Opinions

Opinions Oct. 29, 2012

October 29, 2012
Indiana Court of Appeals
Betty J. Angel v. Kent H. Powelson and Marjorie A. Powelson
82A04-1205-PL-292
Civil plenary. Affirms order granting part of the Powelsons’ summary judgment motion on Angel’s claims of reformation of a deed and adverse possession. The undisputed evidence shows that both Angel and the Powelsons were granted an easement to use the roadway and both used it for ingress and egress purposes. The evidence also supports Angel’s claim for reformation of a deed is barred by laches.
More

Opinions Oct. 26, 2012

October 26, 2012
Indiana Court of Appeals
In Re the Involuntary Term. of the Parent-Child Rel. of A.P.: T.P. v. The Indiana Dept. of Child Services and Child Advocates, Inc. (NFP)
49A02-1201-JT-28
Juvenile termination of parental rights. Affirms termination of father’s parental rights.
More

Opinions Oct. 25, 2012

October 25, 2012
Indiana Court of Appeals
State Farm Mutual Automobile Insurance Company v. Ken Nunn Law Office
49A02-1202-CT-68
Civil tort. Reverses denial of State Farm’s motion for summary judgment on the law office’s attempt to recover attorney fees and remands for further proceedings. The law office may not seek payment of a former client’s attorney fees from State Farm under an equitable attorney fee lien or based on a theory of quantum meruit.
More

Opinions Oct. 24, 2012

October 24, 2012
Indiana Court of Appeals
Leslie Ann Grider v. State of Indiana
48A02-1112-CR-1156
Criminal. Reverses 19-year sentence following guilty pleas to two counts of Class C felony forgery, four counts of Class D felony theft, and two counts of Class D felony check fraud. The language of the plea agreement indicates the parties’ intention that the trial court would impose concurrent sentences on all counts regardless of the separate cause numbers. Orders Grider’s sentences to be concurrent for a total of eight years.
More

Opinions Oct. 23, 2012

October 23, 2012
7th Circuit Court of Appeals
Planned Parenthood of Indiana, Inc., et al., v. Commissioner of the Indiana State Department of Health, et al.
11-2464
Civil. Reverses in part and affirms in part, affirming the district court injunction against I.C. 5-22-17-5.5(b) that bars state or federal funding for “any entity that performs abortions or maintains or operates a facility where abortions are performed.” The circuit court held that Medicaid grants individual rights under federal civil rights protections, but reversed the district court with regard to federal block grant funds, holding that no such actionable protection exists.
More

Opinions Oct. 22, 2012

October 22, 2012
Indiana Court of Appeals
Wayne Evans v. Duke Energy Indiana, Inc. (NFP)
10A01-1111-PL-539
Civil plenary. Affirms trial court injunction prohibiting construction in a utility easement.
More

Opinions Oct. 19, 2012

October 19, 2012
Indiana Court of Appeals
Rodney Killebrew II v. State of Indiana

34A02-1204-CR-303
Criminal. Reserves a conviction of possession of marijuana after concluding the trial court abused its discretion when it admitted evidence obtained at an illegal traffic stop. The court found the police officer had no grounds to stop the driver because the continuous use of a turn signal is not a traffic violation and the officer’s actions did not fall within his community caretaking function.
More

Opinions Oct. 18, 2012

October 18, 2012
Indiana Court of Appeals
John A. Dugan v. State of Indiana
49A05-1202-PC-50
Post conviction. Reverses denial of petition for post-conviction relief. The court erred when it denied Dugan’s claim that Mills applied retroactively to his habitual offender enhancement. Remands for the court to vacate that enhancement.
More

Opinions Oct. 17, 2012

October 17, 2012
Indiana Supreme Court
J.M. v. Review Board of the Indiana Dept. of Workforce Development and T.C.
Agency appeal. Finds the court may rely on a different statutory ground of a just cause finding than the one relied upon by the review board when, as here, the review board’s findings of fact clearly establish the alternate subsection’s applicability. Affirms the review board under Indiana Code section 22-4-15-1(d)(5), that J.M. refused to obey instructions, and was thus fired for just cause. Affirms denial of unemployment benefits.
More

