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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.
Hamilton Superior Judge William J. Hughes was arrested for drunk driving last week while vacationing in the Outer Banks of North Carolina.
The Indiana Supreme Court will hear a case in which a dissenting Court of Appeals judge worried that the majority’s finding would head toward a bright-line rule regarding the officer safety exception to the warrant requirement in the context of a car on the side of the road.
The Indiana Supreme Court, Indiana Court of Appeals, and Indiana Tax Court were closed in observance of Election Day.
The Indiana Supreme Court granted three transfers and denied 12 for the week ending Oct. 26.
The Indiana Supreme Court, Indiana Court of Appeals, and Indiana Tax Court were closed in observance of Election Day.
The third annual “Court History Symposium: Court History and History in the Making” CLE will feature remarks from Southern District judges as the court enters a new era.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Michael J. Shepard v. State of Indiana (NFP)
82A05-1002-CR-94
Criminal. Affirms conviction of Class D felony resisting law enforcement and Class C misdemeanor operating a vehicle with an alcohol concentration of 0.08 or more.
Phillip Ibrahim v. Automotive Finance Corp. (NFP)
49A02-1002-CC-99
Civil collection. Affirms summary judgment in favor of Automotive Finance Corporation on its complaint for breach of contract, breach of guaranty, fraud, and check deception.
Term. of Parent-Child Rel. of D.M., et al.; H.M. and D.M. v. I.D.C.S. (NFP)
20A04-1003-JT-204
Juvenile. Affirms involuntary termination of parental rights.
R.E. v. B.L. (NFP)
02A03-1002-DR-111
Domestic relation. Affirms order granting maternal aunt B.L.’s petition for custody of R.E.’s daughter.
Jane Lareau v. Ernest Lareau (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2010/november/11011002ehf.pdf
79A05-1002-DR-117
Domestic relation. Affirms orders deciding issues that arose after dissolution of marriage.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Michael J. Shepard v. State of Indiana (NFP)
82A05-1002-CR-94
Criminal. Affirms conviction of Class D felony resisting law enforcement and Class C misdemeanor operating a vehicle with an alcohol concentration of 0.08 or more
A federal judge ruled in favor of an Indianapolis attorney involved in a class-action suit alleging he violated the Fair Debt Collection Practices Act. The judge granted summary judgment to the attorney after finding the class representative fell outside the class definition.
The Indiana Supreme Court denied a request for a writ of mandamus Friday, but noted that the attorneys and court involved had failed to act as professionally as they should regarding schedules.
After serving clients in the Fort Wayne area for several years, Bose McKinney & Evans today opened an office in the city that will also house the Bose Public Affairs Group.
The following opinion was posted after IL deadline Thursday.
Indiana Tax Court
Dale J. Scopelite and James T. Sheehan v. Indiana Dept. of Local Government Finance (NFP)
49T10-0812-TA-71
Tax. Affirms the Department of Local Government Finance’s final determination approving the City of Hammond’s budget and tax levy for the 2008 tax year.
Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
J.M. v. D.A.
43A03-1003-DR-183
Domestic relation. Affirms denial of father’s petition to modify child support. The trial court did not err by imputing potential earnings in father’s weekly gross income for purposes of calculating his support obligation after he became a full-time student. Reverses finding father in contempt because the trial court did not find that father has the financial ability to comply. Judge Bradford concurs in part, dissents in part.
Douglas Denzell v. State of Indiana
49A02-1001-CR-89
Criminal. Affirms denial of Denzell’s motion to dismiss criminal charges of Class A misdeneaor resisting law enforcement and Class B misdemeanor public intoxication. Denzell does not satisfy the test in Davis and Habibzadah to show a due process violation because there remains the possibility that he will be restored to competency, even though he cannot be sentenced to an additional term if convicted.
Y.G. v. Review Board
93A02-1004-EX-538
Civil. Affirms denial of unemployment benefits. There is no indication Y.G. explained his limitations or sought an alternative placement until such time as his disability subsided.
Rebecca Reed-Harrison v. State of Indiana (NFP)
49A04-0912-CR-740
Criminal. Affirms denial of motion to dismiss criminal charge. Remands with instructions.
State of Indiana v. Lynn Wilson (NFP)
49A02-1003-PC-644
Post conviction. Reverses grant of Wilson’s petition for post-conviction relief.
Ivette Haylett v. State of Indiana (NFP)
49A02-1002-CR-113
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.
Charles Huntley v. State of Indiana (NFP)
49A02-1004-CR-401
Criminal. Affirms convictions of murder and Class A misdemeanor carrying a handgun without a license which was enhanced to a Class C felony due to a prior conviction.
Joel Williams v. State of Indiana (NFP)
18A05-1002-CR-52
Criminal. Affirms sentence following guilty plea to five Class B felonies.
Michael Clay v. State of Indiana (NFP)
20A03-1002-CR-56
Criminal. Affirms convictions of robbery resulting in serious bodily injury as a Class A felony and illegal consumption of alcohol by a minor
Term. of Parent-Child Rel. of A.K.; S.K. v. IDCS (NFP)
76A03-1004-JT-247
Juvenile. Affirms involuntary termination of parental rights.
