MCBA fall event postponed to spring
The Marion County Bar Association has postponed the Kuykendall-Conn Celebration Dinner that was scheduled for Nov. 5.
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Opinions Oct. 13, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
State of Indiana v. Eric Booher, et al.
18A04-0910-CV-599
Civil. Reverses award of pre-judgment and post-judgment interest to the Boohers and Nortra Inc. Based on the language in the settlement agreements, the agreements didn’t contemplate any pre-judgment interest other than that accrued on the amounts previously deposited by the state. Remands for a calculation of post-judgment interest because the record doesn’t reveal when or if the state paid the Boohers the remaining principal payment or when the state paid the remaining principal payment under the Nortra judgment.
Larry E. Hyatt v. State of Indiana (NFP)
48A04-0912-CR-735
Criminal. Affirms convictions of four counts of dealing in cocaine as Class B felonies and one count of maintaining a common nuisance as a Class D felony.
Clarence T. Hunt v. State of Indiana (NFP)
73A04-1001-CR-39
Criminal. Affirms convictions of two counts of Class A felony dealing in a narcotic drug.
Jason Akemon v. State of Indiana (NFP)
38A02-1003-CR-307
Criminal. Affirms conviction of Class B felony rape.
Shavaughn C. Wilson v. State of Indiana (NFP)
49A02-1002-PC-326
Post conviction. Affirms denial of petition for post-conviction relief.
Ronald B. Blake v. State of Indiana (NFP)
73A01-1002-CR-123
Criminal. Affirms sentence following guilty plea to operating a vehicle after forfeiture for life as a Class C felony.
Christopher James Hovious v. State of Indiana (NFP)
79A02-1003-CR-354
Criminal. Affirms revocation of probation.
Kevin Andrew Kohler v. State of Indiana (NFP)
35A02-1002-CR-175
Criminal. Affirms convictions of Class A felony child molesting and two counts of Class C felony child molesting.
Sabrina Wright v. State of Indiana (NFP)
49A04-1002-CR-57
Criminal. Affirms conviction of battery on a law enforcement officer as a Class A misdemeanor.
Willard Bolton v. Nanette Bolton (NFP)
34A05-1002-DR-59
Domestic relation. Reverses the valuation of certain marital assets and finding Willard in contempt of the court’s Dec. 7, 2009, order. Affirms denial of his request for permanent spousal maintenance, ordering of an unequal division of marital assets, and not awarding Willard attorney’s fees.
M.B. v. State of Indiana (NFP)
49A02-1002-JV-241
Juvenile. Reverses modification of probation to the Department of Correction and remands for an evidentiary hearing.
Jessica Haylett v. State of Indiana (NFP)
49A04-1002-CR-64
Criminal. Affirms conviction of Class A misdemeanor criminal mischief.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Oct. 13, 2010
7th Circuit Court of Appeals
United States of America v. Cruz Saenz
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms conviction of conspiring to distribute more than 5 kilograms of cocaine but vacates his 293-month sentence. Rejects Saenz’s speedy trial challenge because nearly all of the delay is attributable to requests by Saenz or his co-defendants and the court didn’t error in imposing an obstruction of justice enhancement by concluding Saenz willfully lied about whether he knew the money he was transporting was drug money. Remands for the District Court to reconsider whether Saenz should receive the minor role adjustment as there is no evidence in the record of his involvement in a conspiracy beyond the single transport of money.
Teen jumps over balcony at Hendricks County courthouse
A teen appearing in court for an initial hearing on a battery charge jumped over a railing at the Hendricks County courthouse this morning, falling 31 feet.
7th Circuit orders lower court to consider a minor participant reduction
The 7th Circuit Court of Appeals vacated a man’s lengthy sentence for transporting drug money because the District Court needs to determine whether the man should receive a minor participant reduction since he only transported money one time.
Court: stipulation can be in preliminary jury instructions
Even though a defendant waived his argument for appeal that a stipulation may not be placed before a jury via preliminary jury instructions, the Indiana Court of Appeals held the opposite today in a case involving a conviction of unlawful possession of a firearm by a serious violent felon.
State bar releases results of COA retention survey
If the results of the Indiana State Bar Association’s 2010 Judicial Retention Poll are any indicator of next month’s election, then the five Indiana Court of Appeals judges up for a vote will be easily retained.
