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Split COA: 1992 Michigan sex offender required to register in Indiana
A man who committed a sex crime in Michigan in 1992 and moved to Indiana in 2012 must put his name in the Indiana Sex Offender Registry created two years after his initial offense, a divided Court of Appeals panel ruled.
Legislature turns to attorney to lead new ethics office
A longtime legislative attorney has been tapped to lead the state’s new Office of Legislative Ethics.
Opinions May 28, 2015 ILD
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of D.S. (Minor Child), and B.T. (Mother) v. The Indiana Department of Child Services and Court Appointed Special Advocate (mem. dec.)
47A01-1405-JT-230
Juvenile. Affirms termination of parental rights.
In the Matter of the Paternity of B.K. and L.K., Kathryn D. McCallaham v. Joy X. Khotxay (mem. dec.)
49A04-1407-JP-345
Juvenile. Affirms order modifying custody to grant sole physical custody to father and ordering parents to share joint legal custody.
S.M. v. Indiana University Health, Bloomington Hospital and Centerstone (mem. dec.)
53A01-1409-MH-417
Mental health. Affirms order involuntarily committing S.M. to a mental health facility.
Carlos Miles v. State of Indiana (mem. dec.)
49A05-1411-CR-514
Criminal. Affirms conviction of Class C felony battery.
Sergio A. Villanueva v. State of Indiana (mem. dec.)
09A04-1408-PC-376
Post conviction. Affirms denial of amended petition for post-conviction relief.
David Pannell v. State of Indiana (mem. dec.)
49A04-1308-PC-415
Post conviction. Affirms denial of petition for post-conviction relief.
Michael Dominique v. State of Indiana (mem. dec.)
34A05-1403-CR-127
Criminal. Affirms denial of motion from relief from judgment following guilty plea to Class D felony receiving stolen property.
Jeffrey Cowart v. State of Indiana (mem. dec.)
49A02-1410-CR-697
Criminal. Affirms conviction of Class C felony intimidation.
Melissa Roberts Gannon v. Jesus A. Gomez-Rocha (mem. dec.)
38A02-1411-JP-822
Juvenile. Affirms finding that mother was in contempt of court.
Phillip Killebrew v. State of Indiana (mem. dec.)
49A02-1409-CR-648
Criminal. Affirms conviction of Class C felony possession of a narcotic drug and remands with instructions to correct the sentencing order.
Anthony Edward Stewart v. State of Indiana (mem. dec.)
45A04-1409-CR-422
Criminal. Affirms order revoking probation.
Opinions May 28, 2015
Indiana Court of Appeals
Terry Huber v. Roger Hamilton
54A01-1404-PL-154
Civil plenary. Affirms trial court ruling that the buyer of land, Terry Huber, breached the land contract when he failed to make the balloon payment when it was originally due. The oral agreement between the parties to modify the written land contract is unenforceable because it was not reduced to writing.
Southern District seeks comment on proposed rule changes
The U.S. District Court for the Southern District of Indiana is currently seeking comments on proposed revisions to two local rules dealing with filing records under seal.
Court rejects Meyers’ claims his trial counsel was ineffective
John R. Myers II, the man convicted of killing Indiana University student Jill Behrman in 2000, was unable to convince the Indiana Court of Appeals that his father-son trial counsel team was ineffective during his murder trial.
There’s a new kind of lateral hiring going on
A number of partners are moving to new roles as law firms begin to emulate their corporate clients. C-suite jobs like chief talent officer and chief innovation officer are popping up, filled by partners asked to try something new.
Where the clients ‘are no stoned-out hippies’
Small firms, like Brian Vicente’s in Denver, have been advising clients on marijuana law issues for several years. Now even some bigger corporate firms are tiptoeing into the business.
Boston Marathon bomber to be sentenced June 24
Boston Marathon bomber Dzhokhar Tsarnaev will be formally sentenced to death on June 24.
