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Canine sniff case gets second look, same ruling
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.
Opinions July 6, 2010 ILD
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.
Court affirms felony nonsupport of a dependent conviction
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.
Opinions July 6, 2010
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.
Indiana Supreme Court review analyzes trends, voting patterns
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.
IBA: Honor a colleague with the Antoinette Dakin Leach Award
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.
IBA: Strategic Planning
The leadership of the Indianapolis Bar Association has long made an effort to track change and respond to it through strategic planning.
IBA: Divorce and Social Media
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).
IBA: Seeking to Honor Excellence
Awarding professional excellence on the bench and in the bar is the purpose of the Indianapolis Bar’s Silver Gavel and Professionalism Awards.
Hickey: State of the Bar Association
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.
IBA: Peterson to Highlight Luncheon
Former Indianapolis Mayor and Eli Lilly executive Bart Peterson will be the featured speaker at the Indianapolis Bar’s
luncheon on August 20 at the Hyatt Regency.
IBA: Lawyer Referral
Many people in our community, who are dealing with the impacts of the current economic crisis, often wonder where they can
turn for help.
IBA: Zore and Keele to Change Courts
The Marion Superior Court Executive Committee recently approved the reassignments of Judge Jerry Zore to Marion Probate Court,
and Judge Mike Keele to Civil Division Court 7.
Lawyer-owned bar opens in Indianapolis
The Ball & Biscuit had its soft opening at 331 Massachusetts Ave. in Indianapolis June 24.
Law doesn’t infringe on free speech
The Supreme Court of the United States ruled June 24 on the case of Doe v. Reed, No. 09-559, in which Terre Haute
attorney James Bopp Jr. was the lead attorney on the case that pitted free speech versus public disclosure of ballot petition
supporters.
Judicial pay case gets ABA support
The American Bar Association wants the Supreme Court of the United States to take a case that asks whether congressional denial
of cost-of-living adjustments for federal judges compromises judicial independence and violates the Constitution.