Prosecutor undergoes bypass surgery
Marion County Prosecutor Terry Curry underwent cardiac bypass surgery Monday at an Indianapolis-area hospital.
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Justices take felony murder, child support cases
The Indiana Supreme Court has granted transfer to two cases – a convicted murder’s appeal and a case involving child support nonpayment.
Federal judge upholds death sentence
A federal judge in northern Indiana has denied a condemned inmate’s request to take him off death row, rejecting multiple claims that include one that would basically create a new rule prohibiting those who are severely mentally ill from being executed as is the standard for the mentally retarded.
2011 Leadership in Law photos online
Photos from Indiana Lawyer's 2011 Leadership in Law reception are now available online. Click here to view the honorees.
COA affirms perjury, misconduct convictions against children’s caseworker
The Indiana Court of Appeals has ruled that that a closed hearing on a juvenile proceeding was admissible as evidence in the perjury trial of an Indiana Department of Child Services caseworker.
Opinions May 6, 2011 ILD
7th Circuit Court of Appeals
United States of America v. Jermel C. Thomas
10-3566
U.S. District Court, Northern District of Indiana, South Bend Division,
Judge Robert L. Miller, Jr.
Criminal. Dismisses appeal, stating the District Court did not err in enforcing a plea agreement wherein Jermel Thomas had waived his right to appeal his sentence and conviction.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
John Witt, Hydrotech Corp. and Mark Shere v. Jay Petroleum, Inc. and Jack R. James
38A02-0912-CV-1290
Civil. Reverses trial court’s award of attorney fees to Jay Petroleum and Jack James, ruling the trial court erred when it determined the appellants were in contempt of court.
R.L. Turner Corporation v. Town of Brownsburg
32A01-1008-PL-373
Civil plenary. Affirms trial court’s order awarding attorney fees to the Town of Brownsburg, ruling that R.L. Turner Corporation’s lawsuit was frivolous, unreasonable, and groundless.
Dwayne Eversley v. State of Indiana (NFP)
49A04-1008-CR-497
Criminal. Affirms convictions of invasion of privacy, as both a Class D felony and a Class A misdemeanor, and resisting law enforcement, as both a Class D felony and a Class A misdemeanor.
A.M. v. Review Board (NFP)
93A02-1008-EX-887
Civil. Affirms Indiana Department of Workforce Development Review Board’s denial of unemployment compensation benefits.
Steven Gray v. State of Indiana (NFP)
15A05-1010-CR-690
Criminal. Affirms 50-year sentence for Class A felony child molesting. Reverses convictions of Class B felonies rape and incest on double jeopardy grounds, and remands with instructions to vacate.
Tiffany L. Otten v. State of Indiana (NFP)
02A03-1009-CR-538
Criminal. Affirms conviction of Class B felony neglect of a dependant.
Willie J. Herman v. State of Indiana (NFP)
02A03-1010-CR-560
Criminal. Affirms conviction of Class D felony battery.
Jerry Kohlhouse v. Black's Excavation (NFP)
42A01-1010-SC-594
Small claim. Affirms trial court’s judgment for Black’s Excavation and its dismissal of Jerry Kohlhouse’s counter-claim.
A.F. & R.B. v. I.D.C.S. (NFP)
20A03-1010-JC-521
Juvenile CHINS. Affirms trial court’s adjudication of children as children in need of services.
Ronald Cox v. State of Indiana (NFP)
49A05-1009-CR-536
Criminal. Affirms convictions of two counts of Class C felony child molesting and one count Class D felony child solicitation.
Jermarcus L. Grandberry v. State of Indiana (NFP)
02A05-1010-CR-643
Criminal. Affirms conviction of and sentence for Class B felony burglary.
Jamie L. Vida v. State of Indiana (NFP)
20A03-1012-PL-664
Civil plenary. Reverses denial of verified petition for removal from the Indiana Sex Offender Registry. Remands with instructions to grant petition.
Tyler Sturdivant v. State of Indiana (NFP)
49A02-1008-CR-934
Criminal. Affirms convictions of Class C felony battery and Class A misdemeanor battery.
Marlon D. Taylor v. State of Indiana (NFP)
49A05-1010-CR-597
Criminal. Affirms trial court’s finding that Taylor violated his community corrections placement and probation.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions May 6, 2011
7th Circuit Court of Appeals
United States of America v. Jermel C. Thomas
10-3566
U.S. District Court, Northern District of Indiana, South Bend Division,
Judge Robert L. Miller, Jr.
Criminal. Dismisses appeal, stating the District Court did not err in enforcing a plea agreement wherein Jermel Thomas had waived his right to appeal his sentence and conviction.
Greene County goes online with Odyssey CMS
The Greene County courts and clerk have adopted the use of the Indiana Supreme Court online Odyssey Case Management System.
Comment period open for proposed probate rules
The final proposed Marion County Probate Rules and Probate Forms, which have been approved by the Marion Superior Court Executive Committee and the General Term of Marion Superior Court, are now available for review and comment.