Opinions Oct. 16, 2012

October 16, 2012
Indiana Court of Appeals
Charles Mitchell v. State of Indiana
49A02-1202-CR-125
Criminal. Affirms conviction and sentence for Class D felony theft. The evidence is sufficient to show Mitchell and the other defendants knowingly exerted unauthorized control over the apartment complex’s water heater with the intent to deprive the apartments of any part of its value or use. The advisory sentence imposed, with all but 60 days suspended to probation, was not inappropriate.
More

Opinions Oct. 15, 2012

October 15, 2012
Indiana Court of Appeals
Ted L. Cecil, Cecil Septic LLC, and Max Haas Company, LLC v. Fisk Excavating, Plumbing and Septic Services, Inc., Dennis Fisk, Dennis Fisk, Jr.,Michelle Fisk, Bob Murphy, et al. (NFP)
33A05-1112-MI-686
Miscellaneous. Affirms summary judgment in favor of Fisk Excavating and other defendants on the plaintiffs’ legal malpractice claim. Remands for determination of Gregg Morelock’s appellate attorney fees.
More

Opinions Oct. 12, 2012

October 12, 2012
Indiana Court of Appeals
Jeffrey Riggs and Mark Ashmann v. Mark S. Weinberger, M.D., Mark Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC, and Nose and Sinus Center, LLC
45A03-1109-CT-394
Civil tort. Reaffirms original opinion in all respects, and finds that a trial court when confronted with the facts and circumstances like those in this case, may compel an involuntary psychiatric examination in accordance with Ind. Trial Rule 35. There is no requirement that the court must do so.
More

Opinions Oct. 11, 2012

October 11, 2012
7th Circuit Court of Appeals
Edward Jeroski, doing business as USA Cleaning Service and Building Maintenance v. Federal Mine Safety and Health Review Commission and U.S. Secretary of Labor
11-3687
Agency review. Denies USA Cleaning’s petition to review the order of the Federal Mine Safety and Health Review Commission, which affirmed the denial of an application for attorney fees under the Equal Access to Justice Act. The meaning of “prevailing party” under the act does not apply to USA Cleaning, which was the subject of an order by the Federal Mine Safety and Health Administration that was later dropped.
More

Opinions Oct. 10, 2012

October 10, 2012
7th Circuit Court of Appeals
Charles R. Kastner v. Michael J. Astrue, Commissioner of Social Security
11-1166
U.S. District Court, Southern District of Indiana, Evansville Division, Magistrate Judge William G. Hussmann Jr.
Civil. Reverses denial of disability benefits, finding the administrative law judge did not adequately explain why Kastner had not met the requirements for a presumptive disability. Remands for further proceedings.
More

Opinions Oct. 9, 2012

October 9, 2012
Indiana Court of Appeals
Ralph Jennings d/b/a A Cut Above Tree Service v. Terrance Kinnard (NFP)
49A05-1203-CC-117
Collections. Reverses and remands trial court’s grant of relief to Kinnard from a default judgment of $4,189.22 for the plaintiff.
More

Opinions Oct. 5, 2012

October 5, 2012
Indiana Court of Appeals
Heartland Crossing Foundation, Inc. v. Chris M. Dotlich
55A01-1203-SC-119
Small claims. Affirms judgment in favor of Dotlich on a breach of contract claim, holding that the trial court did not err in rejecting Heartland’s claim for attorney fees assessed on the late payment of homeowner association dues. The trial court had called an “administrative fee” assessed to Dotlich “nothing more than an abusive junk fee.”
More

