7th Circuit addresses ‘khat’ convictions for first time
The 7th Circuit Court of Appeals has ruled on many types of drug cases, but was presented with a new drug to consider for the first time: “khat,” a popular drug among the Somali community.
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Sex offender not eligible to participate in county diversion program
The Indiana Court of Appeals affirmed the denial of a defendant’s petition for judicial review after he was denied placement by the court in the Vanderburgh County Forensic Diversion Program. The COA held that there was no final administrative decision for the court to review.
‘Am I going to need an attorney?’ is not request for attorney, rules COA
A suspect’s question during interrogation as to whether he’d need an attorney is not considered a request for an attorney, thus requiring police to stop interrogating him, the Indiana Court of Appeals ruled Thursday.
COA orders court grant petition to set aside tax deed
The Indiana Court of Appeals rejected a trial court’s reasoning in denying a petition to set aside a tax deed that a county auditor was excused of the duties imposed under statute because compliance wouldn’t have resulted in a property owner actually receiving notice of a tax sale.
Opinions July 24, 2013 ILD
Indiana Court of Appeals
Michael Simpson v. State of Indiana (NFP)
65A04-1210-CR-555
Criminal. Affirms conviction of Class C felony child molesting.
In Re the Termination of the Parent-Child Relationship of K.C. (Minor Child) and J.P. (Father) v. Indiana Department of Child Services (NFP)
26A01-1212-JT-555
Juvenile. Affirms involuntary termination of parental rights.
Zane Payton v. State of Indiana (NFP)
47A01-1211-CR-512
Criminal. Affirms conviction of Class B felony robbery and 12-year sentence. Reverses the trial court’s restitution award and remands with instructions to hold a new restitution hearing.
Christopher Battishill v. State of Indiana (NFP)
64A05-1211-CR-589
Criminal. Affirms convictions of Class C felony intimidation and Class B misdemeanor disorderly conduct.
Robert P. Benavides v. State of Indiana (NFP)
18A04-1210-PC-511
Post conviction. Affirms denial of petition for post-conviction relief.
Hubbard Hill Estates, Inc., v. R. Wyatt Mick, Jr., individually and, as personal representative of the Estate of Harriet M. Seilon, Deceased (NFP)
20A03-1301-SC-24
Small claim. Reverses judgment in favor of Mick Jr. for overpaid rent from Harriet M. Seilon’s account at the Hubbard Hill retirement community. The Elkhart Superior Court issued a total award of $3,150 plus costs, awarding $729.19 to Mick personally and $2,420.81 to the estate. Judge Baker dissents.
Donte Carter v. State of Indiana (NFP)
49A02-1301-CR-10
Criminal. Affirms conviction of Class A misdemeanor battery on a law enforcement officer.
Robert L. Pickens v. State of Indiana (NFP)
43A04-1304-CR-170
Criminal. Affirms denial of motion to correct erroneous sentence.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
Opinions July 24, 2013
7th Circuit Court of Appeals
Troy R. Shaw v. Bill Wilson
12-1628
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane Magnus-Stinson.
Civil. Vacates denial by District Court to grant Shaw’s petition for writ of habeas corpus and orders the federal court to grant it unless the state of Indiana grants Shaw a new direct appeal in which he will have the opportunity to advance the argument that his appellate counsel should have raised. This is one of the rare cases in which counsel’s performance fell below the constitutional minimum, and the Indiana appellate court’s conclusion otherwise was an unreasonable application of Supreme Court precedent.
Indiana Tech Law School settling into new digs, waiting for classes to begin
With the students arriving in less than a month, Indiana Tech Law School is opening the doors of its new building and giving academics, lawyers and community members a peek inside.
7th Circuit: Attorney’s deficient performance prejudiced defendant
Finding that an appellate attorney opted for a “hopeless sufficiency challenge” instead of the obvious claim challenging the validity of an amended information that elevated a charge to murder, the 7th Circuit Court of Appeals reversed the denial by the federal court of the man’s petition for writ of habeas corpus.
COA: Police escort into home does not violate 4th Amendment
In a matter of first impression, the Indiana Court of Appeals Wednesday decided that a police officer’s refusal to allow a defendant to enter his or her residence without being accompanied by an officer until a search warrant has been obtained is a reasonable seizure that does not violate the Fourth Amendment.
Judge: Continuing current sequestration cuts would be ‘devastating’ to justice system
A federal judge implored a Senate panel Tuesday to provide sufficient funding for U.S. courts, warning that the general public will lose the access to justice that has been a hallmark of this country.
Opinions July 23, 2013 ILD
Indiana Court of Appeals
In The Paternity of J.P.: P.M. (Mother) v. J.P. (Father) (NFP)
71A03-1303-JP-70
Juvenile. Affirms order finding mother in contempt of court.
Michael Walton v. State of Indiana (NFP)
49A02-1212-CR-1013
Criminal. Reverses revocation of community corrections placement.
