Articles

2 convicted for roles in death of fellow inmate

Two inmates at the Terre Haute Federal Correctional Institution have been convicted for their roles in the death of a fellow inmate, the U.S. Attorney’s Office for the Southern District of Indiana announced Wednesday. William J. Bell and Lenard Dixon were recently ordered to wear modified leg restraints during their trial.

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Commission announces new fees for CLE

Attorneys and sponsors who are late in reporting attendance to the Indiana Commission for Continuing Legal Education will be subject to up to a $50 fee, according to an order released by the Indiana Supreme Court.

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How the Supreme Court handles death cases

Supreme Court of the United States decisions to allow inmates to be put to death or to grant a rare reprieve often come at the last minute, and sometimes after the appointed hour of execution has come and gone.

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Trademark board rules against Redskins name

A federal trademark board ruled Wednesday that the Washington Redskins nickname is "disparaging of Native Americans" and that the team's trademark protections should be canceled, a decision that applies new financial and political pressure on the team to change its name.

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Opinions June 18, 2014 ILD

Indiana Court of Appeals
Keith D. Bott v. State of Indiana (NFP)
48A02-1312-CR-1058
Criminal. Affirms revocation of probation.

Joshua Ketchem v. State of Indiana (NFP)
48A02-1308-PC-695
Post conviction. Affirms denial of petition for post-conviction relief.

Edwin Hunt v. State of Indiana (NFP)
60A01-1309-CR-406
Criminal. Affirms 40-year sentence for Class B felony burglary and adjudication as a habitual offender.

Bruce L. Truett v. State of Indiana (NFP)
49A02-1311-CR-926
Criminal. Affirms revocation of placement in community corrections and order Truett serve three of his six years in the Department of Correction.

Larry Page v. State of Indiana (NFP)
48A05-1311-PC-556
Post conviction. Affirms denial of petition for post-conviction relief.

Demitrus Grant v. State of Indiana (NFP)
49A02-1311-CR-959
Criminal. Affirms conviction of Class C felony operating a motor vehicle after license was suspended for life.

In re the Paternity of E.S.: Makayla LeGault v. Michael J. Scott (NFP)
71A05-1312-JP-606
Juvenile. Affirms modification of mother’s custody of minor child and grant of sole physical custody of child to Scott.

Christopher Baxter v. State of Indiana (NFP)
22A01-1312-CR-551
Criminal. Affirms 40-year sentence for murder.

Signature Estates of Indiana, Inc. d/b/a Gordon Marketing, Stephens-Matthews Marketing, Inc., Shields Brokerage, Inc. et al. v. Conseco Medical Insurance Company, et al. (NFP)
29A02-1310-PL-846
Civil plenary. Reverses partial summary judgment for Conseco Medical Insurance Company and other defendants in lawsuit alleging fraud and breach of fiduciary duty. Remands for further proceedings.

Omert'a LLC, Dino Zurzolo d/b/a Shangri-La East, and Wholesalers, Inc. d/b/a Shangri-La Show Club v. Phillip Gray (NFP)
93A02-1309-EX-812
Agency action. Affirms order directing payment of money to complainant Gray and other actions by the respondents.

David Gregg v. State of Indiana (NFP)
15A01-1311-CR-505
Criminal. Affirms two-year sentence imposed after Gregg admitted violating a term of his probation.

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.
 

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US Supreme Court declines to hear Fort Wayne case

The case of an Ohio man sentenced to 60 years for killing a man he found sleeping in a motel room where he and other traveling magazine vendors were staying is headed to the Indiana Court of Appeals after the U.S. Supreme Court declined to hear it.

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Opinions June 18, 2014

7th Circuit Court of Appeals
Gabriel V. Mendoza v. United States of America
13-3195, 13-3196
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms denial of Mendoza’s petition for relief from his drug convictions. He was not deprived due process when an interpreter relocated her position in the courtroom to translate for a witness nor was he provided ineffective assistance of counsel.

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COA rules against bank in lien dispute

Wells Fargo Bank could not convince the Indiana Court of Appeals to reverse default judgment entered against it in favor of two companies trying to foreclose on mechanic’s liens. The court also had a warning for litigants when filing amended complaints.

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COA split over whether convicted murderer needs new trial

The Indiana Court of Appeals upheld a murder conviction Wednesday after the defendant argued his right to confront witnesses against him was violated. But one judge on the panel agreed with Michael Torres and wrote in his dissent that Torres should have a new trial.

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Bosma: No ethics sanctions against Turner

House Speaker Brian Bosma said Tuesday he will not sanction House Speaker Pro Tem Eric Turner after an ethics probe determined the lawmaker did not technically violate state ethics rules.

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Opinions June 17, 2014 ILD

Indiana Court of Appeals
Valle Vista Limited, LLC v. Selective Insurance Company of South Carolina (NFP)
41A05-1309-PL-481
Civil Plenary. Affirms trial court’s judgment enforcing the terms of an agreement that Selective would pay no more $500,000 to Valle Vista for hail damage. Also affirms lower court’s dismissal of Valle Vista’s lawsuit claiming Selective must turn over the total amount of $616,587.79 which was awarded by an umpire.  

Christopher Carlisle v. State of Indiana (NFP)
06A01-1308-CR-352
Criminal. Affirms Carlisle’s conviction of domestic battery, a Class D felony.

Dustin Perkins v. State of Indiana (NFP)
49A02-1312-CR-1001
Criminal. Affirms Perkins’s convictions of murder and Class C felony robbery.

Kent A. Easley v. State of Indiana (NFP)
73A04-1311-PC-566
Post conviction. Affirms post-conviction court’s dismissal of Easley’s successive petition for post-conviction relief.

Cornelius Hines v. State of Indiana (NFP)
52A05-1312-CR-594
Criminal. Affirms convictions for Class C felony criminal confinement, and Class D felony battery.

Trevor Nash Tice v. State of Indiana (NFP)
15A01-1307-CR-301
Criminal. Affirms conviction and 12-year sentence for child molesting, a Class B felony.

Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

 

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Opinions June 17, 2014

Indiana Court of Appeals
Cruisin', Inc., d/b/a Cruisin' Auto Sales v. Springleaf Financial Services of Indiana, Inc., f/k/a American General Financial Services
39A01-1309-CC-423
Civil collection. Affirms judgment in favor of Springleaf. Finds Cruisin’ breached the terms of the contract by giving the title to the car buyer rather than mailing it to Springleaf. Remands to correct a scrivener’s error and enter the reimbursement amount at $2,659.02. Also remands to enter the judgment damage award against the dealership and buyer jointly and severally.

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