22 seek Sullivan’s spot on Supreme Court
The Indiana Judicial Nominating Commission received 22 applications from attorneys and judges interested in becoming the state’s next Supreme Court justice.
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Articles
Attorney’s home searched after his shooting in state park
Indiana conservation officers investigating a Spencer attorney’s shooting this week at a southern Indiana state park also have searched his home as part of the investigation.
Opinions June 29, 2012 ILD
Indiana Court of Appeals
Jennifer A. Kreegar v. Fifth Third Mortgage Company (NFP)
34A02-1110-MF-940
Mortgage foreclosure. Affirms denial of motion to correct errors and summary judgment ruling in favor of Fifth Third Mortgage Co.
Jack Haut v. State of Indiana (NFP)
75A05-1109-CR-512
Criminal. Affirms conviction of Class C felony reckless homicide.
John Hollins v. State of Indiana (NFP)
49A04-1109-PC-553
Post conviction. Affirms denial of petition for post-conviction relief.
Louis Board v. State of Indiana (NFP)
49A04-1111-CR-581
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
Michael W. Pine, Jr. v. State of Indiana (NFP)
84A01-1111-CR-588
Criminal. Affirms sentence for dealing in methamphetamine as a Class B felony and three counts of Class C felony neglect of a dependent.
Reuben Garcia v. State of Indiana (NFP)
12A05-1112-CR-646
Criminal. Affirms sentence following guilty plea to Class C felony dealing in marijuana.
Harold L. Tice, Jr. v. State of Indiana (NFP)
15A04-1110-PC-631
Post conviction. Affirms denial of petition for post-conviction relief.
Joseph A. Taylor v. Sgt. Rinehart (NFP)
48A02-1110-PL-993
Civil plenary. Affirms dismissal of complaint alleging the Pendleton Correction Facility’s disciplinary procedures denied Taylor certain rights.
Term. of Parent-Child Rel. of C.C., Minor Child; C.C., Mother v. Indiana Dept. of Child Services, and Lake County Court Appointed Special Advocate (NFP)
45A04-1110-JT-591
Juvenile. Affirms involuntary termination of parental rights.
Kenneth Lainhart v. State of Indiana (NFP)
24A04-1105-CR-299
Criminal. Affirms convictions and sentence for Class B felonies conspiracy to manufacture methamphetamine and manufacturing methamphetamine.
In Re: The Marriage of L.R. v. J.R. (NFP)
45A04-1110-DR-526
Domestic relation. Affirms dissolution decree that ordered J.R. to pay $368 a week in child support, divided the marital property, found L.R. in contempt for willfully violating a provisional order, and ordered the parties pay their own attorney fees.
P.T. v. State of Indiana (NFP)
49A02-1111-JV-1063
Juvenile. Reverses adjudication as a delinquent child for committing what would be Class A misdemeanor when committed by an adult.
Indiana Tax Court posted no opinions at IL deadline.
Opinions June 29, 2012
7th Circuit Court of Appeals
Zachary Medlock v. Trustees of Indiana University, et al.
11-3288
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Dismisses Medlock’s appeal of the denial of his request for a preliminary injunction to prevent the enforcement of a one-year suspension from the school. The appeal is moot because the 7th Circuit cannot grant any effectual relief.
Justices divided over man’s conviction of criminal trespass
The state failed to prove an essential element of criminal trespass, according to one Indiana justice, so he dissented from his colleagues’ decision to uphold a man’s conviction stemming from his refusal to leave his bank.
Court upholds judgment in favor of Cedar Lake
A fired employee’s claim that he had a constitutionally protected interest in his job with the Town of Cedar Lake and that he was entitled to due process before being fired failed on appeal.
Court fee changes begin July 1
The cost to file a case in some courts will increase by $1 or $2 beginning July 1. The fee increases include a fee created to address deficiencies in pro bono funds.
Carmel police officer discharged for just cause
The Indiana Court of Appeals reversed the finding by an administrative law judge and a review board that a city of Carmel police officer was fired, but not for just cause.
COA: mentally handicapped parents not immune from termination proceedings
The Indiana Court of Appeals declined to grant a mother’s request to carve out an exception in involuntary termination of parental rights cases for parents who are mentally handicapped. The Tippecanoe County mother claimed her children shouldn’t be removed from her care because of her mental faculties.
Judges deny bail for man charged with killing 2 children
The Evansville man accused of setting fire to a home he shared with his girlfriend and her two children – which killed the children – and then fleeing will remain in jail awaiting his August trial, the Indiana Court of Appeals held.
