Seegers Lecture to look at ‘legal realisms’
University of Chicago Law School professor Brian Leiter will deliver this year’s Seegers Lecture on Jurisprudence Thursday at Valparaiso University Law School. His topic is “Legal Realisms, Old and New.”
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Articles
DCS study committee to hold last meeting Tuesday
The Department of Child Services Interim Study Committee will meet for the last time Tuesday in the Indiana Government Center to consider bill drafts, a final report and “other business,” according to the committee agenda.
Justices hear arguments in Ball State case
In a case that hinges on the definition of “supervisor,” the United States Supreme Court heard arguments Monday morning in a lawsuit filed by a Ball State University employee.
Opinions Nov. 21, 2012 ILD
Indiana Court of Appeals
James Henley v. State of Indiana (NFP)
49A02-1205-CR-404
Criminal. Affirms convictions of Class C felonies attempted forgery and forgery, and Class D felony theft.
Term. of the Parent-Child Rel. of K.S. and K.C. (Minor Children) and Y.C. (Mother) v. The Indiana Dept. of Child Services (NFP)
48A04-1202-JT-52
Juvenile. Affirms involuntary termination of parental rights.
Lanika Young v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/november/11211205pdm.pdf
49A04-1203-CR-138
Criminal. Affirms sentence following guilty plea to Class A misdemeanor carrying a handgun without a license.
Opinions Nov. 21, 2012
7th Circuit Court of Appeals
United States of America v. William Hagler
11-2984
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge William C. Lee.
Criminal. Affirms conviction of attempted bank robbery. Hagler argued that the government waited too long to indict him, that the evidence was insufficient to convict him, and that new DNA testing entitles him to a new trial.
Note to readers
IL daily will not be published Nov. 22 and 23 in observance of Thanksgiving. Indiana Lawyer wishes you a happy Thanksgiving!
Statute of limitations did not run out on charging man with attempted bank robbery
A northern Indiana man’s conviction for attempted bank robbery stands after the 7th Circuit Court of Appeals found the five-year statute of limitations to bring the charge began tolling under an exception involving DNA testing.
Court affirms man’s conviction of murder, feticide enhancement
The Indiana Court of Appeals rejected a defendant’s claim that the state should have to prove that he knew his estranged wife was pregnant when he killed her in order to seek a sentence enhancement under the Indiana feticide enhancement statute.
Court correctly dismissed man’s motion to correct sentence
The Indiana Court of Appeals found the Clay Superior Court was right in dismissing a man’s pro se motion to correct his sentence stemming from drug convictions in 1994.
COA orders man removed from Ind. sex offender registry
Nearly three months after hearing arguments on Thomas H. Andrews’ request that he should not have to register in Indiana for a conviction in Massachusetts in 1984, the Indiana Court of Appeals has ordered that he be removed from Indiana's sex-offender registry.
State urges justices to draw ‘bright line’ on school choice vouchers
Indiana Solicitor General Thomas Fisher on Wednesday urged the Indiana Supreme Court to uphold the state’s school choice voucher program, arguing that it did not constitute an unconstitutional government support of religion.
Trial court properly retained 1 juror, dismissed other
A defendant who argued that a Marion Superior Court should have dismissed a juror after she stood near the defendant and his attorney briefly during a recess, but should not have replaced the juror who claimed she wasn’t comfortable rendering a decision, lost before the Court of Appeals Wednesday.
Deadline to apply for SCOTUS Fellows program Nov. 30
If you’re interested in learning more about the federal judiciary first hand, consider applying for the Supreme Court of the United States Fellows Program. Fellows gain insight into the policy issues facing the judiciary as well as learn more about administrative functions.
Pilot project to use transcript-preparing companies, cut filing time
Two companies will be hired to transcribe court records on an expedited schedule in a pilot program in selected courts, according to a Supreme Court order.
Order compelling Star to name online commenter stayed after arguments
The Indianapolis Star won’t have to divulge the identity of an online commenter pending further order of the Indiana Court of Appeals, which heard arguments in a defamation case on Tuesday.
Initiative to provide legal assistance for homeless veterans looking for additional help
Continuing its effort to secure on-going legal services for homeless veterans in Indianapolis, the Hoosier Veterans Assistance Foundation of Indiana is seeking the assistance of a consultant.
Budget session will not prevent state senators from working to improve DCS
The Indiana Department of Child Services will be part of the legislative agenda during the Indiana General Assembly’s 2013 session.
Opinions Nov. 20, 2012 ILD
7th Circuit Court of Appeals and for-publication opinions issued by the Indiana Court of Appeals are detailed in the above stories. Following are not-for-publication opinions issued by the Court of Appeals.
Indiana Court of Appeals
In the Matter of the Commitment of L.W. v. Wishard Health Services, Midtown Community Mental Health Center (NFP)
49A05-1202-MH-70
Mental Health. Affirms trial court’s order to involuntarily commit L.W. to Midtown Community Mental Health Center.
