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The Indiana Court of Appeals split today as to whether a woman who had an order for protection against her should have been convicted of invasion of privacy when she spoke to the protected party during a court hearing.
Because a chemical breath-test evidence ticket is a mechanically produced readout that can’t be considered “testimonial hearsay” under U.S. Supreme Court precedent, the Indiana Court of Appeals held a man’s Sixth Amendment rights weren’t violated when the equipment technician didn’t testify at his drunk-driving trial.
United States District Court for the Southern District of Indiana Magistrate Judge Debra McVicker Lynch's investiture ceremony will be at 3 p.m. Jan. 16 in Courtroom 216 in the Birch Bayh Federal Building and U.S. Courthouse, 46 E. Ohio St., Indianapolis.
The Indiana Supreme Court has appointed a northern Indiana attorney and central Indiana judge to the Commission for Continuing Legal Education.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Deana Crickmore v. John R. Crickmore (NFP)
49A04-1003-DR-184
Domestic relation. Affirms finding John’s overpayments of spousal maintenance were involuntary and the order Deana repay him accordingly. Reverses amount of judgment as to the dollar amount and affirms in all other respects. Remands for further proceedings.
Robin L. Rashin v. Mark W. Rashin (NFP)
45A04-0911-CV-660
Civil. Reverses denial of rehabilitative maintenance to Robin and remands with instructions to calculate an award of rehabilitative maintenance, to exclude the settlement proceeds from the marital estate, and to recalculate the division of marital property accordingly. Remands the issue of whether Robin shall be awarded appellate attorney fees. Affirms judgment in all other respects.
Jeanette Daniels, et al. v. Hidden Bay Homeowners Association, Inc., et al. (NFP)
49A02-1003-PL-279
Civil plenary. Affirms summary judgment for all of the defendants in Daniels and Russell’s suit to recover damage to a condominium and personal property after a fire.
In the Guardianship of Z.E. and A.W.; Ala.G., et al. v. Alk.G., et al. (NFP)
45A05-1004-GU-255
Guardianship. Affirms juvenile court has subject matter jurisdiction over the grandparents’ custody action as it relates to one of the children and remands for a determination of whether the court has subject matter as it relates to the other child. Affirms order finding the mother is the custodian of the children unless another court has ruled otherwise and by appointment a guardian ad litem and directing the grandparents to pay a portion of the guardian ad litem’s fees relating to Z.E. Reverses order appointing GAL and requiring grandparents to pay GAL fees for matters relating to A.W. only if the court is found to lack jurisdiction over the custody of A.W. on remand.
Antonio M. Sanders v. State of Indiana (NFP)
22A01-1005-CR-234
Criminal. Affirms denial of motion to withdraw guilty plea.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
S.A. v. Review Board
93A02-1004-EX-568
Civil. Affirms the Review Board of the Indiana Department of Workforce Development’s ruling that S.A.’s acceptance of an early retirement package made her ineligible to continue receiving unemployment benefits. S.A. left employment without good cause in connection with the work.
A federal judge has found the Indiana Department of Correction was wrong to stop serving kosher meals to those whose religious practices required them to eat the specially prepared meals.
The Indiana Court of Appeals affirmed the termination of unemployment benefits for an auto worker who accepted an early retirement package after she was laid off.
A Terre Haute attorney has been dealt another blow in his national effort to challenge judicial merit-selection systems in favor of popular elections.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
DBL Axel LLC v. Lasalle Bank National Association
15A01-1003-PL-205
Civil plenary. Affirms order directing immediate turnover of funds in favor of LaSalle Bank. The checks paid by the city of Lawrenceburg to DBL concerned the property in question and were within the scope of and subject to the receivership order, and DBL’s failure to include that money paid or otherwise notify the receiver of the settlement agreement was a violation of that order. Remands for the trial court to amend its order directing immediate turnover of funds and enter an order directing turnover in the amount of $1,365,500.
In the Matter of the Guardianship of Azzie Justice v. Garnet S. Justice (NFP)
43A03-0912-CV-584
Civil. Affirms appointing Garnet as the guardian of the person and estate of Azzie.
Linda Chiesi v. State of Indiana (NFP)
64A05-1003-PC-205
Post conviction. Affirms denial of petition for post-conviction relief.
Term. of Parent-Child Rel. of C.J.M.; C.M. v. Lake County DCS (NFP)
45A03-1004-JT-248
Juvenile. Affirms termination of parental rights.
Kenneth Mitan v. Richard E. Deckard Family Limited Partnership #206 (NFP)
53A01-0912-CV-612
Civil. Affirms conclusion that Mitan was a proper party to the partnerships forfeiture action. Reverses award of all personal property and remands with instructions to award to the partnership only that personal property specified by the contract as being included in the sale.
Nickolas Sandifer v. State of Indiana (NFP)
45A03-1004-CR-186
Criminal. Affirms denial of Sandifer’s unverified, oral motion to withdraw his guilty plea.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
DBL Axel LLC v. Lasalle Bank National Association
15A01-1003-PL-205
Civil plenary. Affirms order directing immediate turnover of funds in favor of LaSalle Bank. The checks paid by the city of Lawrenceburg to DBL concerned the property in question and were within the scope of and subject to the receivership order, and DBL’s failure to include that money paid or otherwise notify the receiver of the settlement agreement was a violation of that order. Remands for the trial court to amend its order directing immediate turnover of funds and enter an order directing turnover in the amount of $1,365,500.
More than 40 attorneys have applied for a new magistrate spot in the Southern District of Indiana, the first new position since the 1980s.
The Indiana Court of Appeals declined to address whether a pro se prisoner is “incapacitated” for purposes of the Indiana Tort Claims Act in a man’s appeal of his suit involving false arrest and false imprisonment.
The Indiana Supreme Court has accepted three certified questions proposed by a federal appeals court that arose in a case involving the National Collegiate Athletic Association’s ticket-distribution system for championship tournaments.
The U.S. District Court for the Southern District of Indiana has proposed several amendments to its Local Rules involving discovery disputes, class action suits, appearances, and sentencing.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Doris Mitchell v. State of Indiana (NFP)
48A05-1003-CR-274
Criminal. Affirms conviction of Class D felony marijuana possession.
State of Indiana v. Jermain Blue (NFP)
02A03-1003-CR-139
Criminal. Affirms grant of Blue’s motion to suppress evidence against him.
Kareen Dunn v. State of Indiana (NFP)
34A04-1003-CR-261
Criminal. Affirms sentences following guilty plea to Class D felonies possession of cocaine and criminal recklessness.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
James K. Oberst v. State of Indiana
14A05-1003-PC-157
Post conviction. Affirms denial of petition for post-conviction relief. Because Oberst gave his statement that he had sex with the victim to police in counsel’s presence before adversary criminal proceedings had been initiated, he had no Sixth Amendment right to counsel and therefore no right to the effective assistance of counsel.
The Indiana Court of Appeals agreed with the post-conviction court that a defendant didn’t receive ineffective assistance of trial counsel, finding the man had no right to the effective assistance of counsel at the time he gave a statement to police in front of the attorney.
The Hoosier Environmental Council’s third annual “Greening the Statehouse” happens Saturday at Indiana University School of Law – Indianapolis.
The 11 judges up for retention this year – including five on the Indiana Court of Appeals – will remain on the bench.