The Indiana Court of Appeals reversed a father’s conviction of child molesting related to his daughter, finding his confession, which was admitted into evidence at trial, was obtained in violation of Miranda protocol.
The Indiana Court of Appeals held that the trial court ruled correctly when it did not allow certain epidemiological evidence by a plaintiff’s expert witness in a medical malpractice lawsuit, but the court stopped short of saying this type of evidence could never be admitted in a medical malpractice case.
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Gregory L. Brown v. Review Board of the Indiana Dept. of Workforce Development, and H & H Mechanical of Michiana LLC (NFP)
93A02-1202-EX-133
Agency action. Affirms denial of unemployment benefits.
Dennis Ogutu v. State of Indiana (NFP)
71A03-1202-CR-98
Criminal. Affirms conviction of Class A misdemeanor neglect of a dependent.
In Re: The Term. of the Parent-Child Rel. of: C.H. and G.H., and G.H. and J.H. v. Indiana Dept. of Child Services (NFP)
79A02-1112-JT-1203
Juvenile termination. Affirms termination of parental rights.
In the Matter of T.B., A Child Alleged to be a Delinquent Child v. State of Indiana (NFP)
65A04-1203-JV-146
Juvenile. Affirms order requiring T.B. register as a sex offender.
Tacuma G. Wolfe v. State of Indiana (NFP)
18A05-1111-CR-604
Criminal. Affirms conviction of Class B felony dealing in cocaine.
Kenneth W. Wegener v. State of Indiana (NFP)
34A05-1202-PC-47
Post conviction. Affirms denial of petition for post-conviction relief.
Steven D. Powell v. State of Indiana (NFP)
45A03-1201-CR-2
Criminal. Affirms sentence for Class B felony dealing in cocaine and Class C felony attempted battery.
Michael A. Ayers v. State of Indiana (NFP)
20A03-1201-CR-52
Criminal. Affirms conviction of Class A felony attempted murder.
Ivan Brown v. State of Indiana (NFP)
71A04-1201-CR-24
Criminal. Affirms conviction of Class B felony burglary.
Indiana Court of Appeals
Ashley T. Tucker v. Michelle R. Harrison, M.D.
79A05-1108-CT-404
Civil tort. Affirms judgment in favor of Dr. Harrison on Tucker’s medical malpractice complaint. The trial court did not abuse its discretion in excluding Tucker’s expert testimony, limiting her questioning of a witness about possible bias, or in instructing the jury.
The split decision by the U.S. Court of Appeals for the District of Columbia Circuit to vacate the Environmental Protection Agency’s Cross-State Air Pollution Rule because of federal law violations is “great news” for Indiana, Gov. Mitch Daniels said.
Have an old computer, cell phone, or other electronics lying around your house or office that you’d like to get rid of? This Friday, you can drop off those items at a free drive-thru e-cycling event sponsored by the Indianapolis Bar Association.
The Indiana Court of Appeals announced Tuesday that its newest judge, Rudolph Pyle III, will take the oath of office in a private ceremony Aug. 27.
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
Gary Watts v. State of Indiana (NFP)
49A02-1201-CR-24
Criminal. Affirms conviction of Class D felony theft.
Michael Cochran v. State of Indiana (NFP)
04A03-1201-PC-20
Post conviction. Affirms denial of petition for post-conviction relief.
Freddie Boggess v. State of Indiana (NFP)
75A03-1112-CR-581
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, Class D felony possession of chemical reagents or precursors with intent to manufacture, Class A misdemeanor driving while suspended, and Class B misdemeanor false informing.
Brandon E. Klein v. K.J. (NFP)
79A02-1112-PO-1157
Protective order. Affirms protective order issued against Klein.
Mark Williams v. State of Indiana (NFP)
49A04-1201-CR-4
Criminal. Affirms order Williams serve entire sentence that was suspended at the time of initial sentencing.
Leonard Dewitt v. State of Indiana (NFP)
15A01-1202-PC-63
Post conviction. Affirms denial of petition for post-conviction relief.
Cody Hunt v. State of Indiana (NFP)
35A05-1112-CR-677
Criminal. Affirms conviction of Class D felony battery of a child less than 14 years of age by someone older than 18.
Gregory Vories v. State of Indiana (NFP)
42A04-1201-CR-32
Criminal. Dismisses Vories’ appeal of the denial of his motion for modification of bond.
Reginald Lee v. State of Indiana (NFP)
49A02-1112-CR-1127
Criminal. Affirms convictions of Class B felony robbery and Class D felony auto theft.
Michael Timothy Dean v. State of Indiana (NFP)
73A01-1112-CR-624
Criminal. Affirms conviction of attempted obstruction of justice as a Class D felony.
