Indiana Court of Appeals
Clifton Ervin v. State of Indiana
29A05-1109-CR-454
Criminal. Affirms grant of a portion of Ervin’s motion to suppress. The trial court properly determined that the evidence seized by the uniformed on-duty police officers should not be suppressed pursuant to the exclusionary rule. Remands for trial.
The woman who sued a northern Indiana lawyer and his law firm for not filing her lawsuit against a school district following the discovery that her grandson was sexually abused by a teacher’s assistant lost her appeal.
The Indiana Court of Appeals upheld the partial denial of a defendant’s motion to suppress evidence, finding that the trial court properly determined that the evidence seized by the uniform on-duty police officers shouldn’t be suppressed pursuant to the exclusionary rule.
The Indiana Court of Appeals affirmed a jury verdict in favor of the owner of a pool in a lawsuit filed by the father of a young boy who drowned in the pool. The appellate court found the trial court did not abuse its discretion in giving certain jury instructions.
The Indiana Court of Appeals found ample evidence that a mother took little to no steps to correct the problems that led to her son’s removal and continued placement out of her care, so it affirmed the termination of parental rights. In its opinion, the judges also discussed Indiana Evidence Rule 201(b) regarding judicial notice of “records of a court of this state.”
Ten bar owners who are taking Indianapolis to court over a new citywide smoking ban that takes effect Friday at 6 a.m. stand little chance of stopping the ordinance, an Indianapolis law professor predicts.
Indiana attorneys interested in becoming the state’s 108th justice have until the end of June to submit their applications. The Supreme Court announced Wednesday the application and interview timeline.
The 2012 Impact Fund grant from the Indianapolis Bar Foundation has been given to Reach For Youth – Teen Court to support a part-time teen court coordinator.
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
Philip G. Yeary v. State of Indiana (NFP)
78A01-1111-CR-528
Criminal. Affirms denial of several motions challenging the authority and impartiality of the senior judge who presided over Yeary’s post-conviction motions.
James H. Privette v. Sherri E. Privette (Morris) (NFP)
30A01-1111-DR-534
Domestic relation. Affirms order James Privette pay Sherri Privette Morris an amount equal to 33 percent of certain pension payments he has received to date and that Morris is entitled to 33 percent of all future pension payments.
Richard Clark Shockley v. Tammie Anne Shockley (NFP)
79A02-1111-PO-1047
Protective order. Affirms in part the issuance of a protective order against Richard Shockley for the protection of his former wife and her fiancé. Reverses the protective order as to Shockley’s teenage daughter.
Laura L. Mosier v. Review Board of the Indiana Department of Workforce Development and Department of Health (NFP)
93A02-1112-EX-1092
Agency appeal. Affirms dismissal by review board of Mosier’s appeal of the decision she was discharged for just cause.
Michael D. McGee v. State of Indiana (NFP)
18A04-1110-CR-566
Criminal. Affirms order revoking home detention and order McGee serve his entire sentence in the Department of Correction.
Ryan Sheckles v. State of Indiana (NFP)
10A04-1108-CR-423
Criminal. Affirms convictions of and sentence for two counts of murder.
Damien Townsend v. State of Indiana (NFP)
71A05-1109-CR-471
Criminal. Affirms conviction of Class B felony burglary.
Cornelio Martinez v. State of Indiana (NFP)
12A02-1111-CR-1023
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated and determination that Martinez is a habitual controlled substance offender.
John R. Vicars v. State of Indiana (NFP)
84A01-1109-CR-403
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.
The Indiana Supreme Court denied transfer to 15 cases for the week ending May 25.
Indiana Court of Appeals
Jason Tye Myers v. Charles R. Deets III, Deets & Kennedy, and Great American Insurance Group
79A02-1108-CT-771
Civil tort. Affirms summary judgment for Edward Kennedy and the law firm on Myers’ claim for fraud against them and Deets. Myers couldn’t show that either Kennedy or the law firm was liable for Deets’ alleged fraudulent conduct. Reverses grant of Great American Insurance Group’s motion for judgment on the pleadings and remands for further proceedings. Judge Riley concurs in part and dissents in part.
