Court of Appeals to hear arguments in Valparaiso
The Indiana Court of Appeals travels to Valparaiso University Monday to hear oral arguments in a criminal case.
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Civil rights groups form partnership
Jeff Lorick, executive director of the Terre Haute Human Relations Commission, often receives complaints about unfair housing practices. But until recently, Lorick has had little power to make local landlords comply with fair housing laws.
IBM litigation explores executive privilege issue
A Marion Superior judge has ordered Indiana state officials to turn over thousands of documents relating to the state’s cancellation of a welfare system modernization, ruling on an issue of first impression about whether a “deliberative processes” executive privilege exists in Indiana.
COA: State didn’t meet burden for probation revocation
The Indiana Court of Appeals has held – with a few exceptions – that a trial court may revoke probation for not satisfying a financial obligation only if the state proves by a preponderance of the evidence there is less than full payment and the probationer submitted that smaller payment recklessly, knowingly, or intentionally.
Neighborhood Christian Legal Clinic offers help for low-income taxpayers
Unexpected audits, bankruptcy complications, and misunderstandings about tax law are what bring many low-income clients to the Neighborhood Christian Legal Clinic’s Low-Income Taxpayer Clinic. The LITC staff – one tax attorney, one paralegal, and one outreach coordinator fluent in English and Spanish – helps clients understand how to handle complicated tax issues.
Opinions March 23, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Andrew McWhorter v. State of Indiana
33A05-1010-PC-685
Post conviction. Affirms denial of petition for post-conviction relief. The trial court did not err by accepting McWhorter’s guilty plea.
Shawn Green v. State of Indiana
49A05-1006-CR-382
Criminal. Affirms convictions of two counts of Class C felony forgery. Allowing Green to avoid a forgery conviction because he electronically signed a credit card sales receipt would run contrary to the expressed intent of the General Assembly. He “made” a “written instrument” when he signed another person’s name in the electronic box on the electronic point of sale terminal.
Donna Smith, et al. v. Emmanuel Temple Pentecostal Churches of the Apostolic Faith Inc., et al.
49A02-1007-PL-793
Civil plenary. Affirms grant of the national church’s motion to dismiss Smith’s and others verified motion for rule to show cause, alleging the local church had violated the court’s August 2009 order by refusing to allow Donna Smith to enter the church premises and refusing to restore her to the pastoral position. Smith is not a member of the church staff and does not have the right to enter the building at times other than those designated for public worship. The trial court did not abuse its discretion in, in essence, affirming the decision to elect another pastor after the August 2009 order.
Ruby Hamilton v. Eddie Woods, Helen Billingsley, and Kathleen Henderson (NFP)
45A03-1009-SC-503
Small claim. Reverses small claim’s court judgments, ruling the court’s judgments in an estate case are not sustainable on a theory of contract or contribution.
Deangelo Banks v. State of Indiana (NFP)
49A02-1006-CR-689
Criminal. Affirms convictions of Class A felonies rape and criminal deviate conduct, and Class D felony strangulation.
Linda (Fritts) Christopher v. Ronald Fritts (NFP)
34A04-1008-DR-508
Domestic relation. Affirms trial court’s order on division of marital property and determining child support issues, ruling the trial court did not abuse its discretion in refusing to give appellant credit toward child support obligation for overnight visits with the couple’s child.
Cortez Lee v. State of Indiana (NFP)
02A03-1008-CR-413
Criminal. Affirms conviction of and sentence for Class B felony neglect of a dependent.
James A. Nelson v. State of Indiana (NFP)
26A01-1011-PC-568
Post conviction. Affirms denial of petition for post-conviction relief.
Anthony Vanscyoc v. State of Indiana (NFP)
18A02-1008-CR-915
Criminal. Affirms conviction of Class B felony aggravated battery.
Aaron Israel and Gary Robertson v. J. David Donahue, et al. (NFP)
46A03-1008-PL-445
Civil plenary. Affirms denial of Israel’s petition for judicial review of administrative decision and/or petition for writ of mandate to either enjoin noncompliance or order compliance with the law.
