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Opinions Oct. 21, 2010

October 21, 2010

Indiana Court of Appeals
Brenda Moore v. State of Indiana
49A04-1001-CR-46
Criminal. Reverses conviction of Class B misdemeanor public intoxication. Under the circumstances, Moore was not in a public place and therefore the evidence is insufficient to support a conviction of public intoxication. Judge Vaidik dissents.

ICADV honors 7 for outstanding service

October 21, 2010

St. Joseph Circuit Judge Michael Gotsch Sr. was recognized by the Indiana Coalition Against Domestic Violence Wednesday for his work addressing the needs of both children and victims of domestic violence. October is Domestic Violence Awareness month.

Court splits on public intoxication conviction

October 21, 2010

The Indiana Court of Appeals split today on whether a woman’s conviction of Class B misdemeanor public intoxication should be reversed because she wasn’t in a public place within the meaning of Indiana Code at the time police stopped her car.

Judge cautions about filing frivolous suits

October 21, 2010

A Northern District judge has warned two litigants that if they keep filing frivolous lawsuits they may be fined, sanctioned, or restricted.

Evansville Bar to collaborate with school for history video

October 21, 2010

As part of the Evansville Bar Association’s activities to commemorate its 100th anniversary, which will take place as part of their Law Day celebration in April 2011, the Evansville Vanderburgh School Corporation and the EBA announced today they will collaborate on a video of the last 100 years of the legal community in southwestern Indiana.

Courthouse renovations close courtrooms, move chambers

October 20, 2010

Because of major renovations under way at the Birch Bayh Federal Courthouse in Indianapolis, the locations of judges’ chambers have changed and courtrooms have closed.

Proposed settlement may net $25 million for environmental cleanup

October 20, 2010

The proposed settlement filed today in the bankruptcy case involving former General Motors sites could provide nearly $25 million for cleanup of eight Indiana sites with ties to the automaker.

Opinions Oct. 20, 2010 ILD

October 20, 2010

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Keesha Johnson v. State of Indiana (NFP)
49A04-1002-CR-98
Criminal. Reverses conviction of possession of marijuana as a Class D felony.

Howard Smallwood v. State of Indiana (NFP)
71A05-1001-PC-1
Post conviction. Affirms denial of petition for post-conviction relief.

Mark A. Rode v. State of Indiana (NFP)
91A04-1005-CR-263
Criminal. Affirms conviction of Class D felony theft.

Bruce Fivecoat v. State of Indiana (NFP)
03A01-1003-CR-132
Criminal. Affirms sentence following guilty plea to two counts of Class B felony armed robbery and one count of Class B felony criminal confinement.

Adoption of K.M.A.; R.R. v. Adoptive Parents (NFP)
29A02-1003-AD-499
Adoption. Affirms adoption order granted in favor of the adoptive parents.

Antrooine A. Manning v. State of Indiana (NFP)
45A03-1002-CR-65
Criminal. Affirms convictions of and sentence for Class B felony robbery, Class D felony resisting law enforcement, and adjudication as a habitual offender.

East Valparaiso LLC v. Physicians for Women, et al. (NFP)
64A05-1004-PL-222
Civil plenary. Affirms denial of East Valparaiso’s request for injunctive relief in a dispute over a lease agreement. Remands for further proceedings consistent with the opinion regarding the parties’ remaining claims and counterclaims.

Term. of Parent-Child Rel. of A.A. and D.R.; C.A. and J.H. v. IDCS (NFP)
48A02-1003-JT-317
Juvenile. Affirms termination of parental rights.

Marlet D. Turpin v. State of Indiana (NFP)
49A02-1003-CR-285
Criminal. Affirms convictions of Class A felony and Class C felony child molesting.

Indiana Tax Court had posted no opinions at IL deadline.

