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Opinions April 8, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Gerald W. Sandefur v. State of Indiana
71A05-1009-CR-605
Criminal. Affirms convictions of Class A misdemeanor invasion of privacy and Class D felony battery and remands with instructions to vacate the conviction and sentence for Class A misdemeanor battery. The arresting officer’s testimony fit the excited utterance exception to the hearsay rule, there is sufficient circumstantial evidence to convict Sandefur of battery, but he can’t be convicted of both the misdemeanor and felony on double jeopardy grounds.

Dana Birdin v. Barbara Blakemore (NFP)
49A02-1007-EU-833
Estate unsupervised. Affirms judgment against Birdin in the amount of $9,450 on a conversion claim and more than $75,000 on a replevin claim and order that Birdin pay Blakemore’s attorney fees.

Mark Gregory v. State of Indiana (NFP)
48A02-1009-CR-984
Criminal. Affirms revocation of probation and order Gregory serve his remaining term of approximately 65 years in prison.

Joseph Dixon v. State of Indiana (NFP)
49A04-1008-CR-488
Criminal. Affirms sentence following guilty plea to three counts of Class B felony burglary and one count of Class C felony burglary.

Indiana Tax Court had posted no opinions at IL deadline.

Opinions April 8, 2011

Indiana Court of Appeals
Samuel D. Raisor, et al. v. Edward O. Carter, et al.
49A05-1010-CT-629
Civil tort. Reverses summary judgment for Jimmie’s Raceway Pub, in which the trial court  found the Raisors’ action was barred by the two-year statute of limitations for personal injury actions and the amended complaint couldn’t relate back to the original filing date because Jimmie’s received notice of the action after the expiration of the 120-day period allowed under Ind. Trial Rule 15(C).

COA: personal injury action should be allowed to proceed

The Indiana Court of Appeals examined how the 120-day time limit under Indiana Trial Rule 15(C) on amending a complaint to substitute a party interacts with the two-year statute of limitations for personal injury claims, and held that the 120-day time limit can’t be allowed to operate prematurely to bar a claim when the statute of limitations is still running.

DNA expert to discuss wrongful convictions

A forensic geneticist who has worked on the exonerations of seven people will visit Indiana University April 15 to give a public lecture on how DNA is used to free people who have been wrongfully convicted and how informatics is being misused to pervert justice.

Judges divided on calculation of damages after negligence

The Indiana Court of Appeals was split in deciding whether an estate received the correct amount of damages from the Indiana Patients’ Compensation Fund. One judge believed the trial court used an incorrect approach for calculating damages because the deceased man had at least a 50 percent chance of survival before the medical negligence.

Court tackles ‘sexual activity’ meaning in statute

The 7th Circuit Court of Appeals addressed Thursday the term “sexual activity” – an issue in which there is scant law – and ordered a man be acquitted. The man was convicted under federal statute for attempting to entice a girl he believed to be less than 18 years old to engage in any sexual activity while they chatted online.

Opinions April 7, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Stephen Harvey v. State of Indiana (NFP)
92A03-1008-PC-469
Post conviction. Affirms denial of petition for post-conviction relief.

Brian Redd v. State of Indiana (NFP)
02A03-1010-CR-533
Criminal. Affirms conviction of Class C felony child molesting.

Michael L. Yates v. State of Indiana (NFP)
34A04-1010-CR-606
Criminal. Affirms conviction of and sentence for Class B felony attempted armed robbery.

Joseph Munden v. State of Indiana (NFP)
49A04-1009-CR-534
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.

Jacob M. Jones v. State of Indiana (NFP)
49A02-1009-CR-959
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions April 7, 2011

7th Circuit Court of Appeals
United States of America v. Jeffrey P. Taylor
10-2715
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Reverses conviction of and 10-year sentence for violating 18 U.S.C. Section 2422(b), which deals with knowingly persuading or enticing someone under 18 to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so. The section is ambiguous and sexual activity and sexual act could be synonyms and therefore require contact between the perpetrator and victim for a conviction. Remands with instructions to acquit Taylor. Judge Manion concurs in a separate opinion.

