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Indiana Court of Appeals
Michael A. Lane v. State of Indiana
82A05-1212-CR-640
Criminal. Affirms convictions of murder, Class B felony conspiracy to commit dealing in a schedule II controlled substance, and two counts of Class C felony criminal recklessness. Holds an instruction on reckless homicide was not warranted and that brief testimonial hearsay evidence admitted was harmless beyond a reasonable doubt.
The Indiana Court of Appeals found that evidence of a defendant’s prior bad acts was not properly admitted at his trial for theft of gasoline, but affirmed his conviction because the admission was a harmless error.
Professionals who want to better understand the law, but not practice it, will be able to earn a Master of Jurisprudence degree from Indiana University Robert H. McKinney School of Law beginning next year, the school announced Thursday.
Professionals who want to better understand the law, but not practice it, will be able to earn a Master of Jurisprudence degree from Indiana University Robert H. McKinney School of Law beginning next year, the school announced Thursday.
Because of overwhelming evidence placing the defendant at the scene of a shooting, the admission of additional evidence that before the shooting, a victim made calls to a phone number associated with the shooter did not affect the verdict, the Indiana Court of Appeals held Friday.
Two Indiana Court of Appeals judges granted a man’s petition for rehearing and held that the evidence is sufficient for the state to retry him on criminal recklessness and resisting law enforcement charges.
Sidestepping a question of first impression in a child support case, the Indiana Court of Appeals reversed the modification of child support due to insufficient evidence. The father in this case believed his ex-wife was using child support money to fund her veterinary practice.
Thomas R. Philpot, the former Lake County clerk convicted of taking more than $24,000 in federal funds earmarked for child support and using that money to pay himself bonuses, will not receive a new trial, the 7th Circuit Court of Appeals held this week.
Attorney General Greg Zoeller Thursday asked a court to throw out a lawsuit filed by Superintendent of Public Instruction Glenda Ritz against the Indiana Board of Education.
Indiana Court of Appeals
Cannon IV, Inc. v. Matthew Antisdel (NFP)
49A04-1304-PL-171
Civil plenary. Affirms judgment in favor of Antisdel on his breach of contract claim against Cannon IV arising out of an employment agreement between the parties.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
Gregory Dickens v. State of Indiana
71A03-1304-PC-101
Post conviction. Affirms denial of petition for post-conviction relief seeking new trial for murder of a police officer. Dickens was not entitled to a new trial in light of either newly discovered evidence or an alleged Brady violation. He also did not receive ineffective assistance of trial counsel.
After 13 years and three murder trials, David Camm has been found not guilty of murdering his wife and two young children.
The United States Bankruptcy Court for the Southern District of Indiana cut an additional eight positions from its clerk’s office at the end of September, according to an update posted online from Chief Judge James Coachys. The court had already cut six positions in the beginning of the year.
The Indiana Court of Appeals upheld a northern Indiana man’s life without parole sentence for killing a police officer in 1997, finding the post-conviction court did not err when it denied him a new trial.
Indiana law does not allow guardians the ability to petition for the dissolution of marriage on their ward’s behalf, the Indiana Court of Appeals held for the second time in nearly four months. The appeals court reversed the grant of a divorce filed by an incapacitated man’s daughters, who are his co-guardians.
An administrative law judge in the Indiana Department of Education correctly imposed a two-year suspension of a special education teacher’s license, the Indiana Court of Appeals ruled Thursday. The court found no error in the ALJ’s reliance on a California case when considering whether to revoke or suspend a teaching license.
The Indiana Court of Appeals of Indiana has selected Judge Nancy H. Vaidik to succeed Judge Margret G. Robb as the court’s next chief judge. Vaidik’s three-year term of office will start Jan. 1, 2014.
Indiana Court of Appeals
Reginald L. McCracken and Bowar Development, LLC v. Joseph Huber, Tony Thoma, et al. (NFP)
55A04-1301-CC-39
Civil collection. Affirms on interlocutory appeal the order granting a preliminary injunction to Huber and other homeowners. Affirms decision to compel McCracken to promptly convey title to two parcels to the homeowner association.
James Cameron v. State of Indiana (NFP)
20A05-1304-PC-170
Post conviction. Affirms denial of petition for post-conviction relief.
Eugene Robinson v. State of Indiana (NFP)
45A03-1301-PC-21
Post conviction. Affirms denial of petition for post-conviction relief.
Curtis L. Jones v. State of Indiana (NFP)
02A03-1303-PC-85
Post conviction. Affirms denial of petition for post-conviction relief.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
Phillip Griffin v. State of Indiana
49A02-1212-CR-964
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement as the police officer lacked reasonable suspicion to detain Griffin for the purpose of investigating a possible crime. Affirms conviction of Class A misdemeanor battering an officer while being placed under arrest because there is sufficient evidence Griffin was not acting in self-defense. Also reverses order to perform community services and remands to address the question of payment of costs. Judge Mathias concurs in separate opinion; Judge Bailey concurs in part and dissents in part.
In a resisting arrest and battery case that drew opinions from each of the sitting judges on the Indiana Court of Appeals panel, Judge Paul Mathias addressed the issue of whether the defendant suffered from a mental illness. He urged law enforcement to consider mental health intervention to treat troubled – but innocuous – conduct instead of relying on criminal law.