Opinions

Opinions Jan. 23, 2014

January 23, 2014
Indiana Court of Appeals
A.J.R. v. State of Indiana
46A03-1306-JV-243
Juvenile. Holds that the juvenile court did not abuse its discretion by admitting the officer’s testimony, and the evidence is sufficient to prove A.J.R. shot two cattle and to sustain his adjudications for criminal mischief. However, concluding A.J.R.’s actions did not constitute mutilation or torture of an animal, the court reverses his adjudications for cruelty to an animal.
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Opinions Jan. 22, 2014

January 22, 2014
Indiana Court of Appeals
Antoine Duff v. State of Indiana (NFP)
49A02-1306-CR-503
Criminal. Affirms 16-year sentence, with 10 years executed and six years suspended, for Class B felony battery.
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Opinions Jan. 21, 2014

January 21, 2014
7th Circuit Court of Appeals
United States of America v. Lovoyne Drain
12-3684
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms above-guidelines sentence for possession of a firearm by a felon. Section 4A1.3(a)(3), like every provision of the sentencing guidelines, is advisory. And the judge did not violate Drain’s right to due process by taking into account his arrest history as part of her evaluation of the sentencing factors under 18 U.S.C. Section 3553(a).
 
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Opinions Jan. 20, 2014

January 20, 2014
The following Indiana Court of Appeals opinion was posted after IL deadline Friday:
Marilyn South v. Harry South (NFP)
15A01-1306-DR-251
Domestic relation. Affirms dissolution of marriage and division of assets.

The Indiana Supreme Court, Court of Appeals, Tax Court and 7th Circuit Court of Appeals are closed Monday in observance of Martin Luther King Jr. Day.
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Opinions Jan. 17, 2014

January 17, 2014
Indiana Court of Appeals
Shane L. Duckworth v. State of Indiana (NFP)
82A04-1304-CR-152
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.
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Opinions Jan. 16, 2014

January 16, 2014
Indiana Court of Appeals
Floyd County and Floyd County Plan Commission v. City of New Albany and New Albany City Plan Commission
22A05-1303-MI-139
Miscellaneous. Affirms summary judgment for the city on a lawsuit over whether the city or county has zoning jurisdiction over an unincorporated area outside the city limits. As a matter of law, the county is not entitled to exercise jurisdiction over the fringe area, nor is it required to consent to the city’s exercise of jurisdiction. Because the county has a population of less than 95,000, Indiana Code 36-7-4-205(f) determines which entity is entitled to exercise jurisdiction over the fringe area, and because the city is providing municipal services to the fringe area, it is entitled to the exercise of jurisdiction without the necessity of county approval.
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Opinions Jan. 15, 2014

January 15, 2014
Indiana Court of Appeals
The City of Fort Wayne v. Northern Indiana Public Service Company and NiSource, Inc.
02A04-1307-CT-366
Civil tort. Affirms summary judgment for NIPSCO and NiSource on the city’s lawsuit after NIPSCO’s contractor damaged an underground drain, causing flooding. The city’s failure to discharge its statutory duties to provide accurate locations of its underground facilities to NIPSCO is dispositive of all claims on appeal.
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Opinions Jan. 14, 2014

January 14, 2014
7th Circuit Court of Appeals
Kimberly Spurling v. C&M Fine Pack, Inc.
13-1708
Civil. Affirms the U.S. District Court Northern District of Indiana’s entry of summary judgment for C&M on the Family Medical Leave Act claim. Reverses the entry of summary judgment in favor of C&M on Spurling’s Americans with Disabilities Act claim and remands for further proceedings consistent with this opinion. Rules the company did not actually fire Spurling until after it learned she had a medical condition that was covered under the ADA.
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Opinions Jan. 13, 2014

January 13, 2014
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
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Opinions Jan. 10, 2014

January 10, 2014
7th Circuit Court of Appeals
Julio Cesar Chavarria v. United States of America
11-3549
Criminal. Affirms District Court order dismissing Chavarria’s claim of ineffective assistance of counsel that led to his deportation after conviction of cocaine distribution charges. The panel found the distinction between affirmative misadvice and failure to advise does not evade the non-retroactive ruling of Padilla v. