCOTUS rules on Wal-Mart class-certification case

With a ruling from the nation’s highest court, an Indianapolis federal judge and the 7th Circuit Court of Appeals learned they were correct in how they decided a sex-bias suit involving Rolls Royce.

COA to travel to Terre Haute to hear arguments

The Indiana Court of Appeals will hear arguments in Cynthia Welch v. Shawn Young, et al., at 2:30 p.m. June 23 at Indiana State University’s Tirey Hall, Tilson Auditorium. Judges John G. Baker, Edward W. Najam, Jr., and Melissa S. May will hear the case before a group of teenagers participating in Hoosier Girls State.

Opinions June 20, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Nelson E. Rios v. State of Indiana (NFP)
49A05-1010-CR-612
Criminal. Affirms sentence for two counts of Class C felony dealing in a look-alike substance.

Spencer McCombs v. State of Indiana (NFP)
38A04-1008-CR-551
Criminal. Affirms sentence following a guilty plea to Class A felony dealing in cocaine.

James Wingard v. State of Indiana (NFP)
09A02-1008-CR-890
Criminal. Affirms sentence following a guilty plea to Class A felony child molesting. On a cross-appeal from the state, the court held that the trial court did not err in granting James Wingard permission to file a belated notice of appeal.

A.N. v. J.N. (NFP)
49A02-1008-DR-851
Domestic relation. Reverses trial court’s order that children must earn telephone calls with mother during father’s parenting time and that children must cease counseling. Affirms the trial court in all other respects. Judge Barnes concurs in part and dissents in part.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court accepted one case on transfer for the week ending June 17, 2011, and denied 15 cases.

Cook Group board chair to speak at bar foundation dinner

The Fellows of the Indiana Bar Foundation will host their annual meeting and dinner July 15 in French Lick. New Fellows will be inducted, the Legendary Lawyer honoree will be announced, and Stephen L. Ferguson will address the audience.

Stephen Ferguson to speak at bar foundation dinner

The Fellows of the Indiana Bar Foundation will host their annual meeting and dinner July 15 in French Lick. New Fellows will be inducted, the Legendary Lawyer honoree will be announced, and Stephen L. Ferguson will address the audience.

Court hears appeal over state’s objections

A man who appealed his burglary conviction over the state’s objection did not fully understand the terms of his plea agreement, the Indiana Court of Appeals held Friday.

Opinions June 17, 2011 ILD

Indiana Supreme Court has posted no opinions as of IL deadline.

Indiana Court of Appeals
Shaun M. Berry v. State of Indiana
57A03-1011-CR-579
Criminal. Reverses trial court’s imposition of public defender fee and remands for a determination of Shaun Berry’s ability to pay for his legal services and for clarification of $364 in court costs. Holds the court failed to identify statutory authorization for imposing court costs and failed to make statutorily required finding that Berry had the ability to pay public defender fee.

Involuntary Commitment of T.A.
49A02-1011-MH-1243
Mental health. Affirms involuntary commitment of T.A., holding sufficient evidence exists to support a doctor’s conclusion that T.A. is gravely disabled by mental illness and does not have a realistic plan for self care.

Michael W. Baker v. State of Indiana (NFP)
89A01-1010-CR-536
Criminal. Reverses Class B felony burglary conviction and determination that Michael Baker was an habitual offender. Remands for entry of judgment of conviction for criminal trespass and sentence on that offense.

Jason R. Chilafoe v. State of Indiana (NFP)
57A05-1011-CR-711
Criminal. Affirms trial court’s assessment of public defender fees and other court costs and fees.

Cary R. Wollenweber v. Hawkins Enterprises, Inc., et al. (NFP)
32A01-1007-PL-318
Civil plenary. Affirms trial court’s ruling granting summary judgment in favor of Hawkins Enterprises, Inc. doing business as The Mattress Superstore in Wollenweber’s suit alleging violations of the Wage Payment Statute, Wage Claims Statute, and Fair Labor Standards Act.

Damian A. Rosales v. State of Indiana (NFP)
20A05-1010-CR-620
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class D felony possession of more than 30 grams of marijuana, along with aggregate sentence that includes another felony and one misdemeanor charge.