A.M. v. State of Indiana (NFP)
67A01-1205-JV-211
Juvenile Delinquency. Reverses trial court’s order adjudicating A.M. as a delinquent child.
Daniel R. Fuquay, Sr. v. State of Indiana (NFP)
82A01-1110-PC-519
Post-Conviction Relief Petition. Affirms denial of petition for post-conviction relief.
Paulette Petkovich, et al. v. Prime Contractors Co., Inc. (NFP)
64A03-1203-MF-102
Mortgage Foreclosure. Affirms in part, reserves in part, and remands. The COA affirms the award of attorney’s fees to Prime Contractors; but reverses and remands the trial court’s judgment in setting the priority of the various liens on the home.
Jose Gonzalez v. State of Indiana (NFP)
48A02-1203-CR-182
Criminal. Affirms the trial court’s decision to sentence Gonzalez to 40 years.
Damian Ray Ramirez v. State of Indiana (NFP)
71A04-1205-CR-274
Criminal. Affirms conviction for battery with a deadly weapon, a Class C felony.
In the Matter of the Term. of the Parent-Child Rel. of B.T., C.K. and D.K.; D.K. v. Indiana Dept. of Child Services (NFP)
49A05-1202-JT-89
Juvenile Termination of Parental Rights. Affirms mother’s involuntary termination of her parental rights to her minor children, B.T., C.K. and D.K.
Gerald E. Smith v. Ronda K. (Smith) Busch (NFP)
67A01-1205-DR-241
Domestic Relation. Reverses the granting of the motion to correct error and remands this matter to the trial court with instructions to reinstate its order granting the Trial Rule 41(E) dismissal.
Carmel Lofts LLC and Keystone Construction Corp. v. Elbrecht Investments, LLC (NFP)
29A05-1205-PL-266
Civil Plenary. Affirms trial court’s granting of summary judgment for Elbrecht on its mechanic’s lien claim against Carmel Lofts for the full amount of its retainage.
Edward Graveline v. Melina (Graveline) Peyovich (NFP)
45A04-1201-DR-28
Domestic Relation. Affirms trial court’s denial of Graveline’s motion for relief from judgment and declines to award appellate attorney fees in this matter.
In the Matter of the Term. of the Parent-Child Rel. of J.R. and L.R.; and J.E. v. Indiana Dept. of Child Services (NFP)
09A05-1203-JT-152
Juvenile Termination of Parental Rights. Affirms the involuntary termination of father’s rights to his children, J.R. and L.R.
Dequincy Lopez v. State of Indiana (NFP)
49A04-1204-PC-184
Post-Conviction Relief Petition. Affirms denial of Lopez’s request for post-conviction relief.
Ivan Calderon v. State of Indiana (NFP)
49A04-1202-CR-88
Criminal. Affirms conviction of disarming a law enforcement officer as a Class C felony, pointing a firearm as a Class D felony, resisting law enforcement as a Class D felony, possession of marijuana as a Class A misdemeanor, and carrying a handgun without a license as a Class A misdemeanor. Finds trial court did not commit a fundamental error when it admitted the evidence seized from Calderon.
John R. Northern v. State of Indiana (NFP)
56A03-1202-CR-62
Criminal. Affirms conviction of dealing in methamphetamine as a Class A felony and conspiracy to deal in methamphetamine as a Class A felony.
Dannie Engram v. State of Indiana (NFP)
49A02-1204-PC-309
Post-Conviction Relief Petition. Affirms denial of Engram’s petition for post-conviction relief.
Washaun Jones v. State of Indiana (NFP)
49A02-1204-CR-342
Criminal. Reverse and remands with instructions to vacate trial court’s order regarding the denial of Jones’s credit time for bad behavior and to correct the abstract of judgment so it reflects that Jones was convicted of dealing in cocaine as a Class B felony.
Todd Baker and Susan Baker v. Marathon Pipe Line, LLC (NFP)
87A01-1204-PL-156
Civil Plenary. Affirms denial of Bakers’ motion to correct error on the issue of whether their amended counterclaim for malicious prosecution was properly dismissed and of their motion to file a second amended counterclaim on the malicious prosecution and attorney fees issues.
Opinions Nov. 20, 2012
7th Circuit Court of Appeals
United States of America v. Lincoln Plowman
11-3781
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Criminal. Affirms Plowman’s convictions of federal funds bribery and attempted extortion under color of official right. The District Court did not err when it precluded him from arguing entrapment to the jury.
COA finds trial court’s error in sentencing was harmless
A trial court’s error in considering an arrest record as evidence of criminal history was harmless, the Indiana Court of Appeals ruled, because the aggravators and mitigators would have led the lower court to impose the same sentence.