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Opinions Oct. 31, 2014 ILD

Indiana Court of Appeals
Richard Reeves v. State of Indiana (NFP)
49A05-1404-CR-151
Criminal. Affirms 45-year sentence for Class A felony child molesting.

Thomas Boswell v. State of Indiana (NFP)
82A01-1405-CR-193
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.

M.D. v. R.M. (NFP)
29A05-1404-PO-185
Protective order. Affirms order granting R.M.’s request for an order of protection.

Gregory Green v. State of Indiana (NFP)
49A04-1311-PC-610
Post conviction. Affirms denial of petition for post-conviction relief.

Sally Applegate-Rodeman and Leslie M. Rodeman v. JDK, LLC d/b/a Livrite Fitness (NFP)
49A02-1312-PL-1044
Civil plenary.  Affirms summary judgment in favor of Livrite Fitness as to the Rodemans’ claims for compensation for injuries Applegate-Rodeman suffered while exercising at the facility.

 

Opinions Oct. 31, 2014

Indiana Court of Appeals
Michael Dwain Neal v. Amanda Lee Austin
49A02-1404-DR-225
Domestic relation. Reverses grant of Austin’s petition for post-secondary education expenses on behalf of her and Neal’s adult child. The trial court did not have authority to issue an order for educational support. Holds that I.C. 31-16-6-6(c) and -6(d) necessitates that where the most recent order establishing a child support obligation was issued after June 30, 2012, the child must file a petition for educational needs before he or she becomes 19 years of age.

COA: Insurance agent did not have duty to advise

The Indiana Court of Appeals affirmed summary judgment in favor of an agent and an insurance company after the owner of a pub sued them believing they owed a duty to advise that the policy the pub chose would be insufficient to cover the replacement cost of the building.

7th Circuit will hear killer’s appeal en banc

The full 7th Circuit Court of Appeals will decide whether an Arkansas man on death row should die for killing a Texas woman nearly 20 years ago. The judges decided Wednesday to grant Bruce Carneil Webster’s petition for rehearing en banc.

Woman convicted in deadly wrong-way crash appears in court

Attorneys for an Indianapolis woman convicted of killing six children and a 40-year-old man in a head-on traffic collision asked a judge for a new trial Thursday, arguing in part she had inadequate legal counsel.

Indiana’s high court hears IBM welfare case

Indiana's Supreme Court justices grilled attorneys for the state and IBM Corp. on Thursday about the company's failed attempt to privatize Indiana's welfare services, which prompted the state to cancel IBM's $1.3 billion state contract less than three years into the 10-year deal.

Opinions Oct. 30, 2014 ILD

Indiana Court of Appeals
Michael W. Anderson v. State of Indiana (NFP)
45A03-1402-PC-55
Post conviction. Affirms denial of petition for post-conviction relief.

Christopher Hopkins v. State of Indiana (NFP)
79A02-1403-CR-216
Criminal. Affirms sentence for two counts of Class C felony sexual misconduct with a minor and one count of Class D felony possession of marijuana.

E.I. v. State of Indiana (NFP)
49A05-1403-JV-137
Juvenile. Affirms determination E.I. is a delinquent for committing what would be Class B felony child molesting and Class C felony child molesting if committed by an adult.

Letitia Kurabara v. Creative Real Estate Property Management (NFP)
48A02-1402-SC-83
Small claim. Affirms there is an agency relationship between Kurabara and a family friend she rented her house to. Affirms damages award in the amount of $4,724.29, but it is not clear the court accounted for the $1,365 in payments retained by Creative Real Estate Property Management, which managed the property. Remands for further proceedings.

 

Opinions Oct. 30, 2014

Indiana Supreme Court
Wayne A. Campbell v. State of Indiana
13S05-1410-PC-682
Post conviction. Affirms denial of petition for post-conviction relief, finding no ineffective assistance by trial counsel for, in part, failing to object to an instruction on the definition of “intentionally.” The second sentence of the contested instruction serves to emphasize the heavy burden placed on the state to prove that a defendant acted intentionally.

Judges reverse teen’s adjudication for resisting law enforcement

Citing lack of evidence, the Indiana Court of Appeals reversed an Indianapolis teen’s adjudication as a juvenile delinquent for committing what would be Class A misdemeanor resisting law enforcement if committed by an adult. None of his actions suggested any criminal activity was afoot.

Man didn’t prove ineffective assistance of counsel

The Indiana Supreme Court affirmed the denial of post-conviction relief for a man who charged his attorney was ineffective for not doing a better job arguing the sufficiency of the evidence to prove the defendant conspired to commit dealing cocaine.

Justices: Pattern Jury Instruction 9.05 is correct statement of law

Clearing up confusion among the courts as to whether a jury instruction regarding the definition of “intentionally” can include that the defendant intended to “cause the result” of his conduct, the Indiana Supreme Court affirmed Pattern Jury Instruction 9.05 represents a correct statement of the law.