SCOTUS takes Arizona immigration case, 7th Circuit bankruptcy case
The Supreme Court of the United States has accepted several cases, including the high-profile Arizona immigration lawsuit and a bankruptcy case from the 7th Circuit Court of Appeals.
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Opinions Dec. 12, 2011 ILD
7th Circuit had posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
Douglas Garwood v. State of Indiana (NFP)
35A02-1106-CR-588
Criminal. Affirms conviction of and sentence for Class B felony dealing in methamphetamine and reverses conviction of Class D felony possession of precursors with intent to manufacture methamphetamine.
Term. of Parent-Child Rel. of A.B.; K.S. v. The Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A04-1105-JT-255
Juvenile. Affirms termination of parental rights.
Lorenzo Stewart v. State of Indiana (NFP)
02A03-1104-PC-179
Post conviction. Affirms denial of petition for post-conviction relief.
Natosha Canfield, Individually, and Next Best Friend of D.C., Minor v. Clarian Health Partners, Inc. d/b/a Methodist Hospital (NFP)
49A02-1104-CT-292
Civil tort. Affirms grant of Clarian’s motion to strike and motions for summary judgment and partial summary judgment on Canfield’s suit claiming negligence and negligent infliction of emotional distress.
James Groff v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2011/december/12121106ehf.pdf
90A02-1106-CR-610
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Steven E. Abernathy v. State of Indiana (NFP)
23A01-1104-CR-182
Criminal. Affirms conditions of probation imposed following Abernathy’s guilty plea to Class D felony resisting law enforcement and Class A misdemeanor driving while suspended.
The Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Opinions Dec. 12, 2011
Indiana Court of Appeals
Douglas Garwood v. State of Indiana (NFP)
35A02-1106-CR-588
Criminal. Affirms conviction of and sentence for Class B felony dealing in methamphetamine and reverses conviction of Class D felony possession of precursors with intent to manufacture methamphetamine.
Justices take guest statute case
The Indiana Supreme Court has accepted a case that deals with whether a tort claim filed by a son against his father should be precluded by the Indiana Guest Statute. The case prompted each judge on the Indiana Court of Appeals panel that heard the case to author an opinion.
District judge and state senator to receive honorary BSU degrees
U.S. District Judge Tanya Walton Pratt and Indiana Sen. Luke Kenley will receive honorary doctor of laws degrees from Ball State University at its winter commencement Dec. 17.
Former IURC chairman indicted
The former chairman of the Indiana Utility Regulatory Commission, David Lott Hardy, has been indicted by a Marion County grand jury on felony official misconduct charges, the Marion County Prosecutor’s Office announced Monday.
Shepard to speak at IU commencement
On the heels of the announcement that Chief Justice Randall T. Shepard is retiring from the Indiana Supreme Court, Indiana University announced this week that the justice will address graduates at the Bloomington campus’ winter commencement Dec. 17.
Opinions Dec. 9, 2011 ILD
7th Circuit Court of Appeals had posted no opinions at IL deadline.
Indiana Court of Appeals
Paul B. Roberson v. State of Indiana (NFP)
48A02-1103-CR-334
Criminal. Affirms convictions of and sentence for six counts of Class A felony child molesting, one count of Class A felony attempted child molesting, four counts of Class C felony child molesting and one count of Class D felony obscene performance.
The Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Opinions Dec. 9, 2011
Indiana Court of Appeals
Scott Pattison v. State of Indiana
85A02-1101-CR-88
Criminal. Affirms conviction of felony murder. The circumstantial evidence is sufficient to establish beyond a reasonable doubt that Pattison killed his wife. Affirms in all other respects.
Judges dismiss man’s untimely appeal
The Indiana Court of Appeals rejected a man’s argument that even though his appeal was untimely, the court should still address his appeal because of “considerations of justice.”
Appellate court upholds murder conviction
The Indiana Court of Appeals found the circumstantial evidence presented at trial was sufficient to establish beyond a reasonable doubt that a man killed his wife.
