Pre-trial ID of attacker allowed at trial
The trial court didn’t err in allowing a victim’s pre-trial identification of his attacker, the Indiana Court of Appeals ruled today in a matter of first impression.
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Opinions Sept. 30, 2010
Indiana Court of Appeals
State of Indiana v. James G. Lucas
91A05-1003-CR-247
Criminal. Reverses and remands Lucas’s motion to suppress results from a Datamaster chemical breath test in jail, following two failed portable breath tests in the field. Rules a portable breath test mouthpiece is not a foreign substance that will act to invalidate the results of a Datamaster.
First impression case on mouthpieces as ‘foreign substance’
In a matter of first impression, a portable breath test mouthpiece isn’t a foreign substance that will act to invalidate the results of a blood alcohol content Datamaster chemical breath test, the Indiana Court of Appeals ruled today.
Senate confirms Indy lawyer as new U.S. Attorney
An Indianapolis lawyer has gotten approval to become the next U.S. Attorney for the Southern District of Indiana, ending a three-year gap since last time a U.S. Senate confirmed leader held that post.
High court orders new murder trial
The Indiana Supreme Court overturned a Fulton County man’s murder sentence because a detective continued with the interview even after the man invoked his right to counsel several times.
New grant available for Indiana legal history projects
If you’ve wanted to print walking-tour brochures or create an oral history of your county’s courthouse, there’s now a grant that can help you achieve that goal.
Hogsett confirmed as U.S. Attorney
Indianapolis attorney Joe Hogsett has gotten approval from the full Senate to be the next U.S. Attorney for the Southern District of Indiana.
Opinions Sept. 29, 2010 ILD
Today’s opinions
Indiana Supreme Court
State of Indiana v. Craig Cooper
49S02-1004-PC-220
Post conviction. Reverses grant of relief by the post-conviction court. The reading of the charge and the Indianapolis police officer’s statements that he works in Indianapolis and saw Cooper at an Indianapolis address coupled with Cooper’s acknowledgement of those statements constituted a sufficient demonstration that the events happened in Marion County in 1999. Directs that the conviction be reinstated.
Indiana Court of Appeals
Capital Drywall Supply, Inc. and Old Fort Building Supply Co., Inc. v. Jai Jagdish, Inc. and Ranjan Amin
71A03-1004-PL-189
Civil plenary. Affirms grant of the cross-motion of summary judgment filed by Jai Jagdish Inc. and Ranjan Amin on Capital Drywall and Old Fort’s cross-claims to foreclose on mechanic’s liens. Any error in the trial court’s ruling that limited the admissibility of the affidavit of Pamela Hartman was harmless because the lien claimants didn’t comply or substantially comply with the mechanic’s lien statute. The lien claimants didn’t perfect their liens because they both used an incorrect owner’s name in their notices of intent to hold a lien; and the lien claimants didn’t substantially comply with the mechanic’s lien statute when they listed an incorrect owner’s name on their lien notices, even if such information was obtained by telephone from the public office designated by statute.
Gregory A. Jones v. State of Indiana (NFP)
71A03-1002-CR-212
Criminal. Affirms conviction of possession of cocaine as a Class D felony.
Phillip Lawton v. State of Indiana (NFP)
71A04-1004-CR-267
Criminal. Affirms conviction of Class B felony rape.
Michael O. Branch v. State of Indiana (NFP)
84A05-1004-CR-259
Criminal. Affirms conviction of and sentence for Class D felony theft.
Terry R. Twitty, Sr. v. State of Indiana (NFP)
32A01-1001-PC-19
Post conviction. Affirms post-conviction court didn’t err by denying claim of ineffective assistance of appellate counsel or by not appointing counsel for Twitty’s post-conviction relief proceedings and subsequent re-sentencing. The post-conviction court erred by granting Twitty relief and by re-sentencing him under Blakely. Remands with instructions to restore his original sentence.
Rudolph V. Williams v. State of Indiana (NFP)
71A05-1004-CR-147
Criminal. Affirms conviction of Class C felony robbery.
Lafayette Caldwell v. State of Indiana (NFP)
45A03-1003-PC-156
Post conviction. Affirms denial of successive petition for post-conviction relief.
David Reynolds v. State of Indiana (NFP)
06A01-0802-PC-67
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 29, 2010
Indiana Supreme Court
Efren R. Diaz v. State of Indiana
20S05-0911-PC-521
Post conviction. Refusing to admit the chart on grounds of hearsay was an error. It was prepared by an expert witness of Diaz on the misinterpretations between what the court said in English and what the translator told Diaz in Spanish, and the witness’ expertise was hindered by its exclusion. The evidence before the post-conviction court doesn’t reveal whether Diaz was provided with accurate interpreting. Directs the trial court to commission its own translation of the plea hearing and the sentencing hearing to rehear such evidence to answer whether Diaz’s plea was voluntary and intelligent.
Vested employer-provided health-insurance premiums are an asset
The Indiana Supreme Court held that employer-provided health-insurance benefits constitute an asset once they have vested in a party to the marriage, and addressed for the first time the possible methods of valuing these benefits in marriage dissolution. This conclusion led one justice to dissent because it disrupts existing dissolution property division law.
Supreme Court affirms sexually violent predator status
A man’s challenge to the finding that he is a sexually violent predator failed because the invited error doctrine precludes consideration of his claims on appeal, the Indiana Supreme Court ruled today.
