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Opinions May 17, 2012 ILD

May 17, 2012

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
Kenneth A. Lainhart v. State of Indiana (NFP)
24A01-1105-CR-241
Criminal. Affirms convictions of and sentence for Class B felonies dealing in methamphetamine by manufacturing and conspiracy to deal in methamphetamine by manufacturing, Class C felony possession of a handgun with obliterated identification marks, and Class D felonies maintaining a common nuisance and dumping of a controlled substance waste.

A.B. v. State of Indiana (NFP)
20A03-1112-JV-540
Juvenile. Affirms finding that A.B. is a delinquent child for committing what would be Class A misdemeanor battery if committed by an adult.

Alply Architectural Building Systems LLC, Alply, Inc., and John Peters v. Corrlines LLC and David J. Smith (NFP)
29A02-1111-CC-1032
Civil collection. Affirms denial of Alply’s motion to dismiss the breach of contract suit.

J.H. v. State of Indiana (NFP)
57A03-1201-JV-25
Juvenile. Affirms placement at the Indiana Boys’ School.

Wendell E. Mardis v. State of Indiana (NFP)
84A04-1109-CR-481
Criminal. Affirms conviction of Class A felony voluntary manslaughter.

Anthony Cross v. State of Indiana (NFP)
20A03-1109-CR-442
Criminal. Affirms conviction of Class B felony robbery while armed with a deadly weapon.

Brian Riley v. State of Indiana (NFP)
65A01-1111-CR-552
Criminal. Affirms sentence for Class C felony battery resulting in serious bodily injury.

Jermaine M. Lockett v. State of Indiana (NFP)
02A03-1107-CR-376
Criminal. Affirms convictions of and sentence for Class A felony dealing in cocaine and Class A misdemeanor possession of marijuana.

Trevon T. Marshall v. State of Indiana (NFP)
02A04-1110-CR-522
Criminal. Affirms sentence following guilty plea to Class C felony carrying a handgun without a license.

Kenneth Keehn v. State of Indiana (NFP)
46A05-1106-CR-332
Criminal. Affirms conviction of Class A felony dealing in a schedule I controlled substance.

David C. Wilson v. State of Indiana (NFP)
49A04-1110-CR-516
Criminal. Affirms sentence for Class A felony burglary and Class B felonies possession of a firearm by a serious violent felon and conspiracy to commit burglary.

Mark Alderman v. State of Indiana (NFP)
08A02-1110-CR-916
Criminal. Affirms conviction of Class A misdemeanor cruelty to an animal.

Robin Wood v. State of Indiana (NFP)
49A02-1109-CR-799
Criminal. Affirms order that Wood pay a $200 drug interdiction fee following her guilty plea to Class A misdemeanor possession of marijuana.

Roderick Ramone Wiggins v. State of Indiana (NFP)
45A05-1106-CR-291
Criminal. Affirms convictions of three counts of murder and sentence imposed.

Dean E. Overholser v. State of Indiana (NFP)
71A04-1108-CR-436
Criminal. Affirms conviction of Class D felony possession of marijuana by cultivation.

Marvin L. Boatright v. State of Indiana (NFP)
49A02-1108-CR-729
Criminal. Affirms conviction of Class C felony forgery.

John F. Fyock v. State of Indiana (NFP)
02A03-1109-CR-421
Criminal. Affirms convictions of and sentences for four counts of Class B felony dealing in a schedule I, II or II controlled substance.

Michael Lee Massing v. State of Indiana (NFP)
20A04-1110-CR-602
Criminal. Affirms denial of petition to file a belated appeal of notice.

Brian Andert v. State of Indiana (NFP)
71A05-1109-CR-509
Criminal. Affirms convictions of three counts of Class B felony sexual misconduct with a minor.

Daniel W. Beatty v. State of Indiana (NFP)
39A05-1107-CR-339
Criminal. Affirms convictions of dealing in methamphetamine, a Class A felony; conspiracy to deal methamphetamine, a Class A felony; possession of methamphetamine, a Class B felony; possession of precursors, a Class D felony; and his adjudication as a habitual substance offender.

Opinions May 17, 2012

May 17, 2012

Indiana Court of Appeals
Heriberto Suarez v. State of Indiana
02A05-1106-PC-325
Post conviction. Affirms denial of petition for post-conviction relief. The court did not err in denying his claim that he received ineffective assistance of trial counsel.

Justices deny rehearing in state back-pay case

May 17, 2012

Three of the five Indiana Supreme Court justices declined to reconsider their decision to cut the amount of back pay certain state employees could receive.

Judges uphold revocation of probation

May 17, 2012

The Indiana Court of Appeals affirmed the revocation of a man’s probation after he admitted a violation to the judge at his hearing on petition to revoke.

Man not prejudiced by lawyer’s failure to advise about deportation

May 17, 2012

A defendant’s trial counsel was deficient by not advising his client about the risk of deportation following a guilty plea, but the defendant wasn’t prejudiced by the performance, the Indiana Court of Appeals concluded.

No error in admitting testimony of domestic violence expert

May 17, 2012

The Indiana Court of Appeals ruled that the admission of testimony by a domestic violence expert at trial did not violate four of Indiana’s evidence rules, as the defendant argued.

DNA swab of juvenile is not fundamental error

May 17, 2012

The Indiana Court of Appeals found police acted improperly in swabbing a teen’s penis to obtain DNA evidence and that the trial court erred in admitting this test into evidence, but that the error was harmless.

