To refine your search through our archives use our Advanced Search
By the end of the day, the seven-member Indiana Judicial Nominating Commission will decide who to bring back for a second
round of interviews for the state’s next Supreme Court justice.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
In the Matter of: A.C. v. State of Indiana
49A04-0912-JV-682
Juvenile. Reverses adjudication for committing what would be Class A misdemeanor resisting law enforcement if committed by
an adult. A.C.’s simple failure to stand, without more, amounts to passive inaction and seems analogous to the failure
to present one’s arms for handcuffing, which the Indiana Supreme Court has said does not constitute forcible resistance.
Leroy
Jones v. State of Indiana
27A02-1002-CR-168
Criminal. Reverses convictions of two counts of dealing in cocaine, one as a Class A felony and one as a Class B felony.
The evidence was not sufficient to prove Greentree was a family housing complex on the day in question and the jury could
not have so found. Because the trial court erroneously instructed the jury as to the meaning of “family housing complex,”
Jones’s dealing conviction under Count 1 was enhanced via a statute that, after the acts were committed, changed the
elements of the crime with which he was charged. Remands for the Class A felony to be entered as a Class B felony and to re-sentence
him consistent with the opinion.
Michael
A. Balasquide v. State of Indiana (NFP)
49A02-0912-CR-1238
Criminal. Affirms convictions of Class A felony child molesting and Class B felony incest.
Theodore
N. Hannibal v. State of Indiana (NFP)
34A02-1002-CR-130
Criminal. Affirms determination Hannibal is a habitual substance offender. Remands for an amendment to the sentencing order.
Tyshekia
Burris v. State of Indiana (NFP)
49A02-0911-CR-1133
Criminal. Reverses conviction of Class D felony criminal recklessness.
Sally
G. Leonard v. United Farm Family Mutual, et al. (NFP)
71A03-0909-CV-444
Civil. Affirms summary judgment for United Farm Family Mutual on Leonard’s complaint for damages and declaratory relief
based on a car accident.
Marco
Hernandez-Lopez v. State of Indiana (NFP)
49A02-0912-CR-1178
Criminal. Affirms sentence for Class A misdemeanor conversion.
Jonathan
Graves v. State of Indiana (NFP)
49A02-0912-CR-1284
Criminal. Affirms order revoking probation and ordering Graves serve two years of a previously suspended sentence.
Involuntary
Commitment of R.C. (NFP)
49A02-0912-CV-1229
Civil. Affirms sufficiency of evidence to support order involuntarily committing R.C. to Community Hospital North Mental
Health Center.
Christopher
J. Geideman v. State of Indiana (NFP)
71A05-1002-CR-63
Criminal. Affirms convictions of and sentence for two counts of Class A misdemeanor battery and one count of Class D felony
residential entry.
Kevin
D. Risner v. State of Indiana (NFP)
75A03-0907-CR-300
Criminal. Affirms convictions of Class D felonies operating a vehicle as a habitual traffic violator, and operating a vehicle
while intoxicated with a previous conviction, and the finding Risner is a habitual substance offender.
Kurt
O. Elder v. State of Indiana (NFP)
28A04-1002-CR-67
Criminal. Affirms order revoking six years of probation and requiring Elder to remain on probation through the date that
he was previously scheduled to be released.
T.H.,
II et al., Alleged to be C.H.I.N.S.; T.H. & S.H. v. Monroe County Department of Child Services (NFP)
53A01-0911-JV-548
Juvenile. Affirms finding children are CHINS and order that they be removed from the home.
Matthew
Baugh v. State of Indiana (NFP)
18A02-0911-CR-1155
Criminal. Affirms revocation of probation and imposition of the two-year sentence that had originally been suspended.
Brian
L. Riker v. State of Indiana (NFP)
14A01-0909-CR-451
Criminal. Affirms convictions of two counts of Class B felony sexual misconduct with a minor, Class B felony attempted sexual
misconduct with a minor, Class D felony sexual battery, and six counts of Class A misdemeanor contributing to the delinquency
of a minor.
Harry
Green, Jr. v. State of Indiana (NFP)
02A04-1003-CR-178
Criminal. Affirms sentence following guilty plea to Class D felony intimidation, Class C misdemeanor public nudity, Class
C misdemeanor operating while intoxicated, and Class C misdemeanor operation of a motor vehicle by an unlicensed driver.
Robin
Ann Parks v. Michael and Kathryn Grube (NFP)
83A05-0911-CV-652
Civil. Affirms order granting custody of Parks’ children to the Grubes.
Denise
L. Black v. State of Indiana (NFP)
45A03-0912-CR-572
Criminal. Vacates eight-year executed sentence imposed following guilty plea to Class C felony reckless homicide and remands
for imposition of a six-year executed sentence.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
In the Matter of: A.C. v. State of Indiana
49A04-0912-JV-682
Juvenile. Reverses adjudication for committing what would be Class A misdemeanor resisting law enforcement if committed by
an adult. A.C.’s simple failure to stand, without more, amounts to passive inaction and seems analogous to the failure
to present one’s arms for handcuffing, which the Indiana Supreme Court has said does not constitute forcible resistance.
