Indiana judiciary continues to lead by example
Even though times are tough, the Indiana chief justice says the Hoosier judiciary remains strong and continues to be a leader that other states look to as an example.
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Ongoing appeal could impact IMPD officer’s case
An Indiana Court of Appeals decision from last fall could prove to be a game-changer for how the state’s largest county handles the high-profile prosecution of a police officer accused of drunk driving that resulted in one death and other injuries.
New Supreme Court lineup could change pro se case outcome
The Indiana Supreme Court is thinking about rehearing a case it ruled on four months ago, in which a majority at the time created a new rule but offered no guidance for trial judges on informing future defendants about the dangers of proceeding pro se.
Last day for legislators to file bills
Today is the deadline for state senators to file Senate bills to be considered during the 2011 session. State representatives’ deadline for filing House bills was Tuesday and they have until today to file vehicle bills.
Order addresses selection of special judges
To allow time for counties to amend their local rules to conform with Indiana Administrative Rule 3 regarding the selection of special judges, the Indiana Supreme Court has issued an order establishing temporary procedures for selecting these judges.
Opinions Jan. 13, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Term. of Parent-Child Rel. of H.C. and T.C.; J.C. v. IDCS (NFP)
76A03-1006-JT-374
Juvenile. Affirms termination of parental rights.
Michael Gregory v. State of Indiana (NFP)
20A03-1002-CR-128
Criminal. Affirms convictions of three counts of child molesting as Class A felonies and three counts as Class C felonies, reverses Gregory’s aggregate sentence, and remands with instructions to issue an amended sentencing order and to issue any other documents or chronological case summary entries necessary to impose an aggregate sentence of 68 years.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Jan. 13, 2011
Indiana Court of Appeals
Term. of Parent-Child Rel. of H.C. and T.C.; J.C. v. IDCS (NFP)
76A03-1006-JT-374
Juvenile. Affirms termination of parental rights.
Judges differ in interpretation of earlier ruling
A panel of Indiana Court of Appeals judges disagreed today as to whether a man's convictions of attempted sexual misconduct with a minor and attempted dissemination of matter harmful to minors should be reversed because his intended victim was actually a police officer conducting an online sting operation.
Longtime Indy attorney dies
Merrill Moores, who loved the law and mentoring young attorneys, died Jan. 5. Moores is the father of a Marion County juvenile judge and an Indianapolis attorney.
Opinions Jan. 12, 2011, ILD
7th Circuit Court of Appeals
Amorita N. Thomas, on behalf of herself and all others similarly situated v. H&R Block Eastern Enterprises Inc.
10-1482
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David Hamilton.
Affirms summary judgment in favor of H&R Block in Thomas’ suit under Indiana’s Wage Payment Statute for paying its end-of-season compensation more than 10 days after it was earned. Concludes that the end-of-season compensation is not a wage under the statute because it was depending on other factors than her efforts and it would be highly difficult for the company to calculate it within 10 days. Declines to send a certified question on the issue to the Indiana Supreme Court.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Alesa Pack v. Indiana Family and Social Services Administration
89A05-1004-PL-240
Civil plenary. Grants rehearing for the sole purpose of clarifying the correct application of Administrative Orders and Procedures Act to Medicaid determinations regarding recipients and applications. Clarifies that while the AOPA applies to judicial review of Medicaid determinations, separate rules apply to the review of such decisions by an administrative law judge as they pertain to recipients of and applications for Medicaid benefits. Affirms original decision in all respects. Judge Riley voted to deny petition for rehearing without opinion.
Glenn L. Carpenter v. State of Indiana (NFP)
49A02-1005-CR-521
Criminal. Affirms conviction of unlawful possession of a firearm by a serious violent felon as a Class B felony, adjudication as a habitual offender, and sentence imposed.
Lucas T. Scholl v. State of Indiana (NFP)
07A01-1004-CR-166
Criminal. Affirms conviction of operating a vehicle while intoxicated, endangering a person as a Class A misdemeanor.
Camiell Chest v. State of Indiana (NFP)
49A02-1005-CR-544
Criminal. Affirms conviction of Class D felony domestic battery.
