Andrea D. Lyon, associate dean for clinical programs at DePaul University College of Law in Chicago, will join the Valparaiso University Law School as dean on June 2, 2014. She has experience both teaching and practicing law, and is a national expert in criminal defense.
Indiana Court of Appeals
Jan A. Riddle v. State of Indiana (NFP)
84A01-1304-CR-185
Criminal. Affirms sentence following guilty plea to one count of Class D felony theft. Reverses the restitution order and remands with instructions that the trial court order Riddle to pay L.P. $267.40 in restitution.
James D. Minnich v. State of Indiana (NFP)
01A02-1305-CR-466
Criminal. Affirms conviction for operating a vehicle with an alcohol concentration equivalent of at least 0.15 gram of alcohol per 210 liters of breath as a Class D felony.
Eric D. Smith v. State of Indiana (NFP)
49A05-1306-CR-295
Criminal. Dismisses appeal of denial of Smith’s petition for modification of placement without a hearing.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals has posted no Indiana decisions at IL deadline.
Indiana Court of Appeals
Hitesh Seth v. Midland Funding, LLC, as an Assignee of Columbus Bank and Trust as Issuer of Aspire Visa
48A05-1303-CC-110
Civil collection. Reverses summary judgment in favor of Midland Funding LLC on Midland’s complaint against Seth for nonpayment of credit card debt. Midland has failed as a matter of law to designate evidence to make a prima facie case that it is entitled to summary judgment on its complaint. Accordingly, the burden of proof did not shift to Seth to show that there exist questions of material fact precluding summary judgment.
A senior judge who presided in a Marion Superior criminal court for more than a dozen years testified Friday that delayed releases of defendants from jail are a problem with the county’s entire judicial system and not limited to the court of a judge facing discipline for that and other charges.
Finding a company did not satisfy its burden of proof under Indiana Trial Rule 56(C) when attempting to collect on a breach of a credit card contract, the Indiana Court of Appeals on Friday reversed summary judgment in the case.
The Indiana Court of Appeals rejected a man’s argument Friday that he couldn’t be convicted of Class A felony child molesting under the accessory statute because the perpetrator was under 21 at the time of the molestations.
The Indiana General Assembly passed an overhaul of the state’s criminal code during 2013 but left two major issues for the upcoming session – funding and sentencing.
Indiana Court of Appeals
Michael P. Stafford v. State of Indiana (NFP)
17A04-1304-CR-178
Criminal. Affirms convictions and 120-year sentence for Class A felony criminal deviate conduct, Class A felony kidnapping, Class B felony burglary, Class B felony criminal confinement, and Class B felony robbery while armed with a deadly weapon.
Michael Schepers v. State of Indiana (NFP)
19A01-1303-CR-100
Criminal. Affirms denial of Schepers’ motion to suppress and remands for retrial.
Michael Kelley v. State of Indana (NFP)
45A04-1303-PC-161
Post conviction. Affirms denial of petition for post-conviction relief.
David Fields v. State of Indiana (NFP)
15A01-1301-PC-3
Post conviction. Affirms denial of petition for post-conviction relief.
Anthony Tsikouris, Diann Tsikouris, and the 601 Building, Inc., v. LaPorte Savings Bank (NFP)
46A05-1212-MF-659
Mortgage foreclosure. Affirms summary judgment in favor of bank on its foreclosure action. However, the amount of the damages was erroneous, and the trial court therefore abused its discretion when it denied the motion to correct error. Additionally, the motion to correct error should have been granted as to the award of attorney fees. Remands with instructions to conduct a hearing on damages and attorney fees.
State of Indiana v. Jerramy Bushong (NFP)
67A04-1304-CR-196
Criminal. Affirms denial of the state’s motion to correct error, which challenged the grant of a motion to suppress evidence.
Jeffrey V. McCloud v. State of Indiana (NFP)
49A02-1304-CR-322
Criminal. Double jeopardy principles embodied in the continuing crime doctrine bar entry of two judgments of conviction against McCloud for resisting law enforcement. The trial court erred when it imposed a sentence in excess of statutory authority against McCloud for possession of paraphernalia, as a Class A misdemeanor. McCloud’s 47-year sentence was not inappropriate under Appellate Rule 7(B). Remands with instructions to vacate his conviction for resisting law enforcement as a Class A misdemeanor and to enter a sentence within the authorized statutory range on McCloud’s conviction for possession of paraphernalia as a Class A misdemeanor.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Court of Appeals
Debra Minott, Faith Laird, Patti Bailey v. Lee Alan Bryant Health Care Facilities, Inc.; Parkview Residential Care Center, L.L.C.; Parke County Residential Care Center, L.L.C., et al.
