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Court examines statute about paternity, child support

December 21, 2010

The Indiana Court of Appeals ruled on a matter of first impression today, analyzing a specific state statute relating to how a court can cancel child support arrearage after a man’s paternity is vacated based on new genetic testing.

Opinions Dec. 21, 2010 ILD

December 21, 2010

7th Circuit Court of Appeals
United States of America v. Lawrence Taylor

10-1304
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms Taylor’s sentences for bank robbery and for violating terms of his supervised release relating to an earlier bank robbery conviction, but orders a limited remand. The District Court erred by treating the policy statement recommendation in U.S.S.G. Section 7B1.3(f) as mandating consecutive sentencing for Taylor’s 2008 bank robbery case and his supervised release case.

Indiana Court of Appeals
James McGraw v. State of Indiana
49A04-1004-CR-238
Criminal. Affirms denial of motion to withdraw guilty plea to Class B felony dealing in cocaine. McGraw didn’t establish the withdrawal of his plea is necessary to correct a manifest injustice.

Sherene M. Poling v. State of Indiana
90A05-1006-CR-421
Criminal. Affirms conviction of Class D felony theft. The trial court didn’t abuse its discretion by refusing to instruct the jury on criminal conversion because there was no serious evidentiary dispute regarding Poling’s intent to deprive the store of the cigarettes’ value or use. She waived her claim of prosecutorial misconduct and could not show fundamental error.

James Williams v. State of Indiana (NFP)
49A02-1002-PC-365
Post conviction. Affirms denial of petition for post-conviction relief.

James Ross v. State of Indiana (NFP)
49A04-0912-CR-710
Criminal. Affirms revocation of probation. Remands for determination of whether Ross is entitled to jail time credit.

Tyrone L. Townsell v. State of Indiana (NFP)
89A01-1005-CR-232
Criminal. Affirms conviction of Class D felony possession of marijuana.

Douglas N. White v. State of Indiana (NFP)
48A05-1004-CR-317
Criminal. Affirms revocation of probation and imposition of entire suspended sentence.

Ryan Rogers v. State of Indiana (NFP)
79A05-1005-CR-265
Criminal. Affirms conviction of neglect of a dependent as a Class B felony.

Christopher M. Sutton v. State of Indiana (NFP)
01A05-1002-CR-75
Criminal. Affirms conviction of Class A felony child molesting.

Arenzo Richmond v. State of Indiana (NFP)
49A02-1004-CR-449
Criminal. Affirms convictions of and sentences for confinement, robbery, and attempted robbery, all as Class B felonies. Remands for the trial court to amend the abstract of judgment. Judge Barnes dissents in part.

Rodney Roscoe v. State of Indiana (NFP)
49A02-1004-CR-456
Criminal. Affirms convictions of operating a vehicle while intoxicated as a Class A misdemeanor and driving while suspended as a Class A misdemeanor.

D.B. v. State of Indiana (NFP)
49A04-1004-JV-294
Juvenile. Affirms adjudication as a delinquent for committing what would be Class C felony child molesting, Class A misdemeanor resisting law enforcement, and Class B misdemeanor criminal mischief if committed by an adult.

Chretien Arnold v. State of Indiana (NFP)
45A03-1004-CR-210
Criminal. Affirms convictions of two counts of Class B felony robbery.

Walter Angermeier, et al. v. Indiana Farmers Mutual Ins. Group (NFP)
65A04-1004-PL-230
Civil plenary. Affirms summary judgment for Indiana Farmers Mutual Insurance Group in Angermeier’s suit that it breached its duty to deal with Angermeier in good faith.  

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Dec. 21, 2010

December 21, 2010

7th Circuit Court of Appeals
United States of America v. Lawrence Taylor

10-1304
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms Taylor’s sentences for bank robbery and for violating terms of his supervised release relating to an earlier bank robbery conviction, but orders a limited remand. The District Court erred by treating the policy statement recommendation in U.S.S.G. Section 7B1.3(f) as mandating consecutive sentencing for Taylor’s 2008 bank robbery case and his supervised release case.

