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Opinions Feb. 16, 2015

February 16, 2015

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. Anthony Wilbourn
13-3610
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms imposition of a two-level enhancement after the judge determined Wilbourn committed obstruction of justice by pretending to be mentally incompetent in an effort to derail or delay his prosecution. An evaluation by medical professionals found he was competent to stand trial. Holds when a judge has doubts about the bona fides of a defendant’s behavior at the competence hearing, the judge should not find an obstruction of justice.

Enhancement affirmed after man exaggerated mental deficits to delay trial

February 16, 2015

Although a defendant has a mental disorder, he tried to exaggerate his mental deficits in order to delay or prevent a criminal trial on a bank robbery charge. The federal court saw through his act and enhanced his sentence for obstruction of justice, which the 7th Circuit Court of Appeals affirmed Friday in a case of first impression.

Indiana Senate panel sidelines ending straight-ticket voting

February 16, 2015

A push to eliminate straight party-line voting on Indiana election ballots has been sidelined in the state Senate.

Questions over Greensburg police evidence could affect cases

February 16, 2015

A southeastern Indiana prosecutor says discrepancies uncovered during a State Police investigation of the Greensburg Police Department's evidence room could endanger 16 criminal cases.

Commissioner eyes vacant school as new Delaware County jail

February 16, 2015

A central Indiana county that has faced lawsuits and criticism for how it houses its inmates is being asked to consider building a new jail in a vacant school building.

‘Court reporter week’ highlights employment opportunities

February 16, 2015

The National Court Reporters Association kicked off its “National Court Reporting & Captioning Week” Sunday, an event designed to increase public awareness of employment opportunities in the profession. A recent study found that more than 5,000 positions in court reporting and captioning will become available in the next five years.

Counterclaims against bank dismissed for failure to state actionable claim

February 13, 2015

The Indiana Court of Appeals affirmed the decision to dismiss a woman’s counterclaims against her mortgage holder after it sought to foreclose on her home. None of her claims, which stemmed from the denial of modifying her mortgage under a new program, stated an actionable claim.

Indiana same-sex couple files suit to get both names listed on birth certificate

February 13, 2015

A married lesbian couple filed a complaint in federal court charging Indiana is violating their constitutional rights by not listing both their names on their child’s birth certificate.

Southern District applauds work of attorney volunteers

February 13, 2015

The 61 Indiana attorneys who provided pro bono hours in the Southern District of Indiana last year were recognized Thursday for their efforts during the second annual Pro Bono Appreciation Breakfast.

Opinions Feb. 13, 2015 ILD

February 13, 2015

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: J.M., N.H. & N.M. (Minor Children), N.H. (Father) v. The Indiana Department of Child Services (mem. dec.)
02A05-1407-JT-305
Juvenile. Affirms order terminating father’s parental rights.

John D. Jenkins Revocable Living Trust, John D. Jenkins, Trustee v. Peru Utility Service Board, City of Peru and Peru Common CounciL (mem. dec.)
52A01-1409-PL-387
Civil plenary. Affirms judgment in favor of Peru defendants on the trust’s trespass claim.

Iquise Taylor v. State of Indiana (mem. dec.)
48A04-1406-CR-254
Criminal. Finds Taylor waived his right to appeal his sentence in his plea agreement.

Randall J. Herzog v. Judy K. Herzog (mem. dec.)
19A01-1407-DR-318
Domestic relation. Affirms division of marital assets but reverses on the issue of Randall Herzog’s child support obligation. Remands for further proceedings.

Tamika Williams v. State of Indiana (mem. dec.)
49A02-1407-CR-490
Criminal. Affirms convictions of four counts of Class D felony neglect of a dependent.

Jonalyn Miller (formely Beckham) v. Roger Beckham Jr. (mem. dec.)
60A01-1408-DR-360
Domestic relation. Affirms order granting Beckham primary physical custody of the parties’ son.

Robert Ledbetter, Jr. v. State of Indiana (mem. dec.)
02A03-1406-CR-197
Criminal. Affirms conviction of Class D felony theft.

Jamie Lykins v. State of Indiana (mem. dec.)
88A04-1408-CR-387
Criminal. Affirms 50-year aggregate sentence for Class A felonies battery resulting in death and neglect of a dependent resulting in death.

Kenneth S. Marshall v. State of Indiana (mem. dec.)
39A01-1405-CR-204
Criminal. Affirms sentence for Class B felony burglary and status as a habitual offender.

Jeannie M. Hess v. State of Indiana (mem. dec.)
10A05-1407-CR-317
Criminal. Affirms adjudication as a habitual offender.

In the Matter of the Termination of the Parent-Child Relationship of B.M., T.B. v. Indiana Department of Child Services (mem. dec.)
49A04-1407-JT-328
Juvenile. Affirms termination of mother’s parental rights.

Michael James Beasley v. State of Indiana (mem. dec.)
45A03-1407-CR-251
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

In the Matter of the Termination of the Parent-Child Relationship of: I.B., B.B., and W.B. and M.T. v. The Indiana Department of Child Services (mem. dec.)
18A02-1406-JT-446
Juvenile. Affirms termination of mother’s parental rights.

Ricky Duff v. State of Indiana (mem. dec.)
89A01-1408-CR-356
Criminal. Affirms aggregate 35-year sentence for various drug and firearm convictions.

Robert Middleton v. Paula Pyatte (mem. dec.)
32A01-1410-DR-431
Domestic relation. Affirms order holding Middleton in contempt and remands with instructions to determine Pyatte’s appellate attorney fees.

