After children are grown, custodial parent still a victim of nonsupport
The Indiana Supreme Court ruled that a mother was a victim of a father who failed to pay support for his three children even years after the kids were grown.
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Former Lake County clerk Philpot sentenced
A former Lake County clerk convicted of felony theft and mail fraud in the U.S. District Court, Northern District of Indiana will serve an 18-month sentence and pay a fine of $10,000.
Circuit Court rules utility contract falls in state jurisdiction
A dispute between a power generator and an electricity wholesaler should be heard in the state court, the 7th Circuit Court of Appeals ruled after finding the central issues did not arise under federal law.
Interstate defendant denied due process in hasty sentencing trip
A Kentucky inmate brought to an Indiana court for sentencing on four burglary counts to which he pleaded guilty was deprived due process when his new attorney was given only minutes to prepare, the Court of Appeals ruled.
Opinions Feb. 22, 2013 ILD
Indiana Court of Appeals
John Kennendy v. State of Indiana (NFP)
49A02-1206-CR-450
Criminal. Affirms conviction of Class D felony theft.
Shawn W. Nicosin v. William J. Mesaeh and Loretta D. Mesaeh (NFP)
11A01-1207-MI-308
Miscellaneous/grandparent visitation. Reverses and remands the trial court’s grant of visitation of G.N. with her maternal grandparents, holding that the court erred by deviating from the requirements established in In re Guardianship of A.L.C., 902 N.E.2d 343, 356 (Ind. Ct. App. 2009).
Kelvin Hampton v. State of Indiana (NFP)
84A04-1209-CR-483
Criminal. Reverses and remands a denial of request for return of $146 in $1 bills and a photograph seized during a search of his residence, holding there was no indication the state instigated civil forfeiture proceedings.
Kevin Smith v. State of Indiana (NFP)
45A04-1205-PC-264
Post-conviction. Affirms denial of post-conviction relief on convictions of Class A felony rape and criminal deviate conduct, Class B felony criminal confinement and Class C felony sexual battery.
Pablo C. Gallo v. Sandra Moira Hyland (NFP)
79A02-1207-DR-624
Domestic relations. Reverses and remands the trial court’s distribution of marital property order with instructions that the court follow the statutory presumption of equal distribution of property or set forth its rationale for deviating from it.
The 7th Circuit Court of Appeals issued no Indiana opinions and the Indiana Tax Court issued no opinions prior to IL deadline.
Opinions Feb. 22, 2013
Indiana Supreme Court
K.W. v. State of Indiana
49S02-1301-JV-20
Juvenile. Affirms Court of Appeals reversal of trial court ruling designating K.W. a delinquent for resisting law enforcement, and orders the delinquency adjudication vacated. Justices held that evidence was insufficient that K.W. acted “forcibly” to resist a school resource officer when he pulled away as the officer was attempting to handcuff him.
Officer’s inclusion of victim’s statements did not violate Confrontation Clause
The Indiana Court of Appeals has ruled that a police officer’s testimony that incorporated statements from the victim did not violate the defendant’s right to be confronted with the witnesses against him.
Ban on police cell phone searches in texting-while-driving cases advances
Police would be restricted in most cases from retrieving information from cell phones and similar devices for violation of texting-while-driving laws under a measure that passed the Indiana Senate on Thursday.
Change to public intoxication statute not retroactive
A woman convicted of public intoxication may not receive relief from a change in the statute that took effect a day before her bench trial.
Justices toss delinquency ruling for resisting school resource officer
A high school student’s action of trying to pull away from a school resource officer who tried to handcuff him is insufficient to support his adjudication as a delinquent, the Indiana Supreme Court ruled Friday.
Bills on magistrates; custody and visitation pass House
The Indiana House of Representatives passed House Bill 1041 Thursday morning 96-0. The bill addresses petitions to modify custody and visitation involving children who have been abused or neglected.
Opinions Feb. 21, 2013 ILD
Indiana Court of Appeals
Robert A. Carmer v. State of Indiana (NFP)
03A04-1208-CR-427
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.