Julio Joel Delgado v. State of Indiana (NFP)
45A03-1206-CR-271
Criminal. Affirms sentence for Class B felony child molesting.
Anthony Shockley v. State of Indiana (NFP)
49A02-1212-CR-957
Criminal. Affirms convictions of murder and Class C felony attempted robbery, but remands for correction of the abstract of judgment.
Dheeraj Gulati v. Twinkle Gujral (NFP)
29A02-1301-DR-144
Domestic relation. Affirms portion of the trial court’s decree of dissolution concerning international travel with the parties’ minor child E.G.
In the Matter of the Adoption of C.A.H., minor; J.N.E. v. L.M.H. (NFP)
49A02-1302-AD-129
Adoption. Affirms order denying the biological mother’s motion for relief of judgment to set aside an adoption decree in favor of L.M.H.
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.
Opinions July 23, 2013
Indiana Court of Appeals
Gared Holdings, LLC v. Best Bolt Products, Inc.
49A02-1210-PL-811
Civil plenary. Affirms the trial court’s judgment on Gared’s claims of breach of contract and breach of the implied warranty of fitness for a particular purpose as those claims are supported by the evidence. The trial court erred in ruling that Best Bolt was not a merchant. Remands for the trial court to determine whether Best Bolt breached the implied warranty of merchantability, and if so, whether that alters the result of Best Bolt’s counterclaim. Chief Judge Robb concurs in separate opinion and dissents in part.
COA: Court must hold another hearing on custody
A trial court may refuse to approve a settlement agreement entered into by parents regarding custody of minor children, the Indiana Court of Appeals pointed out Tuesday, but in this case, the court erred by not granting the father’s motion for a continuance regarding his mental health evaluation.
Appeals court orders more proceedings in pulley lawsuit
Finding the trial court shouldn’t have granted summary judgment in favor of a distributor on a buyer’s claim of breach of implied warranty of merchantability regarding pulleys provided by the distributor, the Indiana Court of Appeals remanded to the trial court to take another look at the issue.
ACLU files suit over denial of prisoner’s request to pray in group
The American Civil Liberties Union of Indiana announced Monday that it has filed a lawsuit on behalf of a prisoner who practices the African Hebrew Israelite religion because the Pendleton Correctional Facility won’t allow the religious group to congregate for prayer unless a volunteer is present.
Lilly, Simon lawyers make best-paid general counsel list
Attorneys for two Indianapolis-based Fortune 500 companies are among the 50 best-paid general counsel, according to a list published Monday by Corporate Counsel Magazine.
Public safety chief to address Marion County probation staff
Indianapolis-Marion County Public Safety Director Troy Riggs will be among the featured speakers for an event Wednesday honoring staff of the county probation department.
Opinions July 22, 2013 ILD
Indiana Court of Appeals
Daniel J. Chupp v. Wyndham Vacation Ownership, Inc. (NFP)
41A04-1302-SC-48
Small claim. Affirms grant of motion to dismiss Chupp’s notice of small claim and the denial of his motion to reconsider. Also denies Wyndham’s request for attorney fees.
Tony Mays v. State of Indiana (NFP)
84A04-1301-PC-6
Post conviction. Affirms denial of petition for post-conviction relief.
William Joseph VanHorn v. State of Indiana (NFP)
48A02-1212-CR-992
Criminal. Affirms denial of petition for amended abstract of judgment, in which VanHorn requested additional presentence jail credit time.
In Re the Adoption of A.H. and N.H., minor children, D.H., v. A.C.H. (NFP)
17A03-1302-AD-34
Adoption. Affirms the grant of stepmother A.C.H.’s petition to adopt D.H.’s children A.H. and N.H.
Donna M. Brown v. Paul F. Buchmeier and Sally M. Buchmeier d/b/a Fashion Trends (NFP)
33A05-1301-PL-13
Civil plenary. Affirms summary judgment for the Buchmeiers on Brown’s lawsuit alleging breach of duty of care owed to a business invitee by an owner.
Co-Alliance, LLP v. Monticello Farm Service, Inc. (NFP)
91A04-1211-PL-606
Civil plenary. Dismisses appeal by Co-Alliance seeking to challenge a court order favorable to Monticello Farm Service because that order is not a final judgment or an interlocutory order appealable as a matter of right.
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.
Opinions July 22, 2013
Indiana Court of Appeals
Thomas Dexter v. State of Indiana
79A04-1212-CR-611
Criminal. Affirms finding by jury after remand that Dexter is a habitual offender and the sentence enhancement of 30 years on his conviction of Class A felony neglect of a dependent resulting in death. The certified transcript from Dexter’s guilty-plea and sentencing hearing is sufficient to prove one of his underlying felony convictions, and his habitual-offender retrial was not barred by res judicata.
Sewer district owed refund in easement dispute
The Indiana Court of Appeals ordered the White Circuit Court clerk to refund the thousands of dollars a sewer district overpaid in damages for easements on a couple’s property to construct sewers. The appellate court held that the trial court improperly admitted the court-appointed appraisal report.