North Manchester resident Michael Carpenter lost his attempt before the Indiana Court of Appeals to have evidence tossed out that was collected when police officers arrived at his home attempting to serve an arrest warrant for a different man. Police believed the man being sought lived at Carpenter’s residence.
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Marlon Sims v. State of Indiana (NFP)
49A02-1203-CR-183
Criminal. Affirms sentence for Class C felony robbery, Class D felony criminal confinement and finding Sims is a habitual offender.
Trenell C. Bright v. State of Indiana (NFP)
02A05-1203-CR-124
Criminal. Affirms convictions and sentences for four counts of dealing in cocaine or narcotic drug, one as a Class A felony and three as Class B felonies.
Sergio Sandoval v. State of Indiana (NFP)
02A02-1111-CR-1113
Criminal. Affirms conviction of Class B felony neglect of a dependent.
Robert Taylor v. State of Indiana (NFP)
49A02-1201-CR-50
Criminal. Affirms conviction of Class B felony rape.
In Re the Estate of Theresa Burnham; James Burnham v. Paulette Labean, Personal Representative of the Estate of Theresa Burnham (NFP)
71A03-1201-ES-30
Estate, supervised. Affirms denial of James Burnham’s petition to take a statutory intestate share of the estate of Theresa Burnham, his estranged wife.
Tavario Baskin v. State of Indiana (NFP)
20A03-1202-PC-79
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Court of Appeals
Marlon Sims v. State of Indiana (NFP)
49A02-1203-CR-183
Criminal. Affirms sentence for Class C felony robbery, Class D felony criminal confinement and finding Sims is a habitual offender.
The Indiana Supreme Court decided not to add any cases to their docket last week. The justices declined transfer to seven cases, including a lawsuit filed by a grandmother against her former attorney because he didn’t sue her grandson’s school.
The Indiana justices have issued several orders amending the rules of court. Among them is a change that allows the Disciplinary Commission to seek reimbursement from attorneys who have resigned or been disbarred.
The Department of Child Services announced Monday that it will fund a two-month pilot program that will utilize local services to provide help for juveniles with mental health issues.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Todd J. Posar v. Paula M. Posar (NFP)
71A04-1201-DR-38
Domestic relation. Reverses order granting Paula Posar’s Trial Rule 60(B) motion for relief from judgment pertaining to an order establishing Todd Posar’s college expense arrearage as of that date. Remands with instructions.
Sarah L. Thompson v. State of Indiana (NFP)
02A04-1204-CR-176
Criminal. Affirms conviction of Class C felony battery.
Kyle Lynch v. State of Indiana (NFP)
79A02-1112-CR-1175
Criminal. Affirms conviction and sentence for Class A felony child molesting.
Cory J. Pinkerton v. State of Indiana (NFP)
35A02-1202-CR-94
Criminal. Affirms five-year sentence enhancement imposed under I.C. 35-50-2-11 subsequent to Pinkerton’s conviction of Class C felony reckless homicide.
Jason Middleton v. State of Indiana (NFP)
70A01-1202-CR-69
Criminal. Affirms convictions and sentence for Class D felony possession of methamphetamine and Class A misdemeanor possession of paraphernalia.
Geramy Ridley v. State of Indiana (NFP)
49A04-1202-CR-89
Criminal. Affirms conviction and sentence for Class B felony unlawful possession of a firearm by a serious violent felon.
Kent A. Easley v. Indiana Dept. of Correction, et al. (NFP)
49A02-1202-PL-220
Civil plenary. Affirms dismissal of lawsuit.
Rolando Miguel-Gaspar Mateo v. State of Indiana (NFP)
09A04-1201-CR-17
Criminal. Affirms conviction and sentence for Class B felony aggravated battery.
Perry Odum v. State of Indiana (NFP)
30A01-1203-CR-102
Criminal. Affirms convictions of Class C felony burglary and Class D felony theft.
