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Opinions Feb. 7, 2011

Ricky E. Graham v. State of Indiana
22A01-1008-PC-392
Post conviction. Affirms post-conviction relief court properly rejected Graham’s claims of an inadequate factual basis or ineffective assistance of appellate counsel, and claims of fundamental error. The PCR court’s findings don’t support its rejection of his claim that his plea was illusory or involuntary. Remands for a new PCR hearing to address that issue and the question of the effectiveness of his trial counsel on the grounds raised in his PCR petition, should he resubmit his subpoena request for his trial counsel to appear at the new hearing.

CASA group to receive national diversity award

The National Court Appointed Special Advocate Association announced Thursday afternoon that it will honor Indianapolis-based Child Advocates Inc. with the National CASA Inclusion Award at their 30th Annual National CASA Conference in Chicago on March 20.

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.