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An Indianapolis physician who lost $1.7 million in a fraud scheme orchestrated in part by former Democratic City-County Councilor Paul C. Bateman Jr. has sued Bateman and two associates in Marion Circuit Court.
Indiana Court of Appeals
AT&T v. Atlas Excavating, Inc. (NFP)
79A02-1207-PL-552
Civil plenary. Reverses trial court’s denial of AT&T’s motion for summary judgment and remands the matter to the lower court with instructions to vacate its judgment in favor of Atlas, enter a summary judgment in favor of AT&T, and conduct proceedings to determine damages.
Tammy Syers v. JKL Construction & Home Maintenance (NFP)
82A05-1205-CC-276
Civil collection. Affirms trial court’s judgment in favor of JKL Construction & Home Maintenance. Concludes JKL’s mechanic’s lien was timely filed and that the lien is not void because of an overstatement in amount.
Thomas Oakley v. State of Indiana (NFP)
53A01-1204-CR-148
Criminal. Affirms five-year sentence following a guilty plea to carrying a handgun without a license, a Class C felony.
Manuel Lloyd Jamersen v. State of Indiana (NFP)
45A03-1206-CR-257
Criminal. Affirms sentence for Count I child molesting, a Class A felony; and Count II attempted child molesting, a Class A felony. Finds the trial court did not abuse its discretion in sentencing Jamersen.
Ernestine Waldon, Christine Hampshire, and Vergie Small v. Donna Wilkins, MD, Joshua Williams, and Rodney Barber, and Carl Barber, Jr. (NFP)
18A02-1203-PL-222
Civil plenary. Affirms in part, reverses in part and remands with instructions to reinstate Waldon’s replevin claim. Concludes the trial court properly dismissed Waldon’s claims against appellees stemming from the execution of the trial court’s demolition order under the doctrine of quasi-judicial immunity and immunity arising from the Indiana Tort Claims Act. However, finds the trial court erred when it dismissed Waldon’s replevin claim contained in the amended complaint.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
Indiana Court of Appeals
Michael Gray v. State of Indiana
49A02-1205-CR-352
Criminal. Affirms conviction and sentence of Class D felony possession of cocaine, holding that the court erred in failing to allow a defendant to play a tape of an officer’s deposition that contained inconsistent statements, but that the error was harmless because other evidence at trial strongly pointed to Gray’s guilt.
Marion County Prosecutor Terry Curry has decided to request life sentences without parole, instead of the death penalty, for the three defendants charged in the Richmond Hill subdivision explosion.
A Marion Superior Court should have allowed a defendant to play parts of a police officer’s deposition for impeachment purposes, but the Indiana Court of Appeals ruled that failing to admit his inconsistent statement was harmless error.
An argument made on appeal in a drunken-driving case that the person who certified the operating condition of a breath-test machine should have been required to testify was rejected Monday by the Indiana Court of Appeals, which also warned in a footnote that such a ruling could cost criminal defendants.
A southern Indiana lawyer who serves as the attorney for Floyd County government faces drunken driving charges after his arrest on Feb. 7.
Applications are being accepted for a forthcoming vacancy on the St. Joseph Superior Court, the Indiana Supreme Court has announced.
Indiana Court of Appeals
Estate of Ruby L. Rowland: James A. Rowland, Jr. v. Michael B. Rowland (NFP)
48A02-1203-ES-223
Estate, supervised. Affirms the trial court’s denial of the Estate’s petition to recover assets. Ruled the trial court properly found that the presumption of undue influence does not apply and properly found the Estate failed to prove that the statutory presumption for survivorship rights was overcome.
Louis Townsend v. State of Indiana (NFP)
48A04-1207-PC-389
Post conviction. Affirms trial court’s denial of Townsend’s petition for relief. Found the post-conviction court did not err when it concluded that Townsend did not receive ineffective assistance of trial and appellate counsel and when it concluded Townsend was not entitled to post-conviction relief on the basis of newly-discovered evidence.
The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline. The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.
Indiana Court of Appeals
Billy Russell v. State of Indiana
49A04-1203-CR-148
Criminal. Affirms conviction and sentence on charges of murder and Class B felony possession of a firearm by a serious violent felon. The panel found that the trial court did not abuse its discretion in refusing to completely bifurcate the trial of the SVF charge from the murder charge or in refusing to tender Russell’s self-defense jury instruction. The court also determined the 85-year sentence was not inappropriate.
