Opinions April 13, 2012
The 7th Circuit Court of Appeals and Indiana appellate courts posted no opinions at IL deadline.
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Articles
ACLU of Indiana seeks board members
The ACLU of Indiana is now accepting nominations for its board of directors. Board members must be members of the organization.
Bankruptcy court seeks comment on local rule change
The United States Bankruptcy Court for the Northern District of Indiana is seeking public comment on a change to Local Rule B-9013-1, Motions Initiating Matters and Other Requests for Relief.
7th Circuit rules on sentence reduction
The 7th Circuit Court of Appeals has ordered a man resentenced because the District judge erred by not granting the defendant the one-level reduction under the United States Sentencing Guidelines that was triggered by the government’s motion.
Opinions April 12, 2012 ILD
7th Circuit Court of Appeals
United States of America v. Anthony Raupp
11-2215
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Amends original opinion issued March 9, 2012, in which majority affirmed 100-month sentence and determination Raupp is a career offender. Judge Diane Wood dissents.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
H.V. and O.P. v. Indiana Department of Child Services (NFP)
02A05-1108-JT-506
Juvenile. Affirms termination of parental rights.
Robert E. Stanley v. State of Indiana (NFP)
18A02-1109-CR-834
Criminal. Affirms conviction of Class D felony home improvement fraud.
Gary Anderson Proby v. State of Indiana (NFP)
71A05-1110-CR-522
Criminal. Affirms conviction of Class B felony burglary.
Johnny Lee Gibson v. State of Indiana (NFP)
45A04-1109-CR-494
Criminal. Affirms sentence following guilty plea to Class B felony rape.
D.H. v. State of Indiana (NFP)
49A04-1110-JV-533
Juvenile. Affirms adjudication for committing what would be Class C felony intimidation and two acts that would have been Class B misdemeanor possession of a knife on school property, if committed by an adult.
Jason Haste and Jamie R. Haste v. State of Indiana (NFP)
20A05-1107-CR-364
Criminal. Affirms the Hastes’ convictions of and sentences for maintaining a common nuisance and possession of marijuana as Class D felonies, but vacates their convictions of Class A misdemeanor possession of marijuana due to double jeopardy violations.
Joseph Adams v. State of Indiana (NFP)
33A04-1110-CR-562
Criminal. Affirms sentence for Class B misdemeanor criminal mischief and the revocation of Adams’ probation.
David Paul Burns v. State of Indiana (NFP)
45A03-1108-CR-364
Criminal. Affirms conviction of Class D felony theft and adjudication as a habitual offender.
Rodney W. Robinson v. Arthur Cashwell & Roxie Battle (NFP)
45A03-1107-SC-351
Small claim. Affirms judgment against Robinson and in favor of Cashwell and Battle on Robinson’s claim that the defendants had his truck improperly towed.
Opinions April 12, 2012
7th Circuit Court of Appeals
United States of America v. Jaymie T. Mount
11-2616
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Criminal. Remands for resentencing after the District Court denied the government’s motion for Mount to receive an additional one-level reduction following his guilty plea, citing Mount’s flight from charges. The additional reduction is mandatory once the government determines that the criteria spelled out in U.S.S.G. Section 3E1.1(b) are satisfied and it makes the necessary motion.
Medical malpractice judgment upheld by appellate court
The Indiana Court of Appeals has affirmed the $1.25 million judgment against a gastroenterologist after a patient brought a medical malpractice claim for a missed cancer diagnosis. The judges found the trial court didn’t abuse its discretion in excluding certain evidence.
Judges affirm 90-year sentence for child molester
The Indiana Court of Appeals found that a child molesting victim’s statement to her grandmother – as testified by the grandmother at trial – should not have been admitted. But, that hearsay reference did not deprive the defendant of a fair trial.
Teachers will have civics lesson at Indiana Statehouse
The Indiana Supreme Court, the International Association of Defense Counsel and the Indiana Bar Foundation are collaborating to present a workshop for Indiana teachers April 13.