Christopher Davis v. State of Indiana (NFP)
49A04-1201-CR-19
Criminal. Affirms revocation of probation and execution of previously suspended sentence.
Bruce William Lee v. State of Indiana (NFP)
02A04-1204-CR-173
Criminal. Affirms sentence for Class D felony failure to register as a sex or violent offender.
John Norton, Jr. v. State of Indiana (NFP)
5A04-1202-CR-99
Criminal. Affirms sentence for Class B felony burglary.
Giorgio E. White v. State of Indiana (NFP)
02A03-1201-CR-51
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.
Indiana Court of Appeals
Jason Fields v. State of Indiana
47A04-1110-CR-577
Criminal. Affirms two convictions of Class B felony dealing in methamphetamine. The trial court’s response to the jury’s mid-deliberation question did not constitute a modification of the jury instructions.
Attorneys for the state of Indiana have begun the formal appeal process after a Marion County court in July awarded a $52 million judgment to IBM over cancellation of the company’s contract to privatize social service claims processing.
The Indiana General Assembly has begun the search for a new executive director of the Legislative Services Agency.
A Lawrence County man was unable to prove to the Court of Appeals that the trial court abused its discretion when it denied his motion for a mistrial. He argued the judge modified the jury instructions when he answered a question from the jury in mid-deliberations.
The Indiana Supreme Court took a post-conviction case Aug. 13 and sent it back to the Court of Appeals for consideration.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
James E. True v. State of Indiana (NFP)
24A01-1110-CR-532
Criminal. Reverses conviction of Class A misdemeanor invasion of privacy due to double jeopardy violation and orders conviction vacated. Affirms conviction of Class D felony residential entry.
Cynthia Sue Damron v. GMAC Mortgage, LLC (NFP)
20A03-1110-MF-514
Mortgage foreclosure. Affirms denial of Damron’s Indiana Trial Rule 60(B) motion for relief from judgment and subsequent motion to correct error.
In Re the Paternity of A.W., T.W. v. J.P. (NFP)
68A05-1202-JP-59
Juvenile paternity. Affirms order granting father J.P. custody.
James Johns v. Pike County Commissioners (NFP)
63A01-1112-MI-607
Miscellaneous. Affirms judgment on the pleadings as to Johns’ claim concerning a road closure agreement and dismisses the rest of the appeal as moot.
7th Circuit Court of Appeals
Joshua Resendez v. Brian Smith
11-1121
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms dismissal of petition for writ of habeas corpus, in which Resendez claimed the state denied him his constitutional right to counsel in a sentence correction proceeding under I.C. 35-38-1-15. His claims may not be presented via that statute as his motion is a collateral challenge to his sentence.
Madison Circuit Judge Rudolph Pyle III has told the Indiana Supreme Court he will resign from Circuit Court Aug. 26 to take his spot on the Indiana Court of Appeals. Gov. Mitch Daniels appointed Pyle an appellate judge Aug. 7.
The Department of Child Services Interim Study Committee will meet for the first time Wednesday afternoon to discuss various matters including funding and child in need of services cases.
The Indiana Department of State Revenue asked the Indiana Tax Court to create a rule requiring limited liability companies be represented by attorneys in court, similar to a rule pertaining to corporations, but Judge Martha Wentworth declined to “invent such a rule where one does not currently exist.”
The 7th Circuit Court of Appeals rejected a man’s claims in support of his petition for a writ of habeas corpus, finding his motion to correct sentence wasn’t a motion pursuant to Indiana Code, but was a collateral attack on his sentence.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
John Willis v. State of Indiana (NFP)
49A04-1112-CR-654
Criminal. Affirms trial court decision to not inform jury about Willis’ mental health issues to explain his behavior during voir dire.
Ronald Williams v. State of Indiana (NFP)
49A05-1110-CR-616
Criminal. Affirms denial of motion to correct erroneous sentence.
Darrell Hall v. State of Indiana (NFP)
49A02-1201-CR-5
Criminal. Remands for correction of the abstract of judgment to reflect that Hall was convicted of Class B misdemeanor battery.
Steven C. Lane v. Brandy D. Rosenquist and Hermann Ventures, LLC d/b/a Seasons Homecare (NFP)
43A03-1111-CT-534
Civil tort. Affirms denial of motion to correct error and exclusion of evidence regarding health insurance.
Mark Van Eaton and Cynthia Van Eaton Vallimont v. German American Bancorp (NFP)
42A01-1111-MF-535
Mortgage foreclosure. Reverses order granting German American Bancorp’s motion to sell real estate. Remands for further proceedings.