Jeffrey A. Graham v. State of Indiana (NFP)
03A01-1009-CR-459
Criminal. Affirms revocation of probation and remands with instructions to correct the order revoking probation and recalculate Graham’s sentence consistent with the appellate decision.
Lalena D. Ricketts Boller v. Scott W. Ricketts (NFP)
18A02-1006-DR-629
Domestic relation. Dismisses Boller’s appeal of the order of child support modification and restriction of parenting time, medical fees owed, and the payment of attorney fees and guardian ad litem fees following the dissolution of her marriage.
In the Matter of the Paternity of S.A.; G.L. v. T.A. (NFP)
49A02-1009-JP-967
Juvenile. Reverses denial of G.L.’s motion to correct error and remands with instructions the trial court enter a new order establishing the father’s child support obligation consistent with the appellate decision.
James Phillips v. State of Indiana (NFP)
49A02-1008-CR-907
Criminal. Affirms conviction of felony murder and Class B felony possession of a firearm by a serious violent felon.
Term. of Parent-Child Rel. of H.P.; M.G. and R.P. v. I.D.C.S. (NFP)
20A03-1007-JT-397
Juvenile. Affirms involuntary termination of parental rights.
Jermarcus J. Starnes v. State of Indiana (NFP)
20A04-1007-CR-486
Criminal. Affirms convictions of and sentence for two counts of Class B felony dealing in cocaine.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions March 23, 2011
Indiana Court of Appeals
Troy R. Smith v. State of Indiana
35A02-1008-CR-996
Criminal. Reverses trial court’s order to revoke Smith’s probation due to non-payment of weekly child support – a condition of Smith’s probation. The state failed to prove Smith knowingly, recklessly, or intentionally failed to pay weekly child support and failed to prove Smith’s ability to pay.
Opinions March 22, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Clyde Piggie v. State of Indiana (NFP)
20A03-1005-PC-264
Post conviction. Affirms denial of petition of post-conviction relief for Class A felony of dealing cocaine.
John David Jenkins v. State of Indiana (NFP)
82A01-1008-CR-404
Criminal. Affirms conviction of Class B misdemeanor failure to stop after an accident resulting in non-vehicular property damage.
William A. Lawhorn v. State of Indiana (NFP)
38A02-1009-CR-1037
Criminal. Affirms trial court’s sentence following guilty plea to Class B felony of dealing methamphetamine.
Indiana Tax Court had posted no opinions at IL deadline.
COA upholds convictions of man who planned to kill attorney, judge, ex-wife
The Indiana Court of Appeals has denied an appeal from a man who was convicted of planning to kill his ex-wife, her attorney, and a judge, ruling that amended charges did not negatively impact his rights and sufficient evidence existed to uphold the conviction.
Opinions March 22, 2011
7th Circuit Court of Appeals
United States of America v. Robert B. Long and Jason P. Edwards
09-3493, 09-3636
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Criminal. Affirms Edwards’ convictions of one count of narcotics conspiracy, two counts of possession with intent to distribute marijuana, and one count of attempted possession with intent to distribute marijuana. The government’s affidavit in support of the wiretap established necessity. Affirms Long’s sentence for the same convictions, plus one additional count of possession with intent to distribute marijuana.
7th Circuit judge to speak at rescheduled event
The Southern District of Indiana has rescheduled a Black History Month event that had been postponed because of inclement weather in February.
Circuit Court affirms judgments against 2 ex-IMPD narcotics officers
The 7th Circuit Court of Appeals has found nothing wrong with the convictions or sentence of two former Indianapolis narcotics detectives brought down by their involvement in an illegal drug scheme to supplement their income as police officers.
Opinions March 21, 2011
Indiana Court of Appeals
Darryl Harris v. United Water Services, Inc.
93A02-1010-EX-1164
Civil. Reverses the decision by the Full Worker’s Compensation Board affirming the grant of United Water’s motion to dismiss. Harris’ deposition testimony doesn’t support the board’s finding that he admitted that his condition stemmed from a single incident and the board applied the wrong burden of proof. Remands for further proceedings.