Court affirms permit to build new wastewater treatment plant

May 17, 2012

The Indiana Department of Environmental Management’s decision to issue a permit to the city of Hobart to operate a new wastewater treatment plant was not arbitrary, capricious or otherwise contrary to law, the Indiana Court of Appeals ruled.

Judges uphold convictions of invasion of privacy

May 17, 2012

In a combined appeal, the Indiana Court of Appeals found Marion County was the proper venue to try a defendant’s invasion of privacy charges. Dewayne Jones claimed prosecutors couldn’t prove his victims were in Marion County when he called them, a violation of a no-contact order.

Indiana receives settlement from Sketchers for false claims about shoe benefits

May 17, 2012

Indiana will receive more than $105,000 from Sketchers USA from a settlement for falsely claiming some of its shoes could help consumers lose weight and tone up.

Commission names 5 COA semifinalists

May 16, 2012

After a day of interviews, the Indiana Judicial Nominating Commission has picked the five people who remain in the running to become a Court of Appeals judge.

Opinions May 16, 2012 ILD

May 16, 2012

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

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

Indiana Court of Appeals
Robert A. Turner v. State of Indiana (NFP)
62A01-1111-CR-514
Criminal. Affirms imposition of public defender fee.

In Re: Vinod C. Gupta Tax Deed; Rahman Irrevocable Trust v. Vinod C. Gupta and Bank D, LLC a/k/a Bruce Denni, and Ripley County Treasurer (NFP)
69A05-1105-MI-294
Miscellaneous. Affirms denial of two motions by the Rahman Irrevocable Trust for relief from the judgment pertaining to the issuance of tax deeds.

In Re the Marriage of: Am.C. v. D.C. (NFP)
30A05-1109-DR-456
Domestic relation. Affirms order related to the custody and support of the parties’ children. Remands with instructions to revise the order to correctly reflect the name of the school the children attend.

Lowell Jones v. State of Indiana (NFP)
02A03-1109-CR-481
Criminal. Affirms convictions of Class B felony dealing in cocaine and Class D felony resisting law enforcement.

Michael Wayne Glock, David Nixon Glock, and Daniel Colin Glock v. Sheila C. Hale (NFP)
89A01-1109-PL-441
Civil plenary. Affirms summary judgment in favor of Hale finding she was entitled to the proceeds from an annuity.

Sterling Mitchell v. State of Indiana (NFP)
02A04-1108-CR-425
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.

Claudio Igor Gonzalez v. State of Indiana (NFP)
45A04-1110-CR-549
Criminal. Affirms sentence following guilty plea to Class B felony aggravated battery.

Lisa Martin v. American Senior Communities, LLC (NFP)
49A02-1112-PL-1117
Civil plenary. Reverses grant of summary judgment for American Senior Communities in an action seeking reimbursement for paid vacation time and remands for further proceedings.

Timothy Ware v. State of Indiana (NFP)
49A04-1109-CR-495
Criminal. Affirms convictions of murder and carrying a handgun without a license as a Class A misdemeanor.

Johnnie Gipson v. State of Indiana (NFP)
71A03-1109-CR-435
Criminal. Affirms convictions of two counts of Class B felony sexual misconduct with a minor and Class C felony child exploitation.

In the Matter of the Term. of the Parent-Child Rel. of N.Q., Je.Q., Ja.Q., and L.Q.; and T.Q. and A.Q. v. Indiana Dept. of Child Services (NFP)
82A05-1109-JT-511
Juvenile. Reverses termination of parental rights and remands for further proceedings.

Timothy T. Brooks v. State of Indiana (NFP)
29A02-1109-CR-858
Criminal. Affirms conviction of Class D felony performing sexual misconduct in the presence of a minor.

Donald B. Hall v. Beverly J. Hall (NFP)
02A03-1109-DR-479
Domestic relation. Reverses denial of motion for relief from judgment pursuant to Ind. Trial Rule 60(B).

Opinions May 16, 2012

May 16, 2012

Indiana Court of Appeals
Robert A. Turner v. State of Indiana (NFP)
62A01-1111-CR-514
Criminal. Affirms imposition of public defender fee.

SJCBA collects business clothes for Goodwill

May 16, 2012

After a month of collecting used business wear, the New Lawyer Committee of the St. Joseph County Bar Association has more than 1,000 suits, shirts, shoes and other items to donate to Goodwill.

Panel to choose appeals court semifinalists

May 16, 2012

Fourteen candidates for an Indiana Court of Appeals vacancy are being interviewed Wednesday, seven of whom are expected to make the initial cut this afternoon.

Dickson named chief justice as court faces ‘upheaval’

May 15, 2012

Brent E. Dickson was selected Indiana chief justice Tuesday after his Supreme Court colleagues unanimously said he embodied the leadership qualities needed during a period of transition.

May 15, 2012 Opinions ILD

May 15, 2012

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

The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions prior to IL deadline.

Bankruptcy court issues order on maximum fee for Chapter 13 cases

May 15, 2012

The United States Bankruptcy Court, Southern District of Indiana Chief Bankruptcy Judge Anthony J. Metz III signed an order Tuesday changing the maximum fee allowable under Local Rule B-2016-1(b).

Attorney general sues home loan modification companies

May 15, 2012

Indiana Attorney General Greg Zoeller has filed five lawsuits against companies around the country he claims have scammed Hoosiers trying to keep their homes. Since 2006, the AG’s office has filed 110 suits against foreclosure consultant companies.

Dickson selected as chief justice

May 15, 2012

Acting Indiana Chief Justice Brent Dickson has been selected by the Indiana Judicial Nominating Commission to be chief justice.

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