Wesley D. Willis v. State of Indiana (NFP)
71A04-1005-CR-304
Criminal. Affirms convictions of Class A felony voluntary manslaughter, Class A felony attempted murder, and two counts of Class C felony criminal recklessness.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Jan. 12, 2011
7th Circuit Court of Appeals
Amorita N. Thomas, on behalf of herself and all others similarly situated v. H&R Block Eastern Enterprises Inc.
10-1482
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David Hamilton.
Affirms summary judgment in favor of H&R Block in Thomas’ suit under Indiana’s Wage Payment Statute for paying its end-of-season compensation more than 10 days after it was earned. Concludes that the end-of-season compensation is not a wage under the statute because it was depending on other factors than her efforts and it would be highly difficult for the company to calculate it within 10 days. Declines to send a certified question on the issue to the Indiana Supreme Court.
COA panel divided on trial court involvement with subpoena
The Indiana Court of Appeals split today on whether an Indiana trial court had the authority to order a company to comply with a subpoena issued by arbitrators in New York.
Justices set man’s execution date
The Indiana Supreme Court has ordered the man convicted of killing his wife, her ex-husband, and her son be put to death in April.
Court upholds convictions, sentence of a man who shot Indy officer
The Indiana Court of Appeals affirmed a defendant’s convictions and sentence related to the shooting of an Indianapolis Metropolitan Police Department officer in the summer of 2008.
Voter ID research event rescheduled
Indiana University School of Law – Indianapolis professor Michael J. Pitts' discussion "Assessing the Impact of Photo Identification at the Polls by Examining the Provisional Ballots," which was scheduled for 6:30 p.m. today in Indianapolis, has been rescheduled due to the weather.
Judges find enhancement doesn’t violate double jeopardy principles
The Indiana Court of Appeals tackled an issue of first impression in a case involving double jeopardy principles. A defendant’s sentence was enhanced under the Firearm Enhancement Statute following a conviction for reckless homicide.
Security increased following threats to judge
The Huntington County Sheriff’s Department has taken steps to protect a northeastern Indiana judge after learning of threats made against the judge late last week.
Maurer dean chosen president-elect of national law school association
Indiana University Maurer School of Law Dean Lauren K. Robel was elected president-elect of the American Association of Law Schools at the annual meeting of its House of Representatives Jan. 7.
Opinions Jan. 11, 2011, ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Connie Ellis, et al. v. City of Martinsville, et al.
55A01-1003-CT-141
Civil tort. Affirms grant of motions for summary judgment in favor of the City of Martinsville, Martinsville Fire Department, and Terry Hart, assistant fire chief. There are no issues of genuine fact regarding alleged willful and wanton misconduct and Hart’s actions were within the scope of his employment.
James Eugene Roberts v. State of Indiana (NFP)
79A05-1006-CR-389
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.
In the matter of the estate of Raymond L. Domelle; Gloria J. Domelle v. Charles and Maria Barman (NFP)
45A03-1004-ES-173
Estate, supervised. Reverses $68,500 judgment following a jury verdict in favor of the Barmans. Remands to direct the probate court to enter judgment in favor of the estate.
Marvin M. Willis v. State of Indiana (NFP)
82A05-1006-CR-409
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class D felony and dismisses Willis’ appeal as it relates to the challenge of the enhancement of the conviction from a Class C misdemeanor to the Class D felony.
Joseph Fields v. State of Indiana (NFP)
49A05-1003-CR-165
Criminal. Affirms conviction of felony murder.
Donald J. Woolsey v. State of Indiana (NFP)
87A01-1006-CR-326
Criminal. Affirms convictions of two counts of Class D felony perjury.
Anthony M. Jessie v. State of Indiana (NFP)
49A05-1006-CR-329
Criminal. Affirms convictions of Class B misdemeanors battery and disorderly conduct, and Class A misdemeanor resisting law enforcement.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Jan. 11, 2011
Indiana Court of Appeals
John G. Cooper v. State of Indiana
32A05-1005-CR-309
Criminal. Affirms five-year enhancement imposed under the Firearm Enhancement Statute following the jury’s determination Cooper knowingly or intentionally used a firearm in the commission of reckless homicide, a Class C felony. Double jeopardy principles aren’t implicated in this case. Also affirms aggregate 13-year sentence.