Opinions April 6, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Gariup Construction Co. v. Carras-Szany-Kuhn & Associates, et al.
45A04-1007-PL-429
Civil plenary. Affirms summary judgment in favor of the architect Carras-Szany-Kuhn and the successful bidder and denied unsuccessful bidder Gariup Construction’s claim alleging the architect; Behling & Son, the successful bidder; and others colluded to restrict bidding in violation of the Indiana Antitrust Act. The designated evidence doesn’t present a genuine issue of material fact from which a factfinder could reasonably infer that the architect and successful bidder colluded to restrict bidding. Declines to find that the architect and successful bidder are entitled to appellate attorneys fees.

Larry Pryor v. State of Indiana (NFP)
49A02-1005-CR-556
Criminal. Affirms adjudication as a habitual offender after being found guilty of burglary, theft, and possession of paraphernalia.

First Consumer Credit, Inc. v. Sho-Pro of Indiana, Inc. (NFP)
49A02-1010-CC-1245
Civil collections. Reverses summary judgment in favor of Sho-Pro of Indiana in First Consumer Credit Inc.’s action alleging breach of contract. Remands with instructions to enter summary judgment in favor of FCC.

Indiana Tax Court had posted no opinions at IL deadline.

Opinions April 6, 2011

Indiana Court of Appeals
Gariup Construction Co. v. Carras-Szany-Kuhn & Associates, et al.
45A04-1007-PL-429
Civil plenary. Affirms summary judgment in favor of the architect Carras-Szany-Kuhn and the successful bidder and denied unsuccessful bidder Gariup Construction’s claim alleging the architect; Behling & Son, the successful bidder; and others colluded to restrict bidding in violation of the Indiana Antitrust Act. The designated evidence doesn’t present a genuine issue of material fact from which a factfinder could reasonably infer that the architect and successful bidder colluded to restrict bidding. Declines to find that the architect and successful bidder are entitled to appellate attorneys fees.

Judges affirm denial of post-conviction relief

The Indiana Court of Appeals upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance of trial and appellate counsel. The man failed to introduce the original trial transcript at his post-conviction hearing and the post-conviction court didn’t take judicial notice of the record, as it’s now able to do under an amended Indiana Evidence Rule.

Judge dismisses civil forfeiture suit against state prosecutors

A Marion Superior judge has tossed a lawsuit against 78 county prosecutors being accused of breaking the law by not turning over seized assets from criminals to a school construction fund. In doing so, the judge expressed concern about the lack of reasoning and consistency demonstrated by prosecutors throughout the state.

Exonerated death-row inmate to speak at Indiana University campuses

Randy Steidl, who was nearly executed for a crime he didn't commit and went on to become the public face of the abolition of the death penalty in Illinois, will tell his story during visits to Indiana University campuses in Bloomington and Indianapolis.

Opinions April 5, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Adoption of O.M.; J.M. v. Q.D. (NFP)
41A01-1008-AD-402
Adoption. Affirms trial court’s order granting stepfather’s petition to adopt child without father’s consent.

Indiana Tax Court had posted no opinions at IL deadline.
 

Coroner’s office loses 2nd reverse-discrimination appeal

The 7th Circuit Court of Appeals has ruled that a reverse-discrimination case against Marion County should be able to proceed in federal court in Indianapolis because evidence shows the former county coroner’s decision to terminate a forensic pathology company’s contract may have been based on race.

Opinions April 5, 2011

7th Circuit Court of Appeals
Stephen Radentz, et al., v. Marion County, et al.
10-1523
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Reverses ruling from District Court in favor of defendants in discrimination lawsuit. Plaintiffs were able to support claim that their termination from employment was race-based, and did not result in significant financial gain, as the defendants claimed.

Federalist Society to host national ethics expert for lecture

Edward Whelan, president of the Ethics and Public Policy Center in Washington, D.C., will lecture about “Lessons of the Sotomayor and Kagan Confirmation Processes: The Political Triumph of Judicial Conservatism,” from noon to 2 p.m. April 14. The lecture, hosted by the Indianapolis chapter of The Federalist Society for Law and Public Policy Studies, will be at the Conrad hotel, 50 W. Washington St., Indianapolis.