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Opinions Feb. 4, 2011

Indiana Court of Appeals
Terry Likens, et al. v. Prickett's Properties, Inc., et al.
43A03-1008-PL-455
Civil plenary. Affirms summary judgment in favor of Prickett’s Properties Inc. and Realtor Jack Stump in the Likenses’ suit alleging negligence/breach of agency duty. According to Indiana Code Chapter 25-34.1-10, the only duty Stump owed the sellers is to treat them honestly and not knowingly give them false information. The Likenses do not allege on appeal that he breached this duty.

Opinions Feb. 3, 2011 ILD

Indiana Court of Appeals
The following opinions are from Feb. 2, 2011:
Spencer R. Norvell v. State of Indiana (NFP)
18A02-1006-CR-696
Criminal. Affirms denial of motion for withdrawal of guilty plea.

Shane O. Bright v. State of Indiana (NFP)
58A01-1005-CR-243
Criminal. Affirms sentence following guilty plea to Class C felony possession of methamphetamine with a firearm and Class D felony possession of cocaine.

Tra Hibbard v. State of Indiana (NFP)
28A05-1008-CR-537
Criminal. Affirms 45-year sentence following guilty plea to two counts of Class B felony operating a vehicle with a controlled substance in blood causing death and one count of Class C felony criminal recklessness with a deadly weapon resulting in serious bodily injury.

George G. Casillas v. State of Indiana (NFP)
49A05-1006-CR-370
Criminal. Affirms sentence following convictions of Class D felonies strangulation and domestic battery.

Today’s opinions
Anthonia R. McWhorter v. State of Indiana (NFP)
45A03-1006-CR-334
Criminal. Affirms 12-year sentence following guilty plea to Class B felony dealing in cocaine.

Eric Daniels v. State of Indiana (NFP)
49A02-1005-CR-531
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

Michael Linner, et al. v. Wells Fargo Bank, N.A., et al. (NFP)
71A04-1005-MF-391
Mortgage foreclosure. Affirms order denying the Linners' motion to correct error following entry of summary judgment against them in subsequent proceedings relating to a foreclosure action brought by Wells Fargo Bank.

Richard N. Bell v. Nancy D. Bell (NFP)
49A05-1005-DR-315
Domestic relation. Affirms disposition of the marital estate following dissolution of the Bells’ marriage.

Larry M. Gonzalez v. State of Indiana (NFP)
02A03-1005-CR-295
Criminal. Reverses one conviction of child molesting as a Class A felony and affirms the remaining three convictions of child molesting, one as a Class A felony and two as Class C felonies.  

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Feb. 3, 2011

Indiana Supreme Court
Clifton Mauricio v. State of Indiana
02S03-1009-PC-501
Post conviction. Reverses denial of petition for post-conviction relief and remands for re-sentencing. The Supreme Court cannot say that the trial court would have sentenced Mauricio to 50 years notwithstanding its reference to a statute that was later held to be inapplicable.

Justices order man to be re-sentenced

A man who received 50 years for murder should be re-sentenced because of conflicting amendments involving the penalty for murder at the time the judge handed down the sentence, the Indiana Supreme Court ruled today.

Law students offer tax preparation assistance

Students from the four Indiana law schools are participating in the Internal Revenue Service’s Volunteers in Tax Assistance program during the 2011 tax season.

Hammond District court closed Thursday

The Clerk’s Office and Hammond District Court in the U.S. District Court, Northern District of Indiana remain closed Thursday due to weather conditions.

AALS president to speak at IU Maurer School of Law

The president of the Association of American Law Schools will speak about higher education issues at Indiana University Maurer School of Law at noon Feb. 7 in the law school’s moot courtroom at 211 S. Indiana Ave., Bloomington. The event is free and open to the public.

Justices’ split reinstates COA annexation ruling

A split decision by the Indiana Supreme Court on an annexation battle between Greenwood and Bargersville means a lower appellate panel’s decision is reinstated and the city takes a win in the 29-month legal battle that has statewide implications.

Many courts shut down due to weather

Several courts around the state are closed today after heavy snow and ice hit Indiana this week. The weather has even caused the Indiana General Assembly to postpone hearings for a second day.

Opinions Feb. 2, 2011 ILD

The Indiana Supreme Court, Court of Appeals, and Tax Court are closed today due to the weather.

Opinions Feb. 2, 2011

The Indiana Supreme Court, Court of Appeals, and Tax Court are closed today due to the weather.

Indianapolis federal court on 2-hour delay

The Indianapolis Division of the U.S. District Court, Southern District of Indiana will open for business at 10:30 a.m. Wednesday. The court had closed early Tuesday because of a winter storm bringing snow and ice to Indiana.

7th Circuit extends search, detainment precedent

More than two decades ago, the 7th Circuit Court of Appeals said that a higher precedent allowed not only residents of a home being searched to be detained, but also that visitors to that location could be detained.

Editorial: Home is where the heart is for Mr. Copsey

We often think of law enforcement officers and firefighters as first-responder types who venture into situations where others are reluctant to go. We’d like to expand the definition of first responder a bit, and bring your attention to an Indianapolis lawyer who after retiring from his day job years ago decided he wasn’t quite done practicing law.