Tracy D. Price v. State of Indiana (NFP)
48A02-1004-CR-399
Criminal. Affirms decision to order the execution of Price’s suspended sentence after he violated probation terms.
Peters Broadcast Engineering v. WROI-FM (NFP)
25A03-1005-SC-260
Small claims. Affirms judgment in favor of the radio station in a dispute over alleged unpaid balance plus interest of invoices for repair and installation services performed for the station.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
John Taele and Sarah Taele v. State Farm Mutual Automobile Insurance Co.
06A01-1004-CT-259
Civil tort. Affirms summary judgment in favor of State Farm. The Taeles aren’t entitled to recover uninsured motorist benefits under their State Farm policy because they themselves were neither directly impacted nor directly physically injured by the accident that killed their daughter. Judge Crone dissents.
The state’s voyeurism statute is not unconstitutionally vague, the Indiana Court of Appeals concluded today by rejecting a man’s claims that the statute would prevent taping a surprise birthday party.
The Indiana Court of Appeals split today on whether a couple’s emotional distress claim constitutes “bodily injury” under their uninsured motorist coverage.
The Indiana Supreme Court has approved amendments to the Indiana small claims and trial procedure rules.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Robert D. Davis v. State of Indiana
32A01-1003-CR-144
Criminal. Affirms denial of Davis’ motion for leave to amend his motion to correct erroneous sentence. The information before the appellate court doesn’t allow it to decide whether he was erroneously sentenced.
Kelvin Heyen v. State of Indiana
84A04-1002-CR-134
Criminal. Affirms conviction of and sentence for Class B felony dealing in methamphetamine and being a habitual offender. Heyen’s claim the evidence was stale fails; he didn’t show that the confidential informant’s identity was unknown to him, the evidence is sufficient to show he dealt methamphetamine and that he is an habitual offender, and his trial counsel didn’t render ineffective assistance.
Marvin G. Jerro v. State of Indiana (NFP)
45A04-1001-CR-38
Criminal. Affirms convictions of two counts of Class A felony dealing in cocaine, one count of Class C felony possession of cocaine, and finding Jerro is a habitual offender.
Donald A. Pierce v. State of Indiana (NFP)
13A04-0908-CR-480
Criminal. Affirms convictions of three counts of Class A felony child molesting and one count of Class C felony child molesting. Remands with instructions to attach Pierce’s fixed 10-year term for being a repeat sexual offender to one of his Class A felony sentences for an aggregate sentence of 134 years.
Dion Alexander Walker v. State of Indiana (NFP)
02A03-1005-PC-250
Post conviction. Affirms denial of petition for post-conviction relief.
Richard D. Stewart v. State of Indiana (NFP)
42A05-0912-CR-705
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, Class D felony possession of methamphetamine, and Class D felony maintaining a common nuisance.
Joseph Hoskins v. State of Indiana (NFP)
49A02-1004-CR-524
Criminal. Affirms conviction of possession of marijuana as a Class A misdemeanor.
Micah Potter v. State of Indiana (NFP)
89A05-1006-CR-391
Criminal. Affirms execution of Potter’s previously suspended sentence upon the revocation of her probation.
Paternity of C.W.R.; C.W. v. F.R. (NFP)
31A01-1002-JP-47
Juvenile. Affirms order denying mother C.W.’s petition to modify custody of C.W.R.
Samuel Johnson v. State of Indiana (NFP)
49A05-1003-CR-171
Criminal. Affirms sentence following guilty plea to Class A felony rape, Class A felony criminal deviate conduct, Class B felony robbery, and Class C felony intimidation.
Donald K. Wilburn v. State of Indiana (NFP)
45A03-1001-CR-24
Criminal. Affirms convictions of Class B felony rape and Class B felony criminal deviate conduct.
Anthony R. Helton v. State of Indiana (NFP)
29A02-1002-CR-183
Criminal. Affirms convictions of eight counts of Class D felony theft.
Martin A. Stanley v. State of Indiana (NFP)
02A03-1003-CR-209
Criminal. Affirms sentence following guilty plea to Class B felony arson.
William Greenwood v. State of Indiana (NFP)
43A03-1005-CR-322
Criminal. Affirms sentence following guilty plea to Class C felonies child molesting and child exploitation and remands for correction of clerical errors.
Antoine R. Bird v. State of Indiana (NFP)
71A03-1003-CR-170
Criminal. Affirms sentence following guilty plea to Class B felony robbery and felony murder.
Clarence Davis v. State of Indiana (NFP)
71A04-1003-CR-273
Criminal. Affirms six-year sentence imposed following probation violation.
Randy A. Cummings v. State of Indiana (NFP)
18A04-1001-CR-32
Criminal. Affirms conviction of Class A felony attempted murder.
Walter Archer, III v. State of Indiana (NFP)
71A03-1001-CR-32
Criminal. Affirms convictions of Class C felony carrying a handgun without a license.
Indiana Tax Court had posted no opinions at IL deadline.