Justices address judicial-temperance presumption
The Indiana Supreme Court used an opinion Thursday to reaffirm the limitation described in Fletcher v. State on the judicial-temperance presumption.
Opinions May 5, 2011 ILD
7th Circuit Court of Appeals
United States of America v. John L. Norris
10-1612
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms denial of motion to suppress evidence. The police officers were acting pursuant to a valid warrant and in a reasonable manner.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Lenn Ivy v. State of Indiana
49A04-1010-CR-662
Criminal. Affirms denial of motion to modify sentence. Ivy may not seek a modification of his sentence under the terms of his plea agreement.
Michael Dewayne Lloyd v. State of Indiana (NFP)
48A02-1011-CR-1390
Criminal. Affirms imposition of previously suspended sentence as a result of work release violations.
Marc A. Bernero v. State of Indiana, et al. (NFP)
49A02-1009-PL-1082
Civil plenary. Affirms summary judgment for the Indiana Secretary of State’s Office and the Indiana Bureau of Motor Vehicles on Bernero’s complaint for declaratory judgment seeking enforcement of the State Employee Appeals Commission’s order rescinding his termination.
Willie Dumes v. State of Indiana (NFP)
49A02-1008-CR-910
Criminal. Affirms conviction of Class C felony operating a motor vehicle after license was forfeited for life and revocation of probation.
L.H. v. D.H. (NFP)
15A04-1009-DR-552
Domestic relation. Affirms trial court did not abuse its discretion when it imputed minimum wage income to both mother and father. Reverses trial court’s retroactively modifying father’s child support obligation to a date prior to the filing of his petition to modify child support. Remands for further proceedings.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions May 5, 2011
7th Circuit Court of Appeals
United States of America v. John L. Norris
10-1612
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms denial of motion to suppress evidence. The police officers were acting pursuant to a valid warrant and in a reasonable manner.
Judges order modification of dissolution decree
The Indiana Court of Appeals found a trial court abused its discretion when it didn’t consider a $160,000 change in value of a property when calculating marital assets and distributing marital property.
Chief Justice given Circle of Hope Award
Indiana Supreme Court Chief Justice Randall T. Shepard received the Richard M. Fairbanks Circle of Hope Award Wednesday in Indianapolis. He received the award at the 10th annual Fairbanks Circle of Hope Dinner.
AG’s food drive raises more than 140,000 pounds of food
Indiana Attorney General Greg Zoeller’s March Against Hunger challenge among law firms has raised the equivalent of nearly 144,000 pounds of food for needy Hoosiers.
Beech Grove City judge publicly admonished
The Indiana Commission on Judicial Qualifications has publicly admonished Beech Grove City Court Judge Charles W. Hunter for comments he made last year to an Indianapolis television reporter.
Evansville bar names Gresham award winner
The Evansville Bar Association presented the James Bethel Gresham Freedom Award to Vanderburgh Circuit Judge Carl A. Heldt on April 29 at its annual Law Day dinner.
Appellate court orders reinstatement of jury verdict
Finding a trial judge erred when granting a new trial because he didn’t make specific findings in setting aside a jury verdict, the Indiana Court of Appeals reversed the lower court and ordered the jury verdict reinstated.
Landlord sent itemized letter on time
The Indiana Court of Appeals reversed judgment in favor of a tenant in a security deposit dispute, ruling that the landlord did deliver an itemized damages letter within statutory deadlines.
Opinions May 4, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Jack M. Estes, II v. State of Indiana (NFP)
49A05-1009-CR-657
Criminal. Affirms sentence following revocation of probation.
Thomas James Newsom v. State of Indiana (NFP)
71A03-1008-CR-473
Criminal. Affirms conviction of and sentence for Class A felony conspiracy to commit murder.
Thomas D. Eckel v. State of Indiana (NFP)
30A01-1010-CR-522
Criminal. Affirms convictions of Class D felony operating a vehicle while intoxicated in a manner endangering a person while having a prior conviction within the past five years, and Class C misdemeanor operating a vehicle with a schedule I or II controlled substance or its metabolite in the body.
Michael Bracken v. State of Indiana (NFP)
23A05-1010-CR-667
Criminal. Affirms conviction of Class B felony methamphetamine manufacture and finding that Bracken is a habitual substance offender.
Cassandra Gardner v. State of Indiana (NFP)
49A02-1010-CR-1132
Criminal. Affirms conviction of Class A misdemeanor conversion.
A.B. v. Review Board (NFP)
93A02-1009-EX-988
Civil. Affirms denial of request for unemployment benefits.
Peggy Bracken v. Marine Corp. League Joseph Bray Det. Inc. (NFP)
84A05-1009-CT-593
Civil tort. Affirms grant of summary judgment for Marine Corp. League Joseph A. Bray Detachment Inc. with respect to Bracken’s slip and fall at the premises known as Northside Bingo.
Gary C. Williams v. State of Indiana (NFP)
57A05-1007-CR-416
Criminal. Affirms conviction of Class A felony possession with intent to deliver methamphetamine within 1,000 feet of a family housing complex.
Indiana Tax Court had posted no opinions at IL deadline.