7th Circuit tosses IU dorm-search lawsuit
An Indiana University student’s federal lawsuit seeking a preliminary injunction to prevent his one-year suspension was dismissed Friday by the 7th Circuit Court of Appeals.
Opinions June 28, 2012 ILD
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
James Henry Tankard v. State of Indiana (NFP)
02A04-1110-CR-570
Criminal. Affirms an Allen Superior Court conviction and 17-year sentence on a charge of Class B felony dealing in cocaine. Judges found the trial court did not err on instructions regarding “delivery” after Tankard sold cocaine to an undercover officer and was arrested a short time late. Tankard also failed to prove the evidence was insufficient to support his conviction and the sentence was inappropriate, according to the ruling.
Anthony Hall v. State of Indiana (NFP)
87A01-1110-CR-498
Criminal. Affirms Warrick Superior Court convictions of Class B felony confinement, Class D felony criminal recklessness, and Class A misdemeanors invasion of privacy and domestic battery. The court held that Hall did not demonstrate fundamental error and that the incredible dubiosity rule does not apply.
Constance L. Jones v. Jean L. Markey d/b/a Markey Bonding d/b/a Markey Bonds d/b/a A-AAA Bail Bonds, Inc. (NFP)
02A05-1110-SC-534
Small claims. Affirms an Allen Superior Court judgment for Markey Bonds, holding that the trial court did not err in refusing to order refund of a bail bond, after which the plaintiff’s son was immediately arrested on separate charges.
Steven Kamp v. State of Indiana (NFP)
66A05-1109-PC-485
Criminal. Affirms denial of post-conviction relief for a Pulaski Superior Court conviction and eight-year sentence on a Class C felony charge of child molestation, holding that Kamp failed to prove his counsel failed to investigate or that an investigation would have produced evidence with a reasonable probability of affecting the trial outcome.
Timothy J. Canfield v. State of Indiana (NFP)
15A01-1112-CR-576
Criminal. Affirms a Dearborn Superior Court ruling, holding the court did not abuse its discretion by requiring Canfield, after he violated in-home detention, to serve two years of his sentence for burglary that previously had been suspended.
Joseph A. Taylor v. Commissioner, Indiana Department of Correction, Indiana Parole Board, Keith Butts (NFP)
48A02-1202-PL-163
Civil plenary. Affirms a Madison Circuit Court ruling denying a Pendleton Correctional Facility inmate’s amended complaint, ruling than the plaintiff’s incomplete record on appeal failed to demonstrate prejudice required for a reversible error.
Opinions June 28, 2012
7th Circuit U.S. Court of Appeals
Robert Jones v. C&D Technologies, Inc.
1:10-cv-696
Civil plenary. Affirms summary judgment for C&D Technologies, Inc. granted by U.S. District Court for the Southern District of Indiana, upholding that Jones was not entitled to benefits from the Family and Medical Leave Act because he did not receive treatment during his absence.
US Supreme Court rules on Stolen Valor Act case
While the health care decision was the ruling most people were waiting to hear, the justices also issued decisions in two other cases Thursday. The nation’s highest court found the Stolen Valor Act is unconstitutional.
7th Circuit affirms summary judgment for employer in FMLA suit
An employer was within its rights to terminate an employee who attempted to take off work under the Family and Medical Leave Act but then sought no treatment, the 7th Circuit Court of Appeals ruled Thursday.
High court ruling opens Medicaid escape hatch for states
While upholding President Barack Obama’s health care law, the U.S. Supreme Court on Thursday also opened an escape hatch for states that do not want to take on the project of expanding their Medicaid programs.
Unreliable evidence weighing reduces Elkhart meth dealing conviction
Elkhart County prosecutors and state witnesses used dubious methods to weigh methamphetamine during a trial, the Indiana Court of Appeals ruled Monday. The court reversed a man’s Class A felony conviction and ordered the court to resentence him on a lesser charge.
U.S. justices rule on challenges to health care law
The U.S. Supreme Court released its highly anticipated decision on the challenges brought by states and other organizations to the Affordable Care Act.
7th Circuit dismisses case for mootness
The appeal of an eviction initiated by the Housing Authority of South Bend was dismissed by the 7th Circuit Court of Appeals because the woman and her son have already been evicted.
Appellate courts may consider credit time status
Indiana appellate courts can take into account the potential consequences of an offender’s status as a credit restricted felon when reviewing a sentence, the state Supreme Court ruled Tuesday.