49A05-1305-PL-213
Civil plenary. Reverses denial of state’s request for restitution for damages paid. The Nov. 8 order was not a final judgment because it did not address the issue of restitution. Holds the law firms and creditor banks in this case are judgment creditors. Remands for further proceedings.
In a dispute over whether two law firms should have to repay money from a judgment they received by way of attorney liens, the Indiana Court of Appeals held that the law firms are judgment creditors, so they are liable to pay restitution to the state of Indiana.
Indiana Chief Justice Brent Dickson has reappointed Senior Judge Barbara L. Brugnaux and Madison attorney Gary K. Kemper to the Indiana Board of Law Examiners. Their first terms as members expire Dec. 1.
"Trolls, Bullies and Squatters: Modern Challenges to IP Rights" will be presented Dec. 5 as part of Indiana Lawyer's Practicing Law in Indiana CLE series. A $79 early-bird rate for this program is available through Nov. 7.
Speakers for this Intellectual Property CLE will include David Wong and Jeff Barron of Barnes & Thornburg. The two-hour program will run from 1 to 3:15 p.m. on Dec. 5 in the Barnes & Thornburg auditorium.
Register for the program now on the Indiana Lawyer's events page. For more information, contact Kelly Lucas at 317-472-5233 or [email protected].
A panel on the Indiana Court of Appeals will hear arguments later this month on whether the state should have to pay more than $62 million to IBM after cancelling its billion-dollar contract with the company to modernize Indiana’s welfare system.
Indiana Court of Appeals
Keianna Rae Harrison v. Cynthia L. Wells (NFP)
49A02-1303-CC-265
Civil collection. Dismisses appeal of the denial of Harrison’s Trial Rule 60(B) motion for relief from a default judgment entered in favor of Wells.
Joshua Doan v. State of Indiana (NFP)
49A04-1302-CR-90
Criminal. Affirms conviction of Class A felony burglary but reverses determination Doan is a habitual offender as he did not intelligently waive his jury-trial rights for the habitual-offender charge. Remands for a jury trial or bench trial on this count.
Curtis McGrone v. State of Indiana (NFP)
49A02-1304-CR-347
Criminal. Affirms 40-year aggregate sentence for Class B felony robbery and two counts of Class B felony criminal confinement.
Cleve Stone v. State of Indiana (NFP)
49A05-1303-CR-102
Criminal. Affirms convictions of Class A felony burglary and Class C felony robbery.
Dexter Stacy, Sr. v. State of Indiana (NFP)
76A04-1303-CR-113
Criminal. Affirms 75-year aggregate sentence for two counts of Class A felony child molesting.
John Garbacz v. State of Indiana (NFP)
45A03-1303-CR-87
Criminal. Reverses denial of motion to discharge and remands with instructions for the court to grant Garbacz’s motion.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Court of Appeals
Kimberly Kubina v. State of Indiana
45A03-1303-CR-100
Criminal. Affirms 35-year sentence following guilty plea to Class A felony neglect of a dependent. The trial court did not abuse its discretion in finding Kubina was in a position of trust with her stepson.
A judge Tuesday denied former Marion County Prosecutor Carl Brizzi’s request for a gag order in the legal malpractice claim filed against him by defrocked Indiana Secretary of State Charlie White.
A defendant attempted to persuade the Indiana Court of Appeals that the Class A felony classifications for dealing or possession of cocaine are disproportionate by pointing to the recent revisions to the Criminal Code. The new criminal classifications and sentencing structure that take effect next year no longer include these crimes in the highest level of felonies.
A Lake Superior judge did not abuse her discretion in sentencing a woman to 35 years for neglect of a dependent after the woman’s stepson died following years of abuse.
Indiana Lawyer will host Practicing Law in Indiana: Immigration CLE on Nov. 8 in Indianapolis. Seats are still available – register online today at Indiana Lawyer 's events page.
Mariana Richmond of Barnes & Thornburg will chair and moderate a program looking at global mobility issues and the impact of changes in immigration law. Panelist Amanda Thornburg of Eli Lilly and Company will offer insight from an employer’s perspective and Jeff Papa of the Indiana Senate will provide a legislative update regarding immigration issues. Michael Palmer of Barnes & Thornburg will discuss how to have a robust immigration compliance policy.
Registration will begin at 12:30 p.m. and the program runs from 1 to 3:15 p.m. at the offices of Barnes & Thornburg in Indianapolis. Registration fee is $89. Attendees will earn two hours of CLE credit. Indiana Lawyer is presenting this Immigration CLE program in partnership with Barnes & Thornburg.
For questions or more information, contact Kelly Lucas at 317-472-5233 or [email protected].
Finding that an addition to the state’s statute did not change the intent of the law, the Indiana Court of Appeals ruled that school bus drivers in Anderson were rightly denied their unemployment checks.