Indiana Judicial Nominating/Qualifications Commissions candidates Q&A
Read the answers to questions posed by Indiana Lawyer to the five attorneys – Jan Carroll, David Hennesy, Kathy Osborn, Joel Schumm, and William Winingham – vying for a spot on the Indiana Judicial Nominating/Qualifications Commissions.
Indiana Court of Appeals Judicial Retention Q&A
Indiana Lawyer posed 11 questions to the five Indiana Court of Appeals judges who are facing retention this year – Judges L. Mark Bailey, Melissa S. May, Margret G. Robb, Cale J. Bradford, and Elaine B. Brown.
7th Circuit finds for energy plant
The 7th Circuit Court of Appeals today reversed a decision out of Indiana regarding a claim by the Environmental Protection Agency that Cinergy Corp. was wrong to modify its coal-burning plants without first obtaining a permit from the EPA.
Opinions Oct. 12, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
In Re the Guardianship of A.M.N.; M.N. and E.N. v. B.C. (NFP)
39A01-1001-GU-73
Guardianship. Affirms trial court did not abuse its discretion in terminating the grandparents’ guardianship in favor of mother.
Kenneth Pairsh v. Annette Pairsh (NFP)
18A02-1002-DR-151
Domestic relation. Affirms trial court’s denial of Kenneth Pairsh’s request for spousal maintenance and its distribution of marital property
Emmanuel T. Williams v. State of Indiana (NFP)
45A04-1003-CR-199
Criminal. Affirms 15-year sentence for Class B felony aggravated battery.
Anthony Williams v. State of Indiana (NFP)
29A02-1002-CR-352
Criminal. Affirms conviction of Class D felony auto theft.
Luther J. Gant v. State of Indiana (NFP)
02A03-1004-CR-208
Criminal. Affirms conviction of Class B felony robbery and 15-year sentence.
Ronnie Drane v. State of Indiana (NFP)
45A03-0912-PC-600
Post conviction. Affirms denial of post-conviction relief.
Michelle Woods v. State of Indiana (NFP)
49A04-1002-CR-119
Criminal. Affirms convictions of Class A misdemeanor battery on a law enforcement officer, Class A misdemeanor resisting law enforcement, and Class B misdemeanor disorderly conduct.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Oct. 12, 2010
7th Circuit Court of Appeals
United States of America and State of New York, et al. v. Cinergy Corp., et al.
No. 1:99-CV-1693
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Reverses District Court ruling in the government’s favor regarding modifications involving sulphur dioxide emissions because Cinergy met the standard that was authorized by a state plan the Environmental Protection Agency approved. Finds the District Court should not have admitted evidence by the EPA’s expert witnesses. Rules that without expert testimony to support an estimate of actual emissions caused by the modifications, the government cannot prevail with respect to the charge of nitrogen oxide pollution. Dismisses cross-appeal.
Pending dissolution settlement not enforceable upon a party’s death
A property-settlement document is not an enforceable contract if one of the parties dies before the dissolution action is finalized, the Indiana Court of Appeals ruled today.
ISBA panel still studying ALJ issues
Gov. Mitch Daniels fired the state’s top utility regulator recently, citing ethical concerns about how a now-former administrative law judge presided over cases involving a regulated energy company leading up to his taking a job there.
Actual notice denies bona fide purchaser defense
The Indiana Court of Appeals today reversed an interlocutory order and remanded for the trial court to grant prejudgment possession of farm equipment to a company that had security interest in it even though it had been traded to another company.
SCOTUS rejects two Indiana cases
The Supreme Court of the United States has declined to get involved in two appeals out of Indiana, upholding federal or state rulings on both cases.
Commissions applicants Q&A online
Read the responses from the five Indiana Judicial Nominating and Qualification commissions nominees to questions posed by Indiana Lawyer.
Hickey:The Many Faces of IndyBar
Earlier this year, I promised that we would introduce you to the many faces of the Indianapolis Bar Association.
IBA: Gelinas and Hepler to Receive Antoinette Dakin Leach Award
Julia Blackwell Gelinas, Partner of Frost Brown Todd LLC, and the late Deborah Hepler will be honored with the Antoinette Dakin Leach Award on October 20 from the Women and the Law Division of the Indianapolis Bar Association.