Divided COA adds to difference of opinion on partial consecutive sentences
The Indiana Court of Appeals issued a 2-1 opinion Monday that further deepened an appellate divide on whether judges may impose partially consecutive sentences.
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Articles
Justices take grandparent visitation, divorce cases
Cases involving grandparents’ visitation rights and modification of parental custody orders have been added to arguments that will be heard by the Indiana Supreme Court.
Jurors may be asked mental health, suicide questions in Shuai case
Potential jurors in the high-profile trial of a Chinese immigrant charged with murder for the death of her newborn daughter won’t have to disclose their religious or political views, but they will be asked whether they or people close to them have been treated for mental health issues, suffered the loss of an infant or attempted suicide.
Opinions May 31, 2013 ILD
Court of Appeals
Gary W. Moody v. Beverly Martin, Director of the Johnson Co. Public Library Dist.; The Board of Trustees of the Johnson Co. Public Library Dist.; Brian J. Deppe, et al. (NFP)
41A01-1208-PL-388
Civil plenary. Affirms trial court denial of Moody’s motion to correct errors and partial dismissal of lawsuit and remands to the trial court for a determination of the library’s reasonable expenses.
David Mark Frentz v. State of Indiana (NFP)
59A01-1207-PC-334
Criminal. Affirms denial of post-conviction relief.
LaWanda White v. State of Indiana (NFP)
49A02-1209-CR-713
Criminal. Reverses and remands to the trial court a restitution order that White pay $875.82 for expenses incurred in treating an arresting officer after her arrest for Class A misdemeanor operating a vehicle while intoxicated. The court failed to adequately inquire into her ability to pay restitution, the court held.
Penni Williams v. John Mark Williams (NFP)
87A01-1210-DR-493
Domestic relation. Affirms the post-dissolution court’s order denying Penni Williams’ cross-petition requesting the court to order the payment of college expenses.
Daniel Rodgers-Conwell, Jr. v. State of Indiana (NFP)
02A04-1210-CR-546
Criminal. Affirms revocation of probation for Rodgers-Conwell’s failure to maintain good behavior.
Rhonda Johnson v. State of Indiana (NFP)
49A02-1210-CR-816
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
McLynnerd Bond, Jr. v. State of Indiana (NFP)
45A03-1205-CR-212
Criminal. Affirms on interlocutory appeal the trial court’s denial of his motion to suppress a murder confession.
Charles R. Chulchian v. Rivoli Center for the Performing Arts, Inc., and Indianapolis Eastside Revitalization Corp. (NFP)
49A04-1209-PL-452
Civil plenary. Affirms trial court denial of motions to set aside judgment and rescind an agreed entry.
Jimmy Dale Edwards v. State of Indiana (NFP)
53A05-1209-PC-445
Criminal. Affirms denial of post-conviction relief.
Joshua Shay Morris v. State of Indiana (NFP)
73A01-1211-CR-528
Criminal. Affirms revocation of probation.
In the Matter of the Term. of the Parent-Child Rel. of: C.T. & N.T.; and J.T. and B.T. v. The Indiana Dept. of Child Services (NFP)
67A04-1210-JT-543
Juvenile termination. Affirms termination of parental rights to C.T., B.T. and N.T.
Donte Carter v. State of Indiana (NFP)
49A02-1209-CR-766
Criminal. Affirms aggregate 72-year sentence for murder and Class C felony attempted robbery.
Brandon M. Ebeyer v. State of Indiana (NFP)
53A01-1209-CR-400
Criminal. Affirms convictions of Class C felony attempted burglary and Class A misdemeanor resisting law enforcement.
Thomas M. Slaats v. Sally E. Slaats (NFP)
87A01-1210-DR-474
Domestic relation. Affirms orders regarding father Thomas Slaats’ obligation to reimburse mother Sally Slaats for agreed extracurricular fees.
Dominick Irby v. State of Indiana (NFP)
49A02-1208-CR-660
Criminal. Affirms conviction of Class D felony criminal recklessness.
Jason Davison v. State of Indiana (NFP)
05A02-1211-CR-968
Criminal. Affirms conviction of Class C felony child molesting.
Alvino Pizano v. Gregory F. Zoeller, et al. (NFP)
33A01-1302-MI-65
Miscellaneous. Reverse and remands the state’s motion for summary disposition of Pizano’s petition for habeus corpus relief, holding a genuine issue of material fact exists as to whether Pizano met his burden to show he earned a bachelor’s degree during his incarceration.
The Indiana Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
Opinions May 31, 2013
Indiana Supreme Court
Brian Scott Hartman v. State of Indiana
68S01-1305-CR-395
Criminal. Reversed and remanded a trial court’s denial of a motion to suppress Hartman’s confession. Found Hartman’s previous invocation of his Miranda rights was still in place when detectives questioned him days later because his earlier request for counsel was unproductive which likely increased the coercive pressure.
Justices rule defendant’s confession came under ‘increasing coercive pressure’
Incriminating statements made to detectives during an early morning interrogation in the county jail have been thrown out by the Indiana Supreme Court because the defendant had invoked his right to counsel at an interrogation two days before.
Contempt conviction for failure to testify affirmed
A woman who refused to answer questions about another criminal defendant after she was granted immunity was not wrongly convicted of contempt of court, an appellate panel ruled Friday.
Appeals court tosses 1 of man’s 6 drug convictions
A man found guilty of multiple drug charges will have one conviction vacated because he was subjected to double jeopardy, the Court of Appeals ruled Friday.