SCOTUS asked to take both judicial canons appeals
A Terre Haute attorney wants the nation’s highest court to review two appellate cases out of Indiana and Wisconsin that uphold judicial canons and pose free speech questions about what judicial candidates can say or do when campaigning for office.
Justices remand to see if defendant had accurate interpreting
The Indiana Supreme Court ordered the post-conviction court to hold a new hearing for a Mexican man who claimed he didn’t mean to plead guilty to two felonies and did so only because of faulty interpreting in court.
Judicial candidacy appeal moving quickly
The Indiana Supreme Court has refused to sidestep the state’s intermediate appellate court on a judicial election issue from Lake County, which involves a prospect for the bench being able to stay on the ballot.
Majority orders new requirement for pro se defendants with little guidance
Three Indiana Supreme Court justices created a new requirement as an exercise of supervisory powers when it comes to informing future defendants about the dangers of proceeding pro se, leaving two justices to dissent because the new requirement provides no guidance as to what trial courts must do or say.
Court: team-building activity not under insured conditions
The Indiana Court of Appeals today affirmed summary judgment in favor of an insurance company, noting a soccer team’s accident while traveling to an activity outside of the trip’s purpose was not covered.
Candidates for Marion County prosecutor debate Wednesday
Marion County Republican prosecutor candidate Mark Massa and Democratic candidate Terry Curry will discuss their positions on various topics at a debate tomorrow.
Supreme Court will have 18-day gap between justices
The Indiana Supreme Court will be missing one of its five members for almost three weeks as its new justice wraps up remaining business on the Boone Circuit Court before taking the appellate bench.
Opinions Sept. 28, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Christopher Casady v. State of Indiana
53A01-0909-CR-431
Criminal. Rules trial court did not err in denying Casady’s motion to dismiss because he failed to show how he was harmed by the state filing additional charges and the subsequent dismissal of the original charges; the evidence was sufficient to support his convictions of 16 counts of Class D felony voyeurism; the warrants to search Casady’s camera and home were properly supported by probable cause; the trial court did not err in admitting evidence seized during execution of the warrants; Casady waived any argument that the videotapes admitted into evidence were unfairly prejudicial; and his 18-year sentence with 12 years suspended was not inappropriate.
D.C. v. K.C. (NFP)
45A03-0912-CV-609
Civil. Affirms trial court order granting modification of custody from father to mother.
John Pearson v. State of Indiana (NFP)
49A02-1002-CR-127
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
William Washington v. State of Indiana (NFP)
49A05-1002-CR-113
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.
Adam L. Blake v. State of Indiana (NFP)
49A05-0912-CR-742
Criminal. Affirms conviction of unlawful possession of a firearm by a serious violent felon, a Class B felony.
Michael Myers v. State of Indiana (NFP)
84A01-1002-CR-82
Criminal. Affirms revocation of probation and rules the trial court did not abuse its discretion by ordering Myers to serve the remaining 4 years of his previously suspended sentence.
Timothy L. King v. State of Indiana (NFP)
49A02-1002-CR-191
Criminal. Affirms trial court ruling that King serve 8 years of his previous sentence in the Department of Correction after revocation of probation and community corrections placement.
Joshua Peter Lindsey v. State of Indiana (NFP)
29A02-1002-CR-318
Criminal. Affirms 35-year sentence for Class A felony attempted murder conviction, 35-year sentence for Class A felony kidnapping conviction, and 12-year sentence for Class B felony attempted escape conviction – all to be served concurrently. Rules trial court’s statement regarding victim was harmless error.
Ronald A. Manley v. State of Indiana (NFP)
29A04-1002-PC-60
Post-conviction. Affirms denial of petition for post-conviction relief.
Wanda A. Newbry v. State of Indiana (NFP)
20A03-1002-CR-125
Criminal. Affirms 15-year sentence following a guilty plea to Class B felony delivery of cocaine, which is to run consecutive to a 15-year sentence Newbry received in a companion case.
Wanda A. Newbry v. State of Indiana (NFP)
20A03-1002-CR-126
Criminal. Affirms 15-year sentence following a guilty plea to Class B felony delivery of cocaine, which is to run consecutive to a 15-year term Newbry received in a companion case.
Angela M. (Greene) McDonald v. State of Indiana (NFP)
88A01-1004-CR-165
Criminal. Affirms 3-year sentence following guilty plea to Class C felony forgery.
Christine Starbuck v. Vigo County Public Library (NFP)
93A02-1001-EX-67
Civil. Affirms order of full Indiana Worker’s Compensation Board denying Starbuck’s application for adjustment of claim.
Marvin L. Ervin v. State of Indiana (NFP)
49A02-1002-CR-123
Criminal. Affirms conviction of Class D felony theft and adjudication as a habitual offender.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 28, 2010
Indiana Court of Appeals
Sarah Haag, et al. v. Mark Castro, The Indiana Youth Soccer Association, et al.
29A04-1001-CT-10
Civil. Affirms summary judgment in favor of Virginia Surety Co. Members of the Carmel Commotion Soccer Team traveled to Colorado for a soccer tournament. While in Colorado, the team decided to go on a white-water rafting trip as a team-building activity. While traveling to raft, the van collided with another vehicle and team members were injured. Virginia Surety argued that while the team was sanctioned to attend and compete at the tournament, the use of the van to go white-water rafting was not a use “in the business of the Named Insured” and Indiana Youth Soccer Association did not have knowledge of or authorize the rafting activity. Judge Riley dissents.