COA to consider journalistic shield protections for anonymous online comments
The Indiana Court of Appeals hears arguments Monday on a question of first impression for the Internet-savvy 21st century: whether news outlets have any First Amendment or state journalistic shield protection from being required to disclose information that could help reveal the identities of people posting anonymous comments online.
ISBA seeks speakers for Lincoln outreach program
The Indiana State Bar Association’s Young Lawyers Section is seeking speakers for its “Why Lincoln Was a Lawyer” outreach program.
Bankruptcy judge applications being accepted
The Judicial Council of the 7th Circuit is seeking applications for bankruptcy judge to fill a new position in the U.S. District Court for the Southern District of Indiana.
ABA council adopts changes in collection of law school data
The Council of the American Bar Association Section of Legal Education and Admissions to the Bar has approved changes in the collection and publication of graduate placement data provided by law schools. The changes are aimed at enhancing the accuracy, timeliness and level of detail law schools must report to the ABA.
COA reverses termination of mother’s parental rights
The Indiana Court of Appeals found Thursday that the trial court findings in a parental termination case out of Dearborn County do not support the decision to terminate a mother’s parental rights to three of her children.
Opinions Dec. 8, 2011 ILD
7th Circuit Court of Appeals had posted no opinions at IL deadline.
Indiana Court of Appeals
Robert A. Shannon v. State of Indiana (NFP)
45A04-1105-CR-258
Criminal. Revises Shannon’s sentence for Class C felony reckless operation of a vehicle in a highway work zone causing death and remands with instructions.
The Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Opinions Dec. 8, 2011
Indiana Court of Appeals
Term. of Parent-Child Rel. of C.M., G.M., and R.M.; A.M. (Mother) and C.M. (Father) v. Indiana Dept. of Child Services, Dearborn County Office
15A01-1104-JT-204
Juvenile. Reverses termination of mother A.M.’s parental rights. The Department of Child Services did not establish by clear and convincing evidence the requisite statutory elements to support the termination. Judge Darden concurs in result.
Indiana chief justice’s retirement ‘a natural thing’
Indiana Chief Justice Randall T. Shepard – the longest-serving state court chief justice in the nation – is retiring from the bench in March after nearly 27 years on the appellate bench and a quarter century in that top administrative position.
Opinions Dec. 7 2011 ILD
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
A.H. v. State of Indiana (NFP)
49A05-1104-JV-208
Juvenile. Affirms adjudication as a juvenile delinquent for committing what would be Class A misdemeanor possession of paraphernalia if committed by an adult.
Timothy E. Strowmatt v. Kim Rodriguez (NFP)
17A03-1105-DR-218
Domestic relation. Affirms denial of Strowmatt’s motion for relief from judgment.
Joseph D. Hillenburg v. State of Indiana (NFP)
47A01-1103-CR-126
Criminal. Affirms sentence following guilty plea to Class A felony manslaughter and Class C felony battery by means of a deadly weapon.
Paul Hinton v. State of Indiana (NFP)
34A02-1104-CR-322
Criminal. Affirms conviction of Class D felony possession of cocaine.
Nathaniel Jeffers v. State of Indiana (NFP)
49A04-1104-CR-165
Criminal. Affirms convictions of and sentences for six counts of Class A felony child molesting, one count of Class C felony child molesting and one count of Class D felony battery.
Sybron Pinkston v. State of Indiana (NFP)
02A03-1104-CR-167
Criminal. Affirms convictions of Class D felony battery and Class D felony resisting law enforcement.
Jesus D. Zuniga v. State of Indiana (NFP)
82A01-1103-CR-131
Criminal. Affirms sentence following guilty plea to Class B felony burglary.
John F. Otto, Jr. v. Scott Douglas Woodhams (NFP)
02A03-1105-SC-200
Small claim. Affirms denial of Otto’s motion to correct error on the judgment on his claim against his tenant, Woodhams.
Keyone Johnson v. State of Indiana (NFP)
49A02-1102-PC-274
Post conviction. Affirms denial of petitions for post-conviction relief.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.