Judges reverse dismissal of workers’ compensation claim
The Indiana Court of Appeals reversed the dismissal of a workers’ compensation claim, finding the worker’s deposition testimony didn’t support the Indiana Worker’s Compensation Board’s finding that he admitted his condition stemmed from a single incident.
COA to hear arguments in LaPorte
The Indiana Court of Appeals travels to LaPorte High School Tuesday to hear arguments in an insurance case.
Opinions March 21, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Larry Bowyer v. Indiana Dept. of Natural Resources
09A05-0912-CV-740
Civil. Affirms order granting permanent mandatory injunction and damages in favor of the Indiana Department of Natural Resources, which said that Bowyer must remove the fill he placed in the lake and restore it to as close to its natural condition as possible. The trial court did not err in its application or construction of Indiana Code Section 14-26-2-6, and the order’s findings of fact, conclusions of law, and judgment were not clearly erroneous.
Stephen B. Reeves v. State of Indiana (NFP)
20A03-1006-PC-324
Post conviction. Affirms denial of petition for post-conviction relief.
Nicole Cooper v. State of Indiana (NFP)
34A02-1004-CR-506
Criminal. Affirms sentence imposed following revocation of probation.
Term. of Parent-Child Rel. of A.K. Jr., et al.; A.K. Sr. v. I.D.C.S. (NFP)
27A02-1009-JT-1004
Juvenile. Affirms involuntary termination of parental rights.
Jeremy Knoy v. State of Indiana (NFP)
79A02-1004-CR-431
Criminal. Affirms conviction of and sentence for felony murder.
Christopher Rondeau v. State of Indiana (NFP)
49A02-1006-CR-694
Criminal. Affirms murder conviction.
Bruce E. Wilson v. State of Indiana (NFP)
48A05-1007-CR-435
Criminal. Affirms sentence following guilty plea to Class D felony dealing in marijuana.
Shawn Hattery v. State of Indiana (NFP)
43A03-1002-CR-62
Criminal. Affirms convictions of and sentence for Class D felonies obstruction of justice, theft, criminal confinement, and sexual battery; Class A felonies burglary, attempted criminal deviate conduct, two counts of criminal deviate conduct, and three counts of rape; and Class C felony battery.
Terry Davis v. State of Indiana (NFP)
49A02-1006-PC-747
Post conviction. Affirms denial of petition for post-conviction relief.
Mauricio Carvajal v. State of Indiana (NFP)
43A05-1007-CR-463
Criminal. Affirms denial of motion to withdraw guilty plea.
Carnival Cruise Lines, Inc. v. Doris Beard (NFP)
45A04-1009-SC-529
Small claims. Reverses denial of Carnival’s motion to dismiss Beard’s claim.
Evan Sapp v. State of Indiana (NFP)
84A01-1006-CR-330
Criminal. Affirms sentence for Class D felony theft.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted one transfer and denied 23 for the week ending March 18.
Opinions March 21, 2011
Indiana Court of Appeals
Darryl Harris v. United Water Services, Inc.
93A02-1010-EX-1164
Civil. Reverses the decision by the Full Worker’s Compensation Board affirming the grant of United Water’s motion to dismiss. Harris’ deposition testimony doesn’t support the board’s finding that he admitted that his condition stemmed from a single incident and the board applied the wrong burden of proof. Remands for further proceedings.
Justices accept post-conviction relief case
The Indiana Supreme Court will decide whether a man convicted of murder and rape was denied effective assistance of appellate counsel.
Appeal questions ‘enrollment,’ self-supporting standards for emancipation
In tackling a child support case involving a teenager’s emancipation, Indiana Court of Appeals judges disagree on what state statute defines as “enrolled” in college. One judge believes the majority wrongly reweighed evidence in this case to come to its decision.
Former auditor wins appeal on attorney fee issue
The Indiana Supreme Court decided a case seven years ago but left for another day the answer to a question about governmental attorney fees, and now that specific issue has found its way to an appeal before the state’s second-highest appellate court.