Justice’s first ruling affirms murder convictions, life sentence

December 21, 2010

Indiana Supreme Court Justice Steven David issued his first decision as a member of the state’s highest court, affirming a life without parole sentence in a murder case out of Hamilton County.

Competition concludes at finals

December 21, 2010

Following the We the People: The Citizen and the Constitution mock congressional hearing state finals, which took place Dec. 12-13 for high school students and Dec. 14 for middle school students, organizers announced that a team from Munster High School will represent Indiana at the national competition held in Washington, D.C., in April 2011.

IBA: Did You Know?

December 21, 2010

For around $20 per month, IndyBar members can join the Lawyer Referral Service, which refers nearly 400 potential clients per month.

Southern District rules amended

December 21, 2010

Several Local Rules of the United States District Court for the Southern District of Indiana have been amended. The changes are effective Jan. 1.

IBA: IndyBar Paralegals Donate 3,552 Stuffed Animals to Bears on Patrol

December 21, 2010

More than 3,500 stuffed animals were collected in the 2010 Teddy Bear Challenge, an annual collection effort spearheaded by the IndyBar Paralegal Executive Committee.

IBA Frontlines

December 21, 2010

Frontlines for Dec. 22, 2010-Jan. 4, 2011

IBA: It’s Safe to Ask for Help

December 21, 2010

Whether you are a sole practitioner or an attorney in a 200 attorney law firm, you have probably had a question at some point in your career that you struggled to answer – or perhaps you simply wanted a second opinion.

IBA: New Commissioners Assigned to Marion Superior Courts

December 21, 2010

The Marion Superior Court has announced the hiring of four new Commissioners to serve the Courts.

Hickey: 5,000 Wishes

December 21, 2010

This year began with a wish: that the Indianapolis Bar Association would flourish and that our community of remarkable people, wonderful lawyers and great friends would grow even stronger.

IBA: Happy Holidays

December 21, 2010

Photos from the IndyBar’s annual holiday party.

IBA: Include The IBF In Your Year-End Giving

December 21, 2010

Happy Holidays! Hopefully, this is the time of year that each of us can catch our breath and focus on how fortunate we are to be able to participate in this profession.

IBA: Voyles to be Honored with Buchanan Award

December 21, 2010

A blue ribbon selection committee acting on behalf of the Indianapolis Bar Association and the Indianapolis Bar Foundation has announced the selection of James H. Voyles Jr. of Voyles Zahn Paul Hogan & Merriman as a recipient of the IndyBar’s prestigious Hon. Paul H. Buchanan Jr. Award of Excellence.

IBA: Interrogations – Indiana to Provide More Safeguards; SCOTUS Takes Some Away

December 21, 2010

The effective date of Rule 617 of the Indiana Rules of Evidence is only a couple of weeks away.

6 counties get federal grant for drug courts

December 21, 2010

Drug courts in Delaware, Marion, Monroe, Spencer, Vanderburgh, and Vigo counties will share $1 million from a Bureau of Justice Assistance Drug Court Discretionary Grant, the Indiana Supreme Court announced today. The award will help courts increase graduation rates and lower recidivism.

On The Move – 12/22/10

December 21, 2010

See who’s been honored and promoted.

Bar associations team up for ‘Santa’ program

December 21, 2010

The Indiana State Bar Association’s Young Lawyers Section partnered with the James C. Kimbrough Bar Association to sponsor their first program together, “Santa’s Been Sued.”

Federal Bar Update: Dec. 1 rule changes now in effect

December 21, 2010

As previewed in prior columns, effective Dec. 1 various amendments took effect to the Federal Rules of Civil Procedure (as well as appellate, criminal, and evidence rules).

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • List of new Indiana laws approved this year

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

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