Paul Patterson v. State of Indiana (NFP)
09A02-1009-CR-1041
Criminal. Affirms sentence for Class B felony dealing in cocaine.

Brien E. Franklin v. State of Indiana (NFP)
71A05-1010-CR-732
Criminal. Affirms revocation of probation.

Virgil E. Griffin v. State of Indiana (NFP)
46A03-1003-PC-106
Post-conviction relief. Affirms denial of petition for post-conviction relief.

Travis W. Britt v. State of Indiana (NFP)
49A02-1011-CR-1258
Criminal. Affirms trial court’s revocation of community corrections placement and order that Travis Britt return to the Department of Correction.

Victor Adamson-Scott v. State of Indiana (NFP)
49A05-1010-CR-604
Criminal. Affirms felony murder conviction.

Kasi Ballew v. State of Indiana (NFP)
22A04-1008-CR-555
Criminal. Affirms sentence for Class B felony dealing in a schedule II controlled substance.

Richard E. Dell v. State of Indiana (NFP)
80A04-1009-CR-582
Criminal. Affirms conviction of Class D felony sexual battery.

Indiana Tax Court had posted no opinions as of IL deadline.
 

Opinions June 17, 2011

Indiana Court of Appeals
Shaun M. Berry v. State of Indiana
57A03-1011-CR-579
Criminal. Reverses trial court’s imposition of public defender fee and remands for a determination of Shaun Berry’s ability to pay for his legal services and for clarification of $364 in court costs. Holds the court failed to identify statutory authorization for imposing court costs and failed to make statutorily required finding that Berry had the ability to pay public defender fee.

COA vacates conviction on double jeopardy grounds

The Indiana Court of Appeals has ruled that a man who helped participate in a robbery that left the victim blind must be cleared of a criminal confinement conviction because the same evidence may have been used to convict him on another charge.

Opinions June 16, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
T.R. v. Review Board
93A02-1005-EX-640
Agency action. Affirms Indiana Department of Workforce Development Review Board decision affirming the findings by the administrative law judge that T.R. left her employment without good cause. T.R. was afforded due process and the ALJ’s findings are supported by the evidence.

Luciano Torres v. State of Indiana (NFP)
44A03-1011-CR-615
Criminal. Affirms sentence for Class B felony dealing in cocaine.

Ralph L. Smith v. State of Indiana (NFP)
45A03-1011-CR-557
Criminal. Affirms sentence for Class B felony robbery.

Eric Bell v. State of Indiana (NFP)
47A04-1008-CR-489
Criminal. Affirms denial of motion to suppress evidence obtained upon the execution of a search warrant.

Brandon Livers v. State of Indiana (NFP)
22A01-1011-CR-580
Criminal. Affirms revocation of probation and imposition of the balance of Livers’ suspended sentence.

Michael E. Cooper v. State of Indiana (NFP)
12A05-1010-CR-653
Criminal. Reverses sentence for four counts of Class D felony fraud and one count of Class D felony theft. Remands with instructions.

Kathleen M. Brockman v. State of Indiana (NFP)
40A01-1011-CR-645
Criminal. Affirms conviction of false informing as a Class B misdemeanor.

Douglas Boston v. State of Indiana (NFP)
03A05-1010-CR-626
Criminal. Affirms convictions of and sentence for Class B felony dealing in methamphetamine and Class D felony possession of chemical reagents or precursors with intent to manufacture.

Indiana Tax Court had posted no opinions at IL deadline.
 

Ex-prosecutor gets 4-month suspension

Former Delaware County Prosecutor Mark McKinney has been suspended for 120 days, the Indiana Supreme Court announced Thursday. The suspension begins July 28, with automatic reinstatement upon its conclusion, subject to the conditions of Admission and Discipline Rule 23(4)(c).

Opinions June 16, 2011

Indiana Court of Appeals
T.R. v. Review Board
93A02-1005-EX-640
Agency action. Affirms Indiana Department of Workforce Development Review Board decision affirming the findings by the administrative law judge that T.R. left her employment without good cause. T.R. was afforded due process and the ALJ’s findings are supported by the evidence.