Articles

Opinions Sept. 12, 2019

Indiana Court of Appeals
William Hedrick v. State of Indiana
18A-CR-01945
Criminal. Grants William Hedrick’s petition for rehearing to correct errors in the Indiana Court of Appeals’ original opinion. Reaffirms the original opinion in all other respects, holding the erroneous admission of the Drug Enforcement Administration agent’s deposition testimony was harmless.

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Opinions Sept. 11, 2019

The following 7th Circuit was posted after IL deadline  Tuesday.
David Camm v. Stanley Faith
18-1440
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Civil. Affirms in part, reverses in part the Southern District Court’s entry of summary judgment on behalf of Robert Stites, Rodney Englert, Stanley Faith, and Sean Clemons in a damages suit brought by former state trooper David Camm. Finds Camm presented enough evidence to proceed to trial on the Fourth Amendment claim as it relates to the first probable-cause affidavit. Remands for trial accordingly. Also finds trial is warranted on the Brady claim against the same four defendants for suppression of Stites’ lack of qualifications and against Faith and Clemons for suppression of the facts surrounding their handling of the DNA profile on Charles Boney’s sweatshirt.

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Opinions Sept. 10, 2019

Indiana Supreme Court
In the Matter of Brent Welke
49S00-1707-DI-472
Discipline. Suspends attorney Brent Welke from the practice of law in Indiana for three years without automatic reinstatement. Finds Welke committed attorney misconduct by incompetently representing a client, improperly using a nonlawyer assistant and knowingly making false statements of material fact to the Indiana Supreme Court Disciplinary Commission. Justice Steven David dissents regarding the sanction without separate opinion, believing disbarment is warranted.

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Opinions Sept. 9, 2019

The following Indiana Supreme Court decision was posted after IL deadline Friday.
Corey R. Faith v. State of Indiana
19S-CR-499
Criminal. Revises the sentencing order from an aggregate 70 years in prison to an executed sentence of 60 years in prison for Corey Faith’s conviction in Harrison Superior Court on three counts of Class A felony child molesting. Finds that under the circumstances of the case, the Court of Appeals’ reduction of Faith’s sentence to 30 years executed was wholly inadequate. Justice Geoffrey Slaughter dissents to the grant of transfer but would affirm the trial court.

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COA affirms father’s child molestation convictions

Multiple child molestation charges against a father will stand, the Indiana Court of Appeals affirmed Monday, rejecting the man’s arguments that a video-recorded interview of the victim and statements she made to a therapist and nurse should not have been admitted into evidence.

 

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Opinions Sept. 6, 2019

Indiana Court of Appeals
James Witham v. Michael G. Steffan, as Personal Representative of the Estate of Gerald W. Rogers, et al.
18A-TR-2914
Trust. Reverses on interlocutory appeal the dismissal of Witham’s petition to contest a will. The trial court erred in dismissing Witham’s petition with prejudice as wrongfully filed, finding that the trial court instead should have transferred the matter to the appropriate court. Remands with instructions to transfer the case to Lake Superior Court for further proceedings.

 

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