A teen who refused to stand up or pull up his pants when ordered by a police officer did not resist law enforcement, the Indiana
Court of Appeals ruled today.
The Indiana Court of Appeals reversed a Class A felony conviction of dealing in cocaine because the trial court instructed
the jury on an incorrect version of the statute that allows for enhancing dealing convictions.
The Indiana Judicial Nominating Commission has chosen nine semi-finalists for the upcoming vacancy on the Indiana Supreme
Court.
One by one, attorneys are appearing before the seven-member Indiana Judicial Nominating Commission to explain why they should
be the next Indiana Supreme Court justice.
On a rehearing petition from the state, the Indiana Court of Appeals reaffirmed today its holding in reversing a conviction
based on a traffic stop involving a canine sniff.
Indiana Supreme Court posted no opinions before IL deadline.
Indiana Court of Appeals
Terry
Huddleston v. State of Indiana (NFP)
15A04-0912-CR-705
Criminal. Affirms conviction of and sentence for possession of a controlled substance with intent to deliver following guilty
plea.
Sylvario
Wilson v. State of Indiana (NFP)
79A05-1003-CR-158
Criminal. Affirms trial court’s denial of motion to withdraw a guilty plea. Remands for clarification of sentence or
a new sentencing determination.
L.M.,
et al., Alleged to be Children in Need of Services; N.D. v. Marion County Dept. of Child Services and Child Advocates Inc.
(NFP)
49A04-0911-JV-644
Juvenile. Reverses juvenile court’s adjudication of children, Le.M., L.M. Jr., and J.D., as children in need of services.
Roger
L. Storey v. State of Indiana (NFP)
57A05-1001-CR-40
Criminal. Affirms six-year executed sentence following a guilty plea to Class C felony nonsupport of a dependent child.
Bryan
Claywell v. State of Indiana (NFP)
49A02-0912-CR-1214
Criminal. Reverses conviction following bench trial for Class A felony child molesting.
Vidal Clayton v. State of Indiana (NFP)
21A01-1001-CR-9
Criminal. Affirms trial court’s order that the sentence imposed following guilty plea to Class A felony conspiracy
to commit murder be served consecutively to a sentence imposed following an unrelated conviction.
Frank
Byers v. State of Indiana (NFP)
49A02-0910-CR-966
Criminal. Affirms convictions of Class A felony burglary, Class B felony robbery, and Class C felony criminal confinement.
Benjamin
L. Underwood v. State of Indiana (NFP)
20A05-0912-CR-707
Criminal. Affirms convictions of and sentences for murder and conspiracy to commit aggravated battery.
H
& L Motors, LLC v. Millennium Auto Group Inc. (NFP)
43A03-1002-PL-105
Civil. Affirms trial court’s order dismissing H&L Motors’ complaint against Millennium Auto Group Inc.
Indiana Tax Court posted no opinions before IL deadline.
A man claiming he proved he was unable to pay child support because of his numerous incarcerations did not convince the Indiana
Court of Appeals. In its ruling today, the court relied on Becker v. Becker to affirm the man’s conviction
of Class C felony nonsupport of a dependent child.
Indiana Court of Appeals
Derrick
Bush v. State of Indiana
49A02-0907-CR-682
Criminal. After considering state’s claims of waiver as presented in its petition for rehearing, reaffirms original
opinion reversing Bush’s conviction of carrying a handgun without a license. Court of Appeals originally reversed conviction
after it held a canine sniff and resulting warrantless search of Bush’s automobile violated the Fourth Amendment because
the state did not meet its burden of showing the traffic stop was not unreasonably prolonged or there was independent reasonable
suspicion to justify the canine sniff.
Every summer, an attorney-authored review analyzes and highlights the Indiana Supreme Court’s activity during the past
year. But only rarely does that report come at a time when the state’s highest court is seeing change.
To recognize a female attorney for her professional and personal accomplishments, the Indianapolis Bar Association’s Women and the Law Division is seeking nominations for the 2010 Antoinette Dakin Leach Award.
The leadership of the Indianapolis Bar Association has long made an effort to track change and respond to it through strategic planning.
An overwhelming 81% of the nation’s top divorce attorneys say they have seen an increase in the number of cases using social networking evidence during the past five years, according to a recent survey of the American Academy of Matrimonial Lawyers (AAML).
Awarding professional excellence on the bench and in the bar is the purpose of the Indianapolis Bar’s Silver Gavel and Professionalism Awards.
It is hard to believe, but the year is officially half over. Reflecting on the first six months, it has been a very productive, very good time for the Bar.