In the Matter of X.M. and D.M., Minor Children, Children Alledged to be in Need of Services, S.B. v. Indiana Department of Child Services (mem. dec.)
47A01-1409-JC-415
Juvenile. Affirms determination children are children in need of services.

Dallarius T. Jackson v. State of Indiana (mem. dec.)
82A04-1406-CR-281
Criminal. Affirms revocation of probation.

William L. Holt v. State of Indiana (mem. dec.)
11A01-1406-CR-269
Criminal. Affirms conviction of Class C felony battery and vacates Holt's Class A misdemeanor domestic battery conviction due to double jeopardy violations.

Amanda Biggs v. State of Indiana (mem. dec.)
53A05-1406-CR-295
Criminal. Affirms six-year sentence for Class C felony robbery and Class C felony forgery.

Opinions Feb. 13, 2015

February 13, 2015

Indiana Court of Appeals
Kevin A. Mathews v. State of Indiana
73A04-1406-CR-288
Criminal. Affirms conviction of Class B felony robbery. Finds Mathews waived his right to a face-to-face confrontation with the victim by failing to attend her deposition. Her deposition, conducted through Skype, was given under oath and transcribed by a court reporter.

COA affirms admission of re-recorded videos in rape trial

February 13, 2015

A man convicted of raping his wife after drugging her – and recording several sexual encounters – could not convince the Indiana Court of Appeals that the wife’s recordings of the videos she found on her husband’s cellphone should not have been admitted at his trial.

Defendant waived right to confront victim by not attending Skype deposition

February 13, 2015

A man’s rights under the Indiana Constitution were not violated when the state admitted his victim’s deposition acquired through Skype because the man chose not to be present during the deposition, ruled the Indiana Court of Appeals.

COA declines to rule on motion to compel due to lack of cogent argument

February 13, 2015

A couple awarded more than $7,600 following a car accident did not provide cogent argument or legal authority to support their claim a trial court erred in denying their motion to compel, the Indiana Court of Appeals held Friday.

Order to pay for rescued animals’ treatment OK under general restitution statute

February 13, 2015

Because a Perry County woman relinquished her three neglected horses to a local rescue organization, she cannot be ordered to pay restitution based on the animal cruelty statute, the Indiana Court of Appeals ruled Friday. But the general restitution statute supports the trial court order Julie Bickford pay nearly $700 in restitution.

COA affirms denial of plaintiff’s request for deposition fee reimbursement

February 13, 2015

A doctor named as a defendant in a malpractice lawsuit was not required to pay more than $2,000 toward the deposition fees of the plaintiff’s expert, the Indiana Court of Appeals ruled.

Opinions Feb. 12, 2015 ILD

February 12, 2015

Indiana Court of Appeals
Fatima Mays v. State of Indiana (mem. dec.)
49A04-1407-CR-310
Criminal. Affirms conviction and sentence for Class D felony pointing a firearm.

Larry Cameron v. State of Indiana (mem. dec.)
49A02-1407-CR-505
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Ronald Rodgers v. State of Indiana (mem. dec.)
49A02-1406-CR-407
Criminal. Affirms conviction of Class A felony child molesting and 50-year sentence with 10 years suspended.

Michael A. Beitler v. State of Indiana (mem. dec.)
90A02-1406-CR-425
Criminal. Affirms conviction of Class A misdemeanor driving while suspended with a prior judgment within 10 years.

In the Matter of the Guardianship of K.E.H., S.A.K. v. Indiana Department of Child Services (mem. dec.)
19A01-1407-GU-305
Guardianship. Affirms denial of S.A.K.’s request for permanent guardianship of K.E.H.

Derrick Demarco Armstead v. State of Indiana (mem. dec.)
65A01-1408-CR-232
Criminal. Affirms there was no prosecutorial misconduct and the trial court did not abuse its discretion by not allowing Armstead to question the detective about the contents of a video.

Donald W. Riddle v. State of Indiana (mem. dec.)
27A02-1405-CR-355
Criminal. Affirms conviction of Class A felony neglect of a dependent resulting in death.

Roland Mobley v. State of Indiana (mem. dec.)
29A02-1404-CR-282
Criminal. Affirms conviction of Class D felony intimidation.

Majra Russell v. State of Indiana (mem. dec.)
49A02-1407-CR-448
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

Jeffrey W. Smith v. State of Indiana (mem. dec.)
34A02-1402-CR-95
Criminal. Affirms conviction of Class D felony failure to register as a sex or violent offender.

Opinions Feb. 12, 2015

February 12, 2015

The following Indiana Supreme Court decision was posted after IL deadline Wednesday:
Brandon Brummett v. State of Indiana
49S02-1502-CR-69
Criminal. Clarifies that Ryan v. State, 9 N.E.3d 663 (Ind. 2014), a case involving prosecutorial misconduct, did not alter the doctrine of fundamental error. Summarily affirms Court of Appeals reversal of several of Brummett’s convictions due to prosecutorial misconduct.

COA upholds intimidation conviction of man participating in fake robbery

February 12, 2015

A staged robbery between two friends to cover up stolen funds from an employer took an unexpected turn when a good Samaritan tried to catch the supposed robber. The Indiana Court of Appeals affirmed the defendant’s intimidation conviction for pulling a knife on the good Samaritan during a chase.

Failure to file board record dooms claim for judicial review

February 12, 2015

A company that did not file the board record or request an extension of time to file the record within 30 days as required by the applicable judicial review statute should not have been allowed to proceed with its request for judicial review, the Indiana Court of Appeals held. The judges reversed the denial of the town of Pittsboro’s request to dismiss Ark Park LLC’s claims.

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