The Indiana Court of Appeals concluded that a hospital did owe rent to the property owner for a broken lease involving a third party, but the damages the trial court ordered the hospital pay need to be reconsidered.
The Indiana Court of Appeals has upheld the revocation of a man’s suspension for probation violations after finding the trial court did not err in ordering the man serve the remainder of his originally suspended sentence.
In a lawsuit against an attorney, law firm and the firm’s insurer, the Indiana Court of Appeals was divided in its ruling over whether the trial court correctly granted the insurer’s motion for judgment on the pleadings.
The five semifinalists for the Indiana Court of Appeals will have their second round of interviews the afternoon of June 4.
Even though the trial court said its order regarding a petition to set aside a family settlement agreement was final and appealable, it was not, so the Indiana Court of Appeals dismissed an appeal sua sponte.
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
Anthony McCoy v. State of Indiana (NFP)
02A03-1110-PC-511
Post conviction. Affirms denial of petition for post-conviction relief.
Keith M. Butler v. State of Indiana (NFP)
02A03-1105-CR-187
Criminal. Affirms convictions of and sentence for two counts each of Class B felony sexual misconduct with a minor and Class C felony sexual misconduct with a minor and one count of Class D felony child solicitation.
William Pargo v. State of Indiana (NFP)
49A05-1104-CR-174
Criminal. Affirms grant of state’s motion to amend charges against Pargo.
Clovis Smith v. Alexandra Ryan (NFP)
07A01-1111-PO-518
Protective order. Affirms issuance of protection order and determination that Smith is “Brady disqualified” from buying a firearm.
Victoria Thomas v. National Education Association-South Bend and South Bend School Corporation (NFP)
71A03-1107-MI-383
Miscellaneous. Affirms denial of Thomas’ motion to stay and affirmation of the decision by the Indiana Education Employment Relations Board that concluded the National Education Association – South Bend did not violate its duty to fairly represent Thomas in her grievance against her employer, South Bend Community School Corp.
Lucas E. Holland v. State of Indiana (NFP)
53A01-1107-CR-333
Criminal. Affirms sentence for murder and Class B felony armed robbery.
Lorinda Harper v. State of Indiana (NFP)
90A02-1110-CR-981
Criminal. Affirms conviction of Class D felony receiving stolen property.
Darrell Lawrence v. State of Indiana (NFP)
49A02-1110-CR-939
Criminal. Affirms order that Lawrence serve his entire suspended sentence following a probation violation.
Shane J. Johnson v. State of Indiana (NFP)
84A01-1107-CR-350
Criminal. Affirms in part and remands for a more specific statement of the terms of Johnson’s probation revocation consistent with the opinion.
Jeremy Kyle Everhart v. State of Indiana (NFP)
64A04-1105-CR-253
Criminal. Dismisses appeal for lack of jurisdiction.
Paul Esparza v. Denis Lynch (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/may/05251204msm.pdf
75A04-1104-SC-184
Small claim. Affirms $1,000 judgment in favor of Lynch for destruction of property.
Indiana Court of Appeals
E. Paul Haste v. State of Indiana
03A01-1108-CR-369
Criminal. Dismisses Haste’s appeal of his conviction of and sentence for Class B felony dealing in methamphetamine because the order from which he appeals isn’t a final judgment.
The Indiana Court of Appeals found the trial court did not err in allowing a police detective to testify as to what a witness told him about a shooting.
The Indiana Court of Appeals found the evidence that a defendant committed murder was overwhelming, so any suppression of a witness’s testimony by the prosecution was no more than a harmless error.
The Indiana Court of Appeals dismissed sua sponte a man’s appeal of his conviction of and sentence for Class B felony dealing in methamphetamine, because the order he appeals from isn’t a final judgment.