COA travels to Valparaiso for arguments
The Indiana Court of Appeals will hear arguments at Valparaiso University Law School in a rape case.
5 political candidates file lawsuit
Three judicial candidates in Marion County and two candidates for the Indiana House are suing the county Board of Voter Registration and Election Board, alleging they were denied access to public information.
Opinions April 11, 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
Marcus Washington v. State of Indiana (NFP)
49A02-1105-CR-429
Criminal. Affirms convictions of murder, and Class A misdemeanor carrying a handgun without a license.
Foster Mowrey v. State of Indiana (NFP)
02A03-1108-CR-406
Criminal. Affirms sentence following guilty plea to Class D felony battery and Class A misdemeanor possession of marijuana.
Jim A. Edsall v. State of Indiana (NFP)
57A03-1110-CR-462
Criminal. Reverses order denying permission to file a belated notice of appeal.
Larry D. Madden v. State of Indiana (NFP)
73A01-1105-CR-230
Criminal. Affirms conviction of Class D felony theft.
Patrick Dewayne Carr, Jr. v. State of Indiana (NFP)
71A05-1105-CR-261
Criminal. Affirms convictions of Class B felony robbery, Class B felony burglary and Class A felony attempted murder.
David Butler v. State of Indiana (NFP)
34A05-1109-CR-477
Criminal. Affirms sentence following guilty plea to Class B felony possession of cocaine.
Gloria Hussey, Personal Representative of the Estate of Steven Hussey v. William H. Toedebusch, M.D. (NFP)
89A01-1108-PL-345
Civil plenary. Reverses dismissal of Hussey’s complaint against Dr. Toedebusch and remands with instructions to reinstate the complaint.
Opinions April 11, 2012
Indiana Court of Appeals
Anthony Wade v. Terex-Telelect, Inc.
29A05-1101-CT-72
Civil tort. Reverses jury verdict in favor of Terex-Telelect on Wade’s negligence claim under the Indiana Product Liability Act. Wade was prejudiced by the judge instructing the jury as to the rebuttable presumption under Indiana Code 34-20-5-1. Remands for a new trial. Judge Bradford concurs in part and dissents in part.
Trial court erred in instructing jury in negligence case
A divided Indiana Court of Appeals has ordered a new trial in a case alleging a product was negligently designed, with the majority finding the trial court erred when it instructed the jury on the rebuttable presumption under Indiana Code 34-20-5-1.
Evidence doesn’t support enhanced possession charges
Because the state failed to prove that an early training center located near the defendant’s home constituted school property for purposes of enhancing drug charges, the Indiana Court of Appeals ordered the man’s convictions be reduced.
Bankruptcy Court creating mediator panel
The U.S. Bankruptcy Court in the Southern District of Indiana is developing a panel of attorneys who want to serve as mediators pursuant to Local Rule B-9012-2. The panel is intended to make alternative dispute resolution more available for cases where this type of mechanism will be appropriate.
Andy Mohr target of Volvo Trucks lawsuit
When Volvo Group North America LLC sought to sell its semi trucks in the Indianapolis area, the company turned to veteran auto dealer Andy Mohr to help it gain a foothold in the market.
Hauke receiver files suit to recover $600k from Arizona investor
The receiver representing investors in the Ponzi scheme run by convicted money manager Keenan Hauke has sued to recover nearly $600,000 in improper payments made to an Arizona investment fund.
COA reverses trial court in personal injury case
The Indiana Court of Appeals has reversed a trial court’s denial of a motion to transfer, holding that Marion County is not a preferred venue for the case.
Opinions April 10, 2012 ILD
7th Circuit Court of Appeals had posted no Indiana opinions by IL deadline.
Indiana Tax Court and Indiana Supreme Court had posted no opinions by IL deadline.
Indiana Court of Appeals
Troy Phillips, Jr. v. State of Indiana (NFP)
49A02-1110-PC-989
Post conviction. Affirms denial of petition for post-conviction relief.