Opinions Oct. 20, 2010

October 20, 2010

Indiana Court of Appeals
J.B. v. E.B.
34A04-1002-DR-110
Domestic relation. Reverses trial court decision to exclude son’s counseling records at a custody modification hearing. The instant case is a proceeding within the purview of Indiana Code Section 31-32-11-1 and the counselor/client privilege does not apply. Remands for further proceedings. 

COA: Candidate remains on ballot

October 20, 2010

The Republican winner of the primary election for Indiana House of Representatives District 74 will remain on the ballot for the general election, the Indiana Court of Appeals ruled today.

Juvenile’s records not protected by counselor/client privilege

October 20, 2010

The Howard Superior Court erred in finding that the counselor/client privilege prevented the admission of a son’s counseling records during a custody modification hearing, the Indiana Court of Appeals ruled today.

Opinions Oct. 19, 2010 ILD

October 19, 2010

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Carla Johnson and Michael Johnson v. State of Indiana (NFP)
49A05-0911-CR-651
Criminal. Affirms Carla’s convictions of Class B felonies neglect of a dependent and battery, and affirms Michael’s conviction of Class B felony neglect.

Term. of Parent-Child Rel. of C.H.; L.M. v. I.D.C.S. (NFP)
49A04-1003-JT-201
Juvenile. Affirms involuntary termination of parental rights.

The Matter of M.C. v. State of Indiana (NFP)
49A02-1003-JV-437
Juvenile. Affirms restitution order following M.C.’s adjudication as a delinquent child for committing what would be Class D felony theft if committed by an adult.

Robert Martin v. State of Indiana (NFP)
47A01-1005-CR-269
Criminal. Affirms conviction of Class C felony child molesting.

William D. Osborn v. State of Indiana (NFP)

27A04-0911-CR-670
Criminal. Affirms convictions of three counts of Class C felony child molesting.

Anthony Williams v. State of Indiana (NFP)
49A02-1001-PC-66
Post conviction. Affirms denial of petition for post-conviction relief.

Randal L. Pryor v. State of Indiana (NFP)
20A03-0912-PC-615
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.

 

Opinions Oct. 19, 2010

October 19, 2010

Indiana Court of Appeals
Carla Johnson and Michael Johnson v. State of Indiana (NFP)
49A05-0911-CR-651
Criminal. Affirms Carla’s convictions of Class B felonies neglect of a dependent and battery, and affirms Michael’s conviction of Class B felony neglect.

Supreme Court appoints new justice’s Circuit Court replacement

October 19, 2010

The Indiana Supreme Court has appointed a judge who will fill a vacancy on Boone Circuit Court caused by The Hon. Steven David becoming the newest state justice. The high court appointed attorney J. Jeffrey Edens as judge pro tempore in Boone Circuit Court.

Attorney sues condo developer over accessibility

October 19, 2010

A resident of the 3Mass condo development who uses an electric wheelchair is suing the developers for failing to provide handicap accessibility to a rooftop terrace overlooking downtown Indianapolis.

Ukrainian delegates visit Indianapolis, observe legal system

October 19, 2010

Six delegates from the Ukraine’s legal community will be in Indianapolis through Saturday to learn about the American legal system by observing court hearings and meeting with members of the legal community, as well as participating in cultural activities.

Fraud, Forensics, Valuations…. Oh My!

October 19, 2010

November 11, 2010 1:15 PM EST
The Westin Indianapolis, Downtown, Indianapolis

Federal Civil Practice – South

October 19, 2010

December 17, 2010 1:00 PM EST
Barnes & Thornburg, Indianapolis

New justice joins the Indiana Supreme Court

October 18, 2010

The state now has its 106th justice on the Indiana Supreme Court. Justice Steven H. David officially took his oath and donned his black robe for the state’s highest court today, culminating a process that began with a May announcement that Justice Theodore R. Boehm was stepping down from the bench. Gov. Mitch Daniels chose the 15-year Boone Circuit judge about a month ago.

Opinions Oct. 18, 2010 ILD

October 18, 2010

Indiana Supreme Court, Indiana Court of Appeals, and Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to 12 cases for the week ending Oct. 15.

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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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