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Opinions June 15, 2012 ILD

7th Circuit Court of Appeals posted no Indiana opinions prior to IL deadline.

Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.

Today's Opinions:
Indiana Court of Appeals
Otoniel Muro-Esparza v. State of Indiana (NFP)
79A05-1111-CR-589
Criminal. Affirms convictions of and sentences for Class B felonies conspiracy to commit robbery and robbery, and Class D felony theft.

Dale Douglas Perkins, Jr. v. State of Indiana (NFP)
16A01-1112-CR-603
Criminal. Affirms sentence for Class D felony operating a motor vehicle while intoxicated and Class D resisting law enforcement.
 

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Bar foundation to receive $10,000 grant for training

The National Society Daughters of the American Revolution announced Friday that the organization will donate $10,000 to the  Indiana Bar Foundation to teach about the United States Constitution. Funding for this project was made possible through the sponsorship of the Rushville, Ind. chapter, National Society DAR. 

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YLS teams with Make-A-Wish Foundation

The Indiana State Bar Association’s Young Lawyers Section is teaming up with the Make-A-Wish Foundation to sponsor a benefit concert at the Rathskeller Biergarten in Indianapolis from 4 to 9 p.m. June 17.

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Opinions June 14, 2012 ILD

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
In Re the Term. of the Parent-Child Rel. of: C.V., O.V., and J.V. and G.J. v. The Indiana Dept. of Child Services (NFP)
10A01-1111-JT-516
Juvenile. Affirms termination of parental rights.

Ronald G. Becker v. State of Indiana (NFP)
45A03-1112-CR-539
Criminal. Affirms order vacating a determination that Becker was entitled to relief from reporting and registration requirements applicable to a sexually violent predator.

Darrell Warren v. State of Indiana (NFP)
29A02-1112-CR-1198
Criminal. Affirms sentence of Class D felony invasion of privacy.

Eddie R. Smith, Jr. v. State of Indiana (NFP)
34A04-1112-CR-658
Criminal. Affirms sentence following guilty plea to Class D felony failure to register as a sex offender.

In the Matter of the Adoption of M.L.B. v. K.J.R. and P.L.R. (NFP)
41A05-1107-AD-363
Adoption. Affirms order granting stepfather P.L.R.’s petition to adopt M.L.B.

Salvador S. Castro v. State of Indiana (NFP)
39A04-1107-CR-344
Criminal. Affirms trial court decision to not suspend any portion of Castro’s sentence for Class A felonies dealing cocaine and conspiracy to commit dealing cocaine and Class A misdemeanor carrying a handgun without a license.

Adam Mittler v. State of Indiana (NFP)
49A05-1112-CR-623
Criminal. Vacates portion of the trial court order that failed to credit Mittler’s time on home detention against his sentence and remands with instructions to calculate the time Mittler served in home detention and to credit such time against his sentence.

In Re: The Visitation of M.L.B.; K.J.R. v. M.A.B. (NFP)
41A01-1107-MI-285
Miscellaneous. Affirms order granting grandfather M.A.B.’s petition for visitation rights to M.L.B.
 

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Law students help gain political asylum for clients

Three immigration clinic students from Indiana University Robert H. McKinney School of Law have won political asylum for two people – a young woman who fled to the United States after being subjected to female genital mutilation and a young man who feared persecution in Zimbabwe because of his HIV status.

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Trial court erred in excluding evidence of mediation communications

Even though the trial court erred in excluding an ex-husband’s offer of evidence of communications during a settlement agreement following his divorce to establish a mistake occurred in drafting the agreement, the error was harmless, the Indiana Court of Appeals ruled. This case raised an issue of first impression regarding whether communications during mediation can be used as extrinsic evidence.

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7th Circuit upholds 300-month sentence

The United States Sentencing Guidelines aren’t susceptible to vagueness challenges, so a defendant’s claim that the career offender sentencing guideline is unconstitutionally vague failed, the 7th Circuit Court of Appeals ruled.

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Judges reverse CHINS determination

The Indiana Court of Appeals reversed the determination that a brother and sister are children in need of services, finding there was “simply no evidence” to support the finding.

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Opinions June 13, 2012 ILD

Wednesday’s opinions

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Chad Stewart v. State of Indiana (NFP)
79A02-1110-CR-972
Criminal. Affirms sentence following guilty plea to two counts of Class B felony child molesting.

Auto Liquidation Center, Inc. v. McKesha Bates (NFP)
02A03-1111-SC-553
Small claim. Affirms judgment in favor of Bates on her breach of contract and criminal conversion claims. Remands for calculation of appellate attorney fees owed to Bates.

Carl D. Jackson, Jr. v. State of Indiana (NFP)
20A03-1111-CR-500
Criminal. Affirms conviction of Class D felony battery.

Anthony Michael Beck and Sandra Beck, natural parents and next friends of Jacob Leslie Beck, minor v. Scott Memorial Hospital and Larry Hunefeld, M.D. (NFP)
72A01-1107-CC-293
Civil collection. Affirms grant of a motion in limine filed by Scott Memorial Hospital.

 

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Opinions June 13, 2012

7th Circuit Court of Appeals
United States of America v. Cristofer Tichenor
11-2433
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker
Criminal. Affirms 300-month sentence following guilty plea to armed robbery and discharging a firearm in connection with robbing a bank. Rejects Tichenor’s argument that the career offender sentencing guideline is unconstitutionally vague, finding that the guidelines are not susceptible to vagueness challenges and the U.S. Sentencing Commission did not exceed its authority by promulgating the “crime of violence” definition.

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