Opinions Oct. 4, 2012

October 4, 2012
7th Circuit Court of Appeals
Angelina Povey v. City of Jeffersonville, Indiana
11-1896
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Richard L. Young.
Civil. Affirms summary judgment for the city on Povey’s claim that her termination of employment by the city animal shelter violated the Americans with Disabilities Act and on her retaliation claim. Povey failed to meet her burden to demonstrate that she was disabled under the ADA and is not protected by its provisions.
More

Opinions Oct. 3, 2012

October 3, 2012
Indiana Court of Appeals
Steven B. Steele v. State of Indiana
49A05-1202-CR-54
Criminal. Affirms denial of motion to suppress. Evidence Rule 617 does not apply in this case because the police officer’s interrogation of Steele did not occur in a place of detention. The rule also does not explicitly or implicitly impose an affirmative duty on law enforcement officers to transport a person to a place of detention before conducting a custodial interrogation.
More

Opinions Oct. 2, 2012

October 2, 2012
Indiana Court of Appeals
Moise Joseph v. State of Indiana
82A05-1108-CR-387
Criminal. Reverses convictions of Class A felony burglary resulting in serious bodily injury, Class B felony attempted armed robbery and Class B felony criminal confinement. The trial court abused its discretion in admitting Joseph’s statements to the police detective.
More

Opinions Oct. 1, 2012

October 1, 2012
Indiana Court of Appeals
Scott F. West v. State of Indiana
11A01-1203-CR-123
Criminal. Orders discharge of marijuana charges because West was held to answer those charges for more than a year without a trial date while a motion to suppress awaited a ruling. West did not request an indefinite continuance such that he needed to notify the court that he wished to proceed to trial.
More

Opinions Sept. 28, 2012

September 28, 2012
Indiana Court of Appeals
Steven Duncan v. State of Indiana
82A01-1201-CR-22
Criminal. Affirms in part and reverses in part six convictions of Class A misdemeanor cruelty to an animal. Duncan did not knowingly waive his right to a jury trial because the court did not fully advise him of his rights and obligations. Finds the animal cruelty statute is not vague as applied to him and there was sufficient evidence to overcome a defense of necessity. Remands for a jury trial.
More

Opinions Sept. 27, 2012

September 27, 2012
Indiana Court of Appeals
John Jorman, Jr. v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)
93A02-1203-EX-263
Agency action. Affirms suspension of unemployment benefits.
More

Opinions Sept. 26, 2012

September 26, 2012
7th Circuit Court of Appeals
Sandra M. Bontrager, on her own behalf and on behalf of a class of those similarly situated v. Indiana Family and Social Services Administration, Michael A. Gargano and Patricia Casanova
11-3710
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Affirms grant of Bontrager’s request for a preliminary injunction in her putative class-action complaint challenging Indiana’s $1,000 annual limit for dental services covered by Medicaid. The state is required to cover all medically necessary dental services, irrespective of the monetary cap.
More

Opinions Sept. 25, 2012

September 25, 2012
Indiana Court of Appeals
Charles Hall v. State of Indiana
13A04-1111-CR-622
Criminal. Affirms conviction and aggregate 24-year sentence for convictions of dealing in methamphetamine, possession of precursors, operating a vehicle after a lifetime suspension, and resisting law enforcement. The court held that a search of the vehicle that Hall fled after leading police on a chase did not implicate the Fourth Amendment and that the sentence was not inappropriate given Hall’s dangerous conduct and long record of driving and drug convictions.

More

Opinions Sept. 24, 2012

September 24, 2012
Indiana Court of Appeals
State of Indiana v. Russell Oney
49A05-1204-CR-196
Criminal. Reverses and remands a trial court ruling that vacated a determination that a defendant was a habitual traffic violator, holding that even though one of the predicate offenses later was vacated in post-conviction relief, the BMV’s determination that Oney was a habitual traffic offender did not constitute manifest injustice.
More
Page  << 21 22 23 24 25 26 27 28 29 30 >> pager
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

ADVERTISEMENT