7th Circuit Court of Appeals
Fred E. Dowell v. United States of America
10-2912
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard L. Young.
Civil. Remands with instructions for the District Court to make a determination as to whether Dowell told his attorney to file an appeal to contest whether he was a career offender. Dowell claimed his plea agreement specifically reserved his right to appeal the career offender designation, but his attorney did not file the appeal.
Indiana Tax Judge Martha Blood Wentworth has been appointed by the Indiana Supreme Court as chair of the Indiana Pro Bono Commission. Allen Superior Judge David Avery has been appointed vice-chair, the Supreme Court announced Monday.
The 7th Circuit Court of Appeals has ordered a federal judge in the Southern District of Indiana to consider whether a defendant asked his attorney to appeal his designation of a career offender at sentencing, following a guilty plea.
A federal judge in Hammond has entered a default against former ear, nose and throat doctor Mark Weinberger and other defendants for their noncooperation with his medical malpractice insurance company regarding hundreds of pending malpractice claims.
The Evansville Bar Association is hosting a judicial debate for the Vanderburgh Superior judicial candidates in contested races on Wednesday.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Mandy Craig v. State of Indiana (NFP)
47A01-1202-CR-66
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.
Myron Markas Cook v. State of Indiana (NFP)
65A05-1201-CR-15
Criminal. Affirms conviction of Class B felony dealing in methamphetamine and that police officers’ initial entry into Cook’s home did not violate the Fourth Amendment.
Antonio D. Jones v. State of Indiana (NFP)
45A03-1111-CR-496
Criminal. Affirms convictions of four counts of felony murder.
Carlos E. Odom v. State of Indiana (NFP)
71A05-1203-CR-121
Criminal. Affirms convictions of Class B felonies robbery and burglary, Class A misdemeanors carrying a handgun without a license and driving while suspended, and Class C misdemeanor altered interim license plates.
7th Circuit Court of Appeals
Alan Kress and Randy Carr v. CCA of Tennessee LLC, doing business as Corrections Corporation of America, et al.
11-2950
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Affirms order denying class certification regarding the reduction of daily pill calls for inmates and granting summary judgment in favor of Corrections Corporation of America, et al., owner and operator of the Marion County Correctional Center. There was lack of evidence of any ongoing constitutional violations.
The Indiana Court of Appeals used its decision on a post-conviction relief appeal to “encourage” criminal defense attorneys to find out the citizenship of their clients and advise the clients as to the risks of deportation after pleading guilty.
Two former inmates who filed a class action lawsuit against the company that runs the Marion County Correctional Center couldn’t convince the 7th Circuit Court of Appeals that the court should rule in their favor. The men claimed the jail provided inadequate medical care and inhumane living conditions.
The Indiana Supreme Court has dismissed an appeal of a medical malpractice complaint filed in Porter County because Tim Black and the Department of Insurance have reached a settlement.
A judge with a statewide reputation as a leader in juvenile justice was named Friday as Indiana’s 108th Supreme Court justice and the second woman to serve on the high court.
Gov. Mitch Daniels has selected Tippecanoe Superior Judge Loretta Rush to sit on the Indiana Supreme Court. Rush is the second woman to serve on the state's highest court.
Indiana Lawyer is sponsoring a CLE on employment law titled “Practicing Law in Indiana: Employment” on Sept. 28 in Indianapolis. The chair and moderator is Mark Waterfill of Benesch, Attorneys at Law. Other featured speakers include David Carr of Ice Miller and Jan Michelsen of Ogletree Deakins.The program will include presentations on covenants not to compete, social media issues, and wage and hour issues.
Registration begins at 1 p.m. and the program is from 1:30 p.m. to 4:45 p.m. in the main auditorium at the OneAmerica Tower in Indianapolis. The cost is $99. The program provides three hours of CLE credit. Visit Indiana Lawyer 's events page to register online or to download a printable registration form. For questions or more information, contact Karen Aruta at 317-472-5201 or [email protected].