The following opinion was posted after IL deadline:
Indiana Supreme Court
Dannie Ray Runyon v. State of Indiana
Criminal. Affirms revocation of probation for failure to pay child support. The state has the burden to prove that a probationer violated a term of probation and that, if the term involved a payment requirement, the failure to pay was reckless, knowing, or intentional. The defendant probationer has the burden to show facts related to an inability to pay and indicating sufficient bona fide efforts to pay to persuade the trial court that further imprisonment shouldn’t be ordered. Justice Sullivan dissents.
7th Circuit Court of Appeals
American Bank v. City of Menasha, et al.
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Theresa L. Springmann.
Civil. Order corrects sentence in original opinion from Nov. 29, 2010.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Cavin E. Pogue v. State of Indiana
Criminal. Reverses conviction of Class A misdemeanor criminal trespass because Pogue had a limited contractual interest that gave him the right to be on the property in question at the time of his arrest. Affirms conviction of Class A misdemeanor resisting law enforcement because his failure to drop a box cutter following a demand to do so by police amounts to the forcible obstruction of the law enforcement officer’s lawful execution of his duties.
State of Indiana v. Richard J. Laker, Jr.
Criminal. Affirms the grant of Laker’s motion to dismiss the charges against him: Class D felony operating a motor vehicle while privileges are suspended, two counts of Class C misdemeanor operating a vehicle while intoxicated, and Class D felony operating a vehicle while intoxicated with a prior conviction thereof. The charging information was deficient because the charges did not inform Laker whether he needed to defend against operating the Lexus or the farm tractor. Judge Vaidik concurs in part and dissents in part.
Brenda Truedell-Bell v. Marion County Treasurer and Auditor
Miscellaneous. Affirms denial of petition for preliminary injunction to remove Truedell-Bell’s property from the property tax sale pending the outcome of her appeal for property tax reassessment. Truedell-Bell did not follow the proper administrative tax appeal procedure to have her property removed from the tax sale.
Lashann Montez Winfield v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony failure to register as sex offender.
James A. Bridges v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated.
Phyllis A. Merriweather v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.
Purcell Turner, Jr. v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony burglary.
Donald Lee Smith v. State of Indiana (NFP)
Criminal. Affirms revocation of probation before the probationary period began and before he had been to his intake interview or signed the conditions of probation.
Felecia M. Rorer v. State of Indiana (NFP)
Criminal. Affirms sentence for Class C felony battery.
David M. Burks-Bey v. Tippecanoe County Jail, et al. (NFP)
Miscellaneous. Reverses dismissal of Burks-Bey’s suit claiming the jail and others denied him access to prepare his pro se criminal defense. Remands for the trial court to conduct a hearing on whether the complaint should be dismissed.
In the Matter of B.D., Alleged to be CHINS; S.D. v. IDCS (NFP)
Juvenile. Affirms order finding that reasonable efforts to reunify the mother and her child aren’t required and the order changing the permanency plan for B.D. from reunification to adoption.
Kimberly Covey v. Steven Covey (NFP)
Domestic relation. Dismisses appeal of order dissolving marriage.
Tyson D. Warner v. State of Indiana (NFP)
Criminal. Affirms denial of motion to compel the production of two pieces of evidence Warner alleges were used against him at his probation-revocation hearing.
Jean Lukes v. Lisa A. Moore (NFP)
Civil. Affirms small-claims judgment in favor of Moore in an action against Lukes arising from home improvements performed by Moore.
Carlos M. Drane v. State of Indiana (NFP)
Criminal. Affirms conviction of murder.
Troy Flanagan v. State of Indiana (NFP)
Criminal. Affirms convictions of corrupt business influence and three counts of attempting to receive stolen property.
Shanta Vance v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.
Susan Kirk v. Aaron Kirk (NFP)
Domestic relation. Affirms the trial court did not abuse its discretion in denying Susan’s request for a continuance and that the trial judge did not err in not recusing himself during the final hearing. Affirms that the trial court did not err in excluding an alleged debt from the marital property or abuse its discretion in valuing and dividing that marital property.
Term. of Parent-Child Rel. of A.C., et al.; T.C. and J.C. v. I.D.C.S. and Lake County CASA (NFP)
Juvenile. Affirms termination of parental rights.
Lewis Jerome McNeary v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class C felony reckless homicide.
Criminal. Affirms conviction of Class B felony arson.
Indiana Tax Court had posted no opinions at IL deadline.