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| Burnside v. State, No. 71A04-0605-PC-264,
COURT OF APPEALS OF INDIANA, December 14, 2006, Decided , December 14, 2006, Filed
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Overview: Appellate counsel for a prisoner convicted of murder provided ineffective assistance of counsel by failing to raise the issue of a jury instruction that intermingled the prisoner's self-defense and reckless homicide theories such that the jury could not consider reckless homicide without first finding self-defense pursuant to Ind. Code § 35-41-3-2.
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| J.J. v. State, No. 48A04-0510-PC-572,
COURT OF APPEALS OF INDIANA, December 14, 2006, Decided , December 14, 2006, Filed
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Overview: Prisoner received ineffective assistance of counsel at his burglary and theft trial when his counsel did not inform the jury that the prisoner's friend, who testified against him, had been granted use immunity; the prisoner was prejudiced because the circumstantial evidence allowed a finding of nonguilt and his friend's credibility was important.
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| Mallard's Pointe Condo. Ass'n v. L&L Investors Group, LLC, No. 64A04-0604-CV-176,
COURT OF APPEALS OF INDIANA, December 15, 2006, Decided , December 15, 2006, Filed
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Overview: It was just to enter default judgment against defendant under Ind. R. Trial P. 37 without a hearing. It had more than five months' notice of the materials it needed to provide and had been warned by the trial court that failure to comply with its order would result in a default judgment; it had not mentioned any problems or requested an extension.
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| Timberlake v. State, Supreme Court Cause No. 49S00-0606-SD-235,
SUPREME COURT OF INDIANA, December 15, 2006, Decided , December 15, 2006, Filed
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Overview: Court did not allow petitioner, who had been sentenced to death, to present a successive post-conviction petition under Ind. R.P. Post-Conviction Remedies 1, § 12. He had not shown a reasonable possibility of establishing that he was insane under the standard that he be unaware of the punishment he was about to suffer and why he was to suffer it.
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| Friend v. State, No. 84A04-0512-CR-753,
COURT OF APPEALS OF INDIANA, December 18, 2006, Decided , December 18, 2006, Filed
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Overview: Alleged consent to search was not voluntary where defendant was in custody when asked to consent but was not informed of his right to counsel before his consent was obtained. Inventory exception was inapplicable where trooper admitted he was not conducting an inventory search but was searching for contraband when he discovered the methamphetamine.
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| Higgason v. Buss, No. 46A04-0603-CV-171,
COURT OF APPEALS OF INDIANA, December 19, 2006, Decided , December 19, 2006, Filed
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Overview: Judicial review of prison disciplinary decisions was precluded. Contrary to an inmate's argument, nothing in the text of the Americans with Disabilities Act, 42 U.S.C.S. § 12101, et seq., or the case law interpreting conferred subject matter jurisdiction on the trial court to review his disciplinary proceeding.
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| In re Newman, No. 48S00-0607-JD-274,
SUPREME COURT OF INDIANA, December 19, 2006, Decided , December 19, 2006, Filed
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Overview: Judge was publicly reprimanded for misconduct which violated, inter alia, Ind. Code Jud. Conduct Canon 1A. Judge failed to order release of a criminal defendant from DOC after his probation revocation was reversed on appeal. As a result, the defendant unnecessarily spent over one year incarcerated with DOC and one year on supervised parole.
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| Clancy v. Goad, No. 45A03-0511-CV-00569,
COURT OF APPEALS OF INDIANA, December 20, 2006, Decided , December 20, 2006, Filed
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Overview: In this negligence action, the jury's awards for damages were reasonable in light of the evidence presented at trial; the record was replete with evidence of devastating injuries, permanent disabilities, and continuing pain and suffering on the part of a woman who once enjoyed an active and athletic lifestyle.
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| Quinn v. Threlkel, No. 55A01-0607-CV-314,
COURT OF APPEALS OF INDIANA, December 20, 2006, Decided , December 20, 2006, Filed
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Overview: In an action for modification of child support and for payment of college expenses, the case was remanded for further consideration of the post-secondary education expense order; the trial court neither obtained and adopted a party's verified post-secondary education expense worksheet, nor did it make findings paralleling the worksheet.
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