An Indianapolis man who was convicted and sentenced to 85 years in prison for killing a man who threatened his life and the lives of people inside his home lost his appeal Friday.
A $50 filing fee on mortgage foreclosure actions that expired Jan. 1 would be renewed for two years under legislation that advanced this week in the Indiana House of Representatives.
An Indianapolis man who said he stole a video monitoring system and car wash tickets to teach the victim a lesson about leaving valuables in an unlocked car lost his appeal Friday.
A former top executive of Marsh Supermarkets Inc. became so concerned about the company’s deteriorating finances less than a decade ago that he took the desperate step of meeting with bankruptcy lawyers.
On The Move highlights employment news, awards and honors attorneys receive, and board appointments or elected positions. Digital images should be 200 dpi and saved as eps, tiff or jpg. Color images are preferred. Information must be submitted at least 10 days before the Wednesday issue in which it is to appear. Submit your announcement […]
John M. Bales lifted his crossed hands to his face and began to cry Thursday evening as a federal judge read the same jury verdict on each of 13 fraud counts against the real estate broker and his partner: Not guilty.
Indiana Court of Appeals
Christopher Estridge v. State of Indiana (NFP)
15A01-1205-CR-209
Criminal. Affirms revocation of probation.
Kenneth L. Robinson v. State of Indiana (NFP)
49A02-1206-CR-514
Criminal. Affirms conviction of Class C felony possession of cocaine.
Charles Day v. State of Indiana (NFP)
79A04-1206-CR-303
Criminal. Affirms convictions of three counts of Class A felony child molesting and two counts as Class C felonies, Class A felony attempted child molesting and Class D felony child solicitation; and affirms sentence of 44 years in the Department of Correction.
Kenny L. Futch v. State of Indiana (NFP)
02A03-1209-CR-381
Criminal. Affirms two convictions of Class B felony dealing in cocaine and two concurrent 17-year sentences with two years suspended to probation on each count.
James Kerner v. State of Indiana (NFP)
49A05-1205-CR-271
Criminal. Affirms conviction of Class A misdemeanor trespass.
Jamie Masterson v. State of Indiana (NFP)
49A02-1206-CR-485
Criminal. Affirms conviction of Class D felony identity deception.
In Re: The Adoption of T.W.: T.J. v. J.B. (NFP)
02A05-1108-AD-451
Adoption. Affirms that consent of father T.J. is not required for adoption of T.W.
Prince Harris v. State of Indiana (NFP)
45A03-1205-CR-232
Criminal. Affirms convictions of murder and robbery.
Larry R. Dean, Jr. v. State of Indiana (NFP)
27A04-1204-PC-174
Post conviction. Affirms denial of petition for post-conviction relief.
Anthony Paul Banks v. State of Indiana (NFP)
50A05-1207-CR-343
Criminal. Affirms revocation of probation and order Banks serve his entire previously suspended sentence in the Department of Correction.
In Re: The Paternity of B.H.: S.H. v. B.B. (NFP)
54A01-1208-JP-340
Juvenile. Affirms order modifying father S.H.’s child support obligation based on a determination hearing that the child is incapacitated.
Neff Family Fertilizer, Inc. v. John Jones Chevrolet Buick Cadillac of Salem, Inc. (NFP)
88A05-1207-PL-381
Civil plenary. Affirms entry of summary judgment in favor of John Jones dealership on Neff Family Fertilizer’s suit for damages after Neff canceled its order for a new truck.
Gregory D. Sutton v. State of Indiana (NFP)
01A02-1210-CR-876
Criminal. Affirms sentence for Class C felony nonsupport of a dependent child.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana legislators have decided to hold off on pursuing this session an amendment to the state constitution defining marriage between a man and woman, citing the pending cases on the topic before the U.S. Supreme Court.
7th Circuit Court of Appeals
Jurijus Kadamovas v. Michael Stevens, et al.
12-2669
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses dismissal of prisoner Kadamovas’ lawsuit against prison officials and other inmates for unintelligibility. The suit is actually written clearly and not 99 pages as the judge believed, but just 28 pages. Remands for further consideration.
Without membership in certain international business organizations, Don Marsh says he could not have built his grocery chain into a billion-dollar company.