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Opinions Nov. 5, 2013 ILD

November 5, 2013

Indiana Court of Appeals
Dawn Willsey v. State of Indiana (NFP)
24A01-1302-CR-117
Criminal. Affirms 16-year aggregate sentence following guilty plea to two counts of burglary, Class B felonies.

James W. Avery v. Cynthia L. (Avery) Howe (NFP)
18A05-1301-DR-28
Domestic relation. Affirms trial court’s dissolution decree awarding 60 percent of the marital estate to James Avery and 40 percent to Cynthia (Avery) Howe.

A.C. James, Jr., v. State of Indiana (NFP)
02A03-1304-CR-108
Criminal. Affirms conviction of murder and criminal recklessness, a Class D felony.

Brandon Titus v. State of Indiana (NFP)
79A02-1305-CR-460
Criminal. Reverses denial of Titus’s petition for modification of convictions and remands to the trial court for further action consistent with this opinion. Holds the trial court’s discretion was limited to determining if Titus had complied with the terms of the plea agreement. Therefore, the court abused its discretion when it considered whether Titus would or could pursue a career in law enforcement.

Eric Powell v. State of Indiana (NFP)
49A02-1303-CR-226
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana. Finds police officer’s request for Powell’s identification and search for outstanding arrest warrants were reasonable under Article 1, Section 11 of the Indiana Constitution.

The Indiana Tax Court did not submit any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.

Opinions Nov. 5, 2013

November 5, 2013

Indiana Supreme Court
Jason Wilson v. Kelly (Wilson) Myers
71S03-1305-DR-399
Domestic relation. Reverses modification of custody. Finds an abuse of discretion in the way this modification was carried out and ordered as it never mentioned whether the modification was in the best interest of the children or noted any substantial change in any of the factors enumerated in I.C. 31-17-2-8. Orders an evidentiary hearing and inquiry into in-camera interviews. Since the two children have already been pulled from their Indiana school system and are attending school in Michigan, this status quo should continue until further order of the court as to minimize further disruption to the kids.

Court of Appeals cites snail mail as reason for overturning summary judgment

November 5, 2013

While neither snow nor rain nor heat nor gloom of night will keep the U.S. Postal Service from its appointed rounds, the Indiana Court of Appeals reminded a lower court that trial rules allow for three extra days when motions are sent by mail.

‘Marijuana legal elsewhere’ claim no help in parental termination appeal

November 5, 2013

Termination of parental rights was properly granted for a molesting father in federal prison and a drug-using mother who failed to comply with court-ordered services after striking a child.

Jury finds IMPD officer guilty on all 9 counts

November 5, 2013

An Allen County jury returned a guilty verdict Tuesday afternoon in the trial of Indianapolis Metropolitan Police Officer David Bisard. Bisard faced nine charges stemming from a deadly accident in August 2010 when his police cruiser struck motorcyclists stopped at an Indianapolis intersection.

Trial court errantly suppressed DUI evidence

November 5, 2013

A Marion Superior Court should not have suppressed evidence of intoxication of a man who was taken to a roll-call station on suspicion of drunken driving, the Indiana Court of Appeals ruled.

Post-conviction claim allowed in DOC placement change

November 5, 2013

Offenders may seek post-conviction relief from Department of Correction placement changes, the Court of Appeals ruled Tuesday after the state revised its view that a claim should be dismissed.

Appeals court affirms revoked probation after test shows marijuana

November 5, 2013

A man ordered to serve 90 days of a suspended one-year sentence for a conviction of misdemeanor marijuana possession wasn’t denied due process when his probation officer admitted evidence of a positive urinalysis, the Indiana Court of Appeals ruled.

Justices reverse custody modification but order status quo to continue, for now

November 5, 2013

The laws in place to protect children caught in the middle of a custody battle were ignored by a St. Joseph Superior Court, the Indiana Supreme Court ruled Tuesday, pointing to a change in custody despite a lack of a proper evidentiary hearing.

How the Brizzi public-corruption case unraveled

November 5, 2013

Federal authorities suffered a near-complete defeat in their efforts to prosecute the players in an unusual real estate deal in Elkhart, a setback that ultimately doomed an ambitious public-corruption case targeting former Marion County Prosecutor Carl Brizzi.

Conour online asset auction begins, will run 2 weeks

November 5, 2013

An auction of wine, art, home furnishings and other assets seized from the Carmel home of imprisoned former wrongful-death attorney William Conour begins Tuesday and will continue for two weeks, according to the Texas auction company handling the sale.

Service-animal suit against Evansville schools proceeds

November 5, 2013

A federal lawsuit brought under the Americans with Disabilities Act after Evansville schools adopted a policy restricting the use of service animals will proceed.

Aye Chihuahua! Dog’s domain remains Indiana, appeals court rules

November 5, 2013

Sofie, the black-and-white Chihuahua-rat terrier mix, stays in Indiana, the Court of Appeals affirmed in a canine custody challenge.

DTCI: Trimble receives ISBA Presidential Citation

November 5, 2013

John C. Trimble, former president of DTCI, was honored with a Presidential Citation by the Indiana State Bar Association for his exceptional contribution to the profession of law and the residents of Indiana.

DTCI: What is the proper jury instruction on the state-of-the-art presumption?

November 5, 2013

This is a bait-and-switch article. It applies to instructing the jury on the continuing effect of rebuttable presumptions in all civil cases. It just so happens that one of the best examples is the presumption of no liability under Indiana’s Product Liability Act. That presumption is broader than just the state-of-the-art defense.

Disciplinary Actions – 11/6/13

November 5, 2013

See who’s been suspended or resigned recently in Indiana.

Law School Briefs – 11/6/13

November 5, 2013

Law School Briefs highlights news from law schools in Indiana.

Hammerle on … ‘Rush,’ ‘The Counselor’

November 5, 2013

Bob Hammerle says you could have no interest in Formula One racing but still enjoy “Rush.”

On The Move – 11/6/13

November 5, 2013

Read On the Move to find out who’s recently joined Indiana firms, who has been honored and what firm opened a new office in Indianapolis.

David, Massa stake key positions on court

November 5, 2013

A review of the work of the Indiana Supreme Court in 2012 by Barnes & Thornburg LLP attorneys finds Justices Steven David and Mark Massa establishing themselves respectively as swing votes and active dissenters.

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