Parties’ oral modification of land agreement unenforceable
The Indiana Court of Appeals upheld the decision by a trial court finding an oral agreement between a buyer and seller that modified a written land contract had to be in writing based on the Statute of Frauds and that the buyer defaulted on the terms of the agreement.
No abuse in giving jury instruction, but COA still reverses 1 conviction
A trial court did not abuse its discretion when it gave a jury instruction during an invasion of privacy trial, the Court of Appeals ruled, but the appeals court sua sponte did reverse one of two convictions because of double jeopardy.
Lawsuit says Mourdock gave chief deputy 3-year contract
A lawsuit by former Indiana Treasurer Richard Mourdock's chief deputy challenging his firing claims the official gave him a three-year, $300,000 contract before he resigned from office last year.
COA affirms admission of gun and photographs into evidence
A trial court did not abuse its discretion when it admitted as evidence a handgun and photographs of the gun found in a car being impounded after police discovered the driver did not own the car and believed it was unsafe to operate, the Court of Appeals held.
Judge concerned about doctor’s contradictory affidavit
An Indiana Court of Appeals judge found it troubling that a member of a medical review panel that unanimously found defendants breached their duty of care to a patient could later issue an affidavit in which he changed his mind relating to a doctor accused of medical malpractice.
Police did not induce woman to commit prostitution, COA rules
A woman who was arrested for prostitution after she agreed to have sex in exchange for money with an undercover detective outside of a strip club was not entrapped by the detective, the Court of Appeals held Wednesday.
Probationer’s admission to smoking marijuana supports revocation
Because a man on probation admitted to participating in unlawful conduct during his probationary period, the trial court correctly revoked his probation, the Indiana Court of Appeals ruled.
Opinions May 27, 2015 ILD
Indiana Court of Appeals
Sophia L. Masters v. Ryan E. Masters (mem. dec.)
30A04-1410-DR-488
Domestic relation. Affirms modification of physical custody of the parties’ two children to Ryan Masters.
Shellie S. Gryniewicz f/k/a Shellie S. Shih v. Daniel Shih (mem. dec.)
45A03-1412-DR-437
Domestic relation. Affirms order setting father’s child support obligation at $109 per week and ordering mother to pay the guardian ad litem fees and a portion of father’s attorney fees.
In the Matter of the Term. of the Parent-Child Relationship of: P.N., A.N. v. Ind. Dept. of Child Services (mem. dec.)
02A03-1412-JT-454
Juvenile. Affirms termination of parental rights.
Darrel Warren v. State of Indiana (mem. dec.)
49A02-1409-CR-597
Criminal. Reverses conviction for Class A misdemeanor carrying a handgun without a license.
J. Richard Presser, Rachel E. Presser, Kevin Kelley, Richard Sanderson, Rosemary Sanderson, Thomas Reis and Mary Reis v. North Indiana Annual Conference of the United Methodist Church, et al. (mem. dec.)
43A04-1405-CP-215
Civil plenary. Affirms judgment that the easement at issue in the 1994 judgment determining property rights relating to a plat of land and an easement located on the plat was an appurtenant easement.
Dominic Lowe v. State of Indiana (mem. dec.)
84A05-1412-CR-566
Criminal. Affirms sentence following guilty plea to Level 5 felony battery against a public safety officer and admitted he was a habitual offender.
Dominique Hamler v. State of Indiana (mem. dec.)
49A02-1407-CR-452
Criminal. Affirms convictions and sentence for murder, Class A felony attempted murder, and Class B felonies robbery and criminal confinement.
Opinions May 27, 2015
Indiana Court of Appeals
Tommy Lampley v. State of Indiana
48A04-1405-CR-231
Criminal. Affirms revocation of probation. Lampley admitted to participating in unlawful conduct during his probationary period.
COA upholds man’s belated appeal, molestation conviction
Citing the defendant’s limited understanding of English and his timely request for appellate counsel, the Indiana Court of Appeals affirmed the decision by the trial court to grant a man’s belated notice of appeal regarding a child molesting conviction.