Judges say evidence supports a retrial
Two Indiana Court of Appeals judges granted a man’s petition for rehearing and held that the evidence is sufficient for the state to retry him on criminal recklessness and resisting law enforcement charges.
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Articles
Man didn’t prove ex-wife misappropriated child support payments
Sidestepping a question of first impression in a child support case, the Indiana Court of Appeals reversed the modification of child support due to insufficient evidence. The father in this case believed his ex-wife was using child support money to fund her veterinary practice.
Former Lake County clerk’s convictions upheld by 7th Circuit
Thomas R. Philpot, the former Lake County clerk convicted of taking more than $24,000 in federal funds earmarked for child support and using that money to pay himself bonuses, will not receive a new trial, the 7th Circuit Court of Appeals held this week.
Zoeller moves to strike Ritz’s suit against Board of Education
Attorney General Greg Zoeller Thursday asked a court to throw out a lawsuit filed by Superintendent of Public Instruction Glenda Ritz against the Indiana Board of Education.
Opinions ILD Oct. 24, 2013
Indiana Court of Appeals
Cannon IV, Inc. v. Matthew Antisdel (NFP)
49A04-1304-PL-171
Civil plenary. Affirms judgment in favor of Antisdel on his breach of contract claim against Cannon IV arising out of an employment agreement between the parties.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Oct. 24, 2013
Indiana Court of Appeals
Gregory Dickens v. State of Indiana
71A03-1304-PC-101
Post conviction. Affirms denial of petition for post-conviction relief seeking new trial for murder of a police officer. Dickens was not entitled to a new trial in light of either newly discovered evidence or an alleged Brady violation. He also did not receive ineffective assistance of trial counsel.
Jury finds David Camm not guilty of murder
After 13 years and three murder trials, David Camm has been found not guilty of murdering his wife and two young children.
Bankruptcy court staff cuts starting to impact customers
The United States Bankruptcy Court for the Southern District of Indiana cut an additional eight positions from its clerk’s office at the end of September, according to an update posted online from Chief Judge James Coachys. The court had already cut six positions in the beginning of the year.
Overwhelming evidence of guilt trumps defendant’s post-conviction claims
The Indiana Court of Appeals upheld a northern Indiana man’s life without parole sentence for killing a police officer in 1997, finding the post-conviction court did not err when it denied him a new trial.
COA once again rules guardians have no authority to file for divorce
Indiana law does not allow guardians the ability to petition for the dissolution of marriage on their ward’s behalf, the Indiana Court of Appeals held for the second time in nearly four months. The appeals court reversed the grant of a divorce filed by an incapacitated man’s daughters, who are his co-guardians.
Court upholds 2-year suspension of teacher’s license
An administrative law judge in the Indiana Department of Education correctly imposed a two-year suspension of a special education teacher’s license, the Indiana Court of Appeals ruled Thursday. The court found no error in the ALJ’s reliance on a California case when considering whether to revoke or suspend a teaching license.
Court of Appeals names Nancy Vaidik as next chief judge
The Indiana Court of Appeals of Indiana has selected Judge Nancy H. Vaidik to succeed Judge Margret G. Robb as the court’s next chief judge. Vaidik’s three-year term of office will start Jan. 1, 2014.
Opinions Oct. 23, 2013 ILD
Indiana Court of Appeals
Reginald L. McCracken and Bowar Development, LLC v. Joseph Huber, Tony Thoma, et al. (NFP)
55A04-1301-CC-39
Civil collection. Affirms on interlocutory appeal the order granting a preliminary injunction to Huber and other homeowners. Affirms decision to compel McCracken to promptly convey title to two parcels to the homeowner association.
James Cameron v. State of Indiana (NFP)
20A05-1304-PC-170
Post conviction. Affirms denial of petition for post-conviction relief.
Eugene Robinson v. State of Indiana (NFP)
45A03-1301-PC-21
Post conviction. Affirms denial of petition for post-conviction relief.
Curtis L. Jones v. State of Indiana (NFP)
02A03-1303-PC-85
Post conviction. Affirms denial of petition for post-conviction relief.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Oct. 23, 2013
Indiana Court of Appeals
Phillip Griffin v. State of Indiana
49A02-1212-CR-964
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement as the police officer lacked reasonable suspicion to detain Griffin for the purpose of investigating a possible crime. Affirms conviction of Class A misdemeanor battering an officer while being placed under arrest because there is sufficient evidence Griffin was not acting in self-defense. Also reverses order to perform community services and remands to address the question of payment of costs. Judge Mathias concurs in separate opinion; Judge Bailey concurs in part and dissents in part.
Judge: better to assess defendant under mental health law, not criminal one
In a resisting arrest and battery case that drew opinions from each of the sitting judges on the Indiana Court of Appeals panel, Judge Paul Mathias addressed the issue of whether the defendant suffered from a mental illness. He urged law enforcement to consider mental health intervention to treat troubled – but innocuous – conduct instead of relying on criminal law.
State’s school chief files suit against board of education
State Superintendent of Public Instruction Glenda Ritz filed a lawsuit Tuesday accusing 10 members of the State Board of Education of violating state law in a secret effort to undermine her. Ritz is a Democrat; the 10 board members were appointed by Republican governors. Questions have surfaced concerning whether the action by Ritz runs contrary to state law, and Bryan Corbin, public information officer for the Office of the Indiana Attorney General, said Attorney General Greg Zoeller isn’t going to comment on the case until he speaks to the parties involved. Zoeller hopes his office can serve some useful role in resolving the conflict outside of court. IBJ.com has more on the lawsuit.
New survey outlines how corporate law departments are cutting costs
Chief legal officers have turned to negotiating price reductions with outside counsel, doing more work in house, and greater use of technology in efforts to control costs, according to a survey released Wednesday by legal management consulting firm Altman Weil Inc.
Proposed changes to fee schedules in Allen County open to public comment
Allen Superior Court is, again, offering for public comment proposed changes to the fees for its alternative court programs.
Opinions Oct. 22, 2013 ILD
Indiana Court of Appeals
Jeffrey Robinson v. State of Indiana (NFP)
49A02-1301-CR-6
Criminal. Affirms trial court’s denial of motion to suppress a search of Jeffrey Robinson’s underwear that turned up marijuana.
Tony Kimble v. State of Indiana (NFP)
49A02-1303-CR-268
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.
Gabriel McCreary v. Connersville Storage and Miniwarehousing (NFP)
21A01-1212-CC-554
Collections. Affirms trial court award of damages and attorney fees to Gabriel McCreary.
James W. Johnston v. Diana Johnston (NFP)
49A02-1302-DR-142
Domestic relations. Affirms trial court rulings concerning child support and various rulings leading to the court’s conclusions.
Brian K. Moore v. State of Indiana (NFP)
73A01-1301-CR-40
Criminal. Affirms revocation of probation.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.
7th Circuit blasts lawyers in reinstating malicious prosecution suit
A man wrongly prosecuted, convicted and imprisoned for the arson of Frankton High School more than 10 year ago was ultimately freed, but the 7th Circuit Court of Appeals Tuesday blistered attorneys in a subsequent malicious prosecution lawsuit who successfully argued in the U.S. District Court for dismissal of the man's federal complaint.