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Opinions April 22, 2013 ILD

April 22, 2013

Indiana Court of Appeals
Gregory L. Saylor v. State of Indiana (NFP)
02A03-1209-PC-396
Post conviction. Affirms post-conviction court’s denial of Saylor’s petition for post-conviction relief. Found Saylor’s counsel did properly advise concerning the benefits and consequences of accepting a plea offer. Also ruled his counsel did raise Saylor’s mental disability as a mitigating factor at sentencing.

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

Opinions April 22, 2013

April 22, 2013

Indiana Court of Appeals
Douglas A. Guilmette v. State of Indiana
71A04-1205-CR-250
Criminal. Affirms conviction for murder. The court found although the trial court did err by admitting DNA from a bloody shoe into evidence, the error was harmless because other substantial and independent evidence supported the conviction. It also ruled the trial court did not abuse its discretion by instructing the jury on accomplice liability, and it ruled the evidence was ample to sustain the murder conviction.

Trial court should have booted the bloody shoe, but conviction stands

April 22, 2013

The Indiana Court of Appeals agreed with a convicted murderer that his bloody shoe should not have been admitted into evidence, but the judges did not overturn the conviction, ruling other substantial independent evidence supported the guilty verdict.

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April 19, 2013

On The Move highlights employment news, awards and honors attorneys receive, and board appointments or elected positions. Digital images should be 200 dpi and saved as eps, tiff or jpg. Color images are preferred. Information must be submitted at least 10 days before the Wednesday issue in which it is to appear. Submit your announcement […]

House passes JTAC, court late payment bills

April 19, 2013

The Indiana House of Representatives passed on concurrence several bills Wednesday, including legislation dealing with judicial technology and automation.

Self-defense claim of man who killed 2 fails on appeal

April 19, 2013

An Indianapolis man’s claim that the state failed to disprove his claim of self defense did not persuade the Indiana Court of Appeals to revisit his two murder convictions and sentence of 115 years in prison.

Appeals court overturns suppression of evidence gathered in search

April 19, 2013

A special judge in Orange Circuit Court erred in suppressing evidence obtained during the execution of a search warrant that led to a man’s arrest on Class D felony charges of possession of marijuana, the Indiana Court of Appeals ruled Friday.

Opinions April 19, 2013 ILD

April 19, 2013

Indiana Court of Appeals
Gregory Garrett v. State of Indiana (NFP)
49A02-1208-CR-666
Criminal. Affirms Garrett’s conviction for Class A misdemeanor battery.

Eddie Hargrow v. State of Indiana (NFP)
48A02-1208-CR-697
Criminal. Affirms sentencing Hargrow to the maximum of 65 years for murder. Ruled the trial court did not abuse its discretion in sentencing Hargrow and that the sentence was not inappropriate in light of the nature of his offense and character.

David Smigielski v. State of Indiana (NFP)
71A05-1209-CR-492
Criminal. Affirms conviction for operating a motor vehicle while intoxicated, a Class C misdemeanor, and for operating a motor vehicle while intoxicated after having been convicted of operating a motor vehicle while intoxicated, a Class D felony.

Michael Warren v. State of Indiana (NFP)
18A02-1210-CR-870
Criminal. Dismissed for lack of subject matter jurisdiction. Ruled the trial court erred when it granted Warren leave to file a belated notice of appeal of the probation revocation order.

Philip M. Reed v. State of Indiana (NFP)
32A05-1208-CR-426
Criminal. Affirms conviction of Class C felony operating a motor vehicle after driving privileges are forfeited for life. Found trial counsel provided effective assistance.

Darius Washington v. Indiana Department of Correction (NFP)
52A02-1204-SC-796
Small Claim. Affirms judgment for the Indiana Department of Correction after Washington filed a notice of claim regarding the loss of her property. Found the trial court did not err by entering judgment in favor of the DOC or by denying Washington’s motion to transport.

Kenneth Schaefer v. State of Indiana (NFP)
49A02-1206-CR-468
Criminal. Affirms convictions of murder and Class C felony battery. Found the trial court did not abuse its discretion by refusing to give Schaefer’s tendered instruction to the jury regarding voluntary manslaughter and sudden heat. Also ruled Schaefer’s sentence to an aggregate of 60 years is not inappropriate in light of the nature of the offenses and his character.

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.

Opinions April 19, 2013

April 19, 2013

Indiana Court of Appeals
Razien McCullough v. State of Indiana
49A02-1210-CR-789
Criminal. Affirms two murder convictions and a 115-year aggregate sentence, holding that the state presented sufficient evidence to disprove McCullough’s claim of self-defense and that the sentence was not inappropriate given the nature of the crimes and McCullough’s character.

Boone County courthouse closed due to flood, state of emergency

April 19, 2013

The Boone County courthouse was closed Friday as the county was under a state of emergency due to flooding. A representative of the sheriff’s office said the courthouse in Lebanon was expected to reopen Monday, though no determination had been made early Friday.

New Conour asset check ordered in bond revocation bid

April 18, 2013

Former attorney William Conour stayed out of custody in his federal wire fraud case Thursday, but the judge withheld a ruling on a government bid to revoke bond until investigators can take a fresh look at Conour’s assets the FBI inventoried last year.

Opinions April 18, 2013 ILD

April 18, 2013

Indiana Court of Appeals
J.S. v. State of Indiana (NFP)
49A04-1209-JV-490
Juvenile. Affirms adjudication of Class D felony resisting law enforcement if committed by an adult.

Tory Simmers v. United Farm Family Mutual Insurance Company (NFP)
17A04-1211-CT-577
Civil tort. Affirms insurer is entitled to $5,000 set off and summary judgment.

Scott Miller v. State of Indiana (NFP)
44A05-1207-PC-376
Post conviction. Affirms denial of petition for post-conviction relief.

Tyronne J. Noel v. State of Indiana (NFP)
87A01-1211-CR-525
Criminal. Affirms conviction of Class B misdemeanor reckless driving for passing a stopped school bus sign.

Maximilian Spiegel v. State of Indiana (NFP)
49A02-1208-CR-687
Criminal. Affirms conviction of Class A felony child molesting.

Mark Vickery v. State of Indiana (NFP)
49A02-1209-CR-740
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Timothy J. Taylor v. State of Indiana (NFP)
49A05-1209-PC-476
Post conviction. Affirms denial of petition for post-conviction relief.

Jane M. Burkart v. State of Indiana (NFP)
46A03-1211-CR-465
Criminal. Affirms revocation of probation for failure to pay restitution.

Maura Leonard v. David Leonard (NFP)
49A04-1208-DR-439
Domestic relation. Affirms property distribution order in dissolution of marriage. The trial court erred in awarding the vehicle to the parties’ adult child and $4,000 in cash should have been included in the marital estate, but those errors were harmless. Declines to set aside dissolution decree.

Jevante Lancaster v. State of Indiana (NFP)
49A02-1208-CR-635
Criminal. Affirms revocation of probation and placement in Marion County Criminal Corrections.

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.

Opinions April 18, 2013

April 18, 2013

7th Circuit Court of Appeals
United States of America v. Johnnie C. Collins
12-3317
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms denial of motion to suppress evidence in drug case in which Collins entered a conditional plea of guilty to possession of crack with intent to distribute and possession of powder cocaine with intent to distribute.

7th Circuit declines to overturn ruling on excessive force

April 18, 2013

A man who entered a conditional plea on drug charges couldn’t convince the 7th Circuit Court of Appeals Thursday that it should overturn a ruling that the use of excessive force during an arrest is not a basis for suppressing evidence.

Mother, wife could consent to search of home for meth

April 18, 2013

A man convicted of making methamphetamine objected to his conviction, arguing that his mother, who he claims has Alzheimer’s disease, and his wife did not have the authority to allow police to search his home on the report he was making the drug.

Court orders more proceedings on laborer’s pay

April 18, 2013

The Boone Superior Court will need to take another look at a man’s lawsuit against R.L. Turner Corporation that claimed he was underpaid by the company for labor he provided on two public works projects, the Indiana Court of Appeals ruled Thursday.

COA reduces $125k judgment against company to $200 in fines

April 18, 2013

Finding that a liability administrative law judge erred in determining that a company that previously operated a call center in Fishers owed more than $125,000 in unemployment insurance contributions, interest and penalties for a year when the company had no Indiana employees, the Indiana Court of Appeals reversed.

Justices suspend Bloomington attorney who arranged drug buy

April 18, 2013

Bloomington attorney David Schalk, who arranged a drug buy in 2007 in an attempt to impeach a witness’s credibility at trial, has been suspended for at least nine months by the Indiana Supreme Court.

Attorneys collect $55k, 10k pounds of food in competition

April 18, 2013

The March Against Hunger food drive competition among legal organizations in Indiana and Kentucky has raised the equivalent of 143 tons of food, the Office of the Indiana Attorney General announced Wednesday.

Opinions April 17, 2013 ILD

April 17, 2013

Indiana Court of Appeals
Earlie B. Berry, Jr. v. State of Indiana (NFP)
02A03-1210-CR-455
Criminal. Affirms conviction of Class C felony burglary.

Donald Dowdell v. State of Indiana (NFP)
49A02-1209-CR-765
Criminal. Affirms convictions of Class D felonies dealing in marijuana and possession of marijuana.

Term. of the Parent-Child Rel. of: T.P. (Minor Child), and D.P. (Father) v. The Indiana Dept. of Child Services (NFP)
15A01-1207-JT-320
Juvenile. Affirms termination of parental rights.

David Meece v. State of Indiana (NFP)
89A04-1208-CR-412
Criminal. Affirms denial of mistrial motions.

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.

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