Appeals court reinstates trucker’s wrongful death suit
A trial court erred in granting summary judgment for an axle manufacturer sued by the estate of a contract truck driver who died when a load fell on him in an accident that occurred while the facility was closed.
Justices vacate transfer in pot bust case heard in Merrillville
A divided appellate court ruling upholding a marijuana conviction resulting from a tip that led to a traffic stop will stand after the Indiana Supreme Court vacated transfer.
Justice, probation officer appointed to children’s commission
Indiana Chief Justice Brent Dickson has appointed Justice Loretta Rush and Henry County Chief Probation Officer Susan Lightfoot to the newly created Commission on Improving the Status of Children in Indiana. He made the appointments Wednesday.
Judge sets hearing on Conour bond revocation bid
A judge Thursday set a hearing to determine whether former personal injury attorney William Conour will remain free pending his federal wire fraud trial.
Opinions May 30, 2013 ILD
Indiana Court of Appeals
United Farm Family Mutual Insurance Co. v. Indiana Insurance Co. and Royal Crown Bottling Corp. (NFP)
49A02-1211-PL-914
Civil plenary. Affirms summary judgment in favor of Indiana Insurance Co. and Royal Crown Bottling Corp. on whose auto insurance should cover damage from an accident a spouse was involved in with a company car.
Michael Toney v. State of Indiana (NFP)
79A04-1209-CR-471
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class B felony possession of a firearm by a serious violent felon, but reverses sentence because the trial court abused its discretion in ordering the habitual offender enhancement be served consecutive to the two counts. Remands for resentencing.
Aaron Wiegand v. State of Indiana (NFP)
02A04-1210-CR-502
Criminal. Affirms denial of petition to withdraw guilty pleas for unlawful possession of a firearm by a serious violent felon as a Class B felony and criminal recklessness as a Class C felony.
Kristi Gates v. State of Indiana (NFP)
87A01-1210-CR-484
Criminal. Affirms denial of motion to suppress evidence obtained upon the execution of two search warrants.
Brian T. Martin v. State of Indiana (NFP)
71A03-1210-CR-446
Criminal. Affirms conviction of Class C misdemeanor operating while intoxicated, which was the underlying conviction for Martin’s Class D felony OWI conviction.
In Re: The Marriage of Kenneth G. Haynie, Jr. v. Teresa H. Haynie (NFP)
82A01-1206-DR-265
Domestic relation. Affirms court’s decision to set aside to wife assets that she had inherited. Reverses in part dissolution decree because it and an order on motion to correct error do not correspond with a substantially equal division of the remaining assets. The husband is entitled to an order for the transfer of assets actually allocated to him by the dissolution court in its division of marital assets.
James King v. State of Indiana (NFP)
49A02-1210-CR-858
Criminal. Affirms denial of petition for permission to file a belated notice of appeal.
Michael and Brenda Gralia v. Butler Garden Center (NFP)
67A01-1301-CT-26
Civil tort. Reverses trial court order granting Butler’s motion to dismiss a breach of contract claim and remands for further proceedings.
Russell Grady v. State of Indiana (NFP)
49A02-1210-CR-854
Criminal. Affirms conviction of Class A misdemeanor battery.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
Opinions May 30, 2013
7th Circuit Court of Appeals
United States of America v. Daniel L. Delaney
12-2849
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane Magnus-Stinson.
Criminal. Delaney’s argument that no reasonable juror could have failed to find that he acted in the heat of passion when he killed his cellmate fails because there was considerable evidence of forethought, much of it emanating from the defendant’s own statements. Judge Bauer concurs.
Judge’s opinion keeps colleague in suspense
7th Circuit Court of Appeals Judge Richard Posner had a fellow judge on the edge of his seat Thursday waiting to see how the opinion in a murder case would be decided. The court upheld a prisoner’s conviction of first-degree murder of the prisoner’s cellmate.
COA: Social worker able to testify as expert witness
A social worker who testified about a parenting assessment at a termination of parental rights hearing was properly allowed to testify as an expert witness, the Indiana Court of Appeals ruled, because the Indiana Rules of Evidence control. The judges affirmed the termination of a mother’s parental rights to her two young sons.
Ephedrine database allowable under business record hearsay exception
The Indiana Court of Appeals held Thursday that a National Precursor Log Exchange report documenting the purchases of ephedrine and pseudoephedrine by a defendant are allowed into evidence under the business record exception to the hearsay rule.
Aromatherapy distributors challenge new ‘look-alike’ synthetic drug law
Four companies that sell novelty items, aromatherapy products and other items have filed a lawsuit against Indiana’s prosecutors, alleging a newly enacted law that makes it illegal to possess or deal “look-alike” synthetic drugs is unconstitutional.
Insufficient notice voids tax deed
The Indiana Court of Appeals found a Carroll County man should be allowed to make a redemption payment to obtain five parcels of real estate owned by his mother that were put in a tax sale. The failure to comply with the statutes governing tax sales and redemption rendered void a tax deed on the properties assigned to someone else.
Man ineligible to bring belated appeal
Because his guilty plea included a fixed sentence, a man who pleaded guilty to a drunken-driving charge is precluded from challenging his sentence by direct appeal, the Indiana Court of Appeals ruled. This also prevents him from challenging his sentence under Ind. Post-Conviction Rule 2.