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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.

IBA: Did You Know?

Depression will affect more than 19 million Americans this year, and according to a Johns Hopkins University study lawyers have the highest rate of depression among the 28 occupations they reviewed.

IBA Frontlines

Frontlines for Sept. 29-Oct. 12, 2010.

Hickey: Sweet Tweet

Technology and social media, it’s all the buzz in Bar circles.

IBA: $136,000 Put to Work by Bar Foundation

So far in 2010, the IBF awarded over $136,000 in grant support for IBA initiatives and to agencies with projects consistent with the IBF mission of advancing the administration of justice and understanding of law through philanthropy, education and service.

Lenders meet with borrowers at event

Following a statewide event Sept. 1 to help to homeowners who were concerned they might be facing foreclosures, the Indiana Foreclosure Prevention Network hosted another event Sept. 16 in Indianapolis.

Judge leaves for Afghanistan mission

After a year of preparation, Marion Superior Juvenile Judge Marilyn Moores left for an 11-month mission to Afghanistan to help rebuild the war-torn country’s farming and agricultural infrastructure.

7th Circuit hears Cinergy appeal

The 7th Circuit Court of Appeals is considering the appeal involving the 2009 retrial on clean-air rule violations at a coal-fired power plant in southeast Indiana.

Judicial candidate put back on ballot

A Highland attorney is back on the ballot for a Lake Circuit judge opening after he received a temporary restraining order and preliminary injunction that say the Indiana Election Commission shouldn’t have removed his name as a candidate for the general election.

7th Circuit mulls adult-business laws

The 7th Circuit Court of Appeals is considering whether a Southern District of Indiana judge correctly weighed evidence in granting a preliminary injunction that stopped Indianapolis from enforcing a 2002 ordinance regulating adult-business hours.

DTCI: Existing duty is prerequisite of negligence

To prevail on a claim of negligence, a plaintiff must show that a duty exists, that the duty was breached, and that damages resulted from that breach. It goes without saying that there can be no negligence or liability where there is no duty.

Court: Slow start for optional e-filing

Marion Superior Courts have fully implemented e-filing for civil collections and mortgage foreclosure cases, but law firms and attorneys are not en masse embracing the change that’s currently a voluntary choice.