David Purlee v. State of Indiana (NFP)
88A01-1210-IF-458
Infraction. Reverses entry of default judgment against Purlee for driving while suspended and remands for further proceedings.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
Opinions Feb. 21, 2013
Indiana Court of Appeals
Curtis Tyrell Cutler v. State of Indiana
71A05-1206-CR-339
Criminal. Affirms conviction of Class B felony burglary. Finds there was sufficient evidence to warrant a jury finding beyond a reasonable doubt that Cutler committed the burglary. Holds the trial court did not err in permitting the use of a statement Cutler made to police for impeachment.
COA answers first impression issue on custodial statements
A defendant convicted of a burglary in St. Joseph County challenged the admission of his prior statement to police while in custody, arguing the statement couldn’t be allowed at his trial because a recorded version of the statement wasn’t available at trial as required by Indiana Evidence Rule 617.
Valparaiso dean leaving for Charlotte law school
Jay Conison, dean of Valparaiso University Law School since 1998, has been named as the new dean of Charlotte School of Law, effective April 15.
‘Term of imprisonment’ is the total time a misdemeanant is incarcerated
Deciding an issue that has led to confusion in the courts, the Indiana Supreme Court ruled that time suspended is not included under "term of imprisonment" as used in the Indiana misdemeanor sentencing statute.
High-priced Chicago firm handling Durham’s appeal pro bono
Just because Tim Durham isn’t paying a lawyer to handle the appeal of his 50-year federal prison sentence doesn’t mean he’s getting shortchanged.
7th Circuit rejects hospital’s claims for $20M more in federal aid
Columbus Regional Hospital, which was flooded following heavy rains in southern Indiana in 2008, is not entitled to an additional $20 million in disaster relief funds from the Federal Emergency Management Agency in addition to the $70 million it already received, the 7th Circuit concluded Wednesday.
Opinions Feb. 20, 2013 ILD
Indiana Court of Appeals
Efren Radillo Diaz v. State of Indiana (NFP)
20A05-1209-PC-458
Post conviction. Affirms denial of petition for post-conviction relief.
Charles James Popp v. State of Indiana (NFP)
82A01-1205-CR-197
Criminal. Affirms convictions of sexual misconduct with a minor as a Class C felony, nine counts of Class B felony sexual misconduct with a minor and Class A misdemeanor intimidation.
Jeannie A. Dickman v. State of Indiana (NFP)
82A01-1205-CR-202
Criminal. Affirms conviction of Class A misdemeanor conversion.
Bradley J. Oskey v. Review Board of the Indiana Department of Workforce Development and CL Schust Company, Inc. (NFP)
93A02-1203-EX-272
Agency action. Affirms denial of Oskey’s claim for unemployment compensation benefits.
Kathy J. Ragla v. Review Board of the Indiana Department of Workforce Development and Wendy's of Fort Wayne, Inc. (NFP)
93A02-1207-EX-550
Agency action. Affirms denial of unemployment benefits.
Jason A. Mejia v. State of Indiana (NFP)
20A03-1208-CR-346
Criminal. Affirms conviction of Class D felony failure to return to lawful detention.
Tami and Dennis Lockard v. Lawrence T. Newman (NFP)
49A05-1204-CC-202
Civil collection. Affirms judgment against the Lockards in Lawrence Newman’s suit for unpaid legal fees, but remands for explanation or recalculation of the prejudgment interest component.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
Opinions Feb. 20, 2013
7th Circuit Court of Appeals
Columbus Regional Hospital v. Federal Emergency Management Agency
12-2007
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms summary judgment in favor of FEMA on the hospital’s lawsuit seeking $20 more in federal aid following a flood in 2006. Holds the District Court is the proper venue for the hospital’s lawsuit. Rejects the hospital’s claims that it is entitled to the cost of new equipment instead of cost less depreciation and that FEMA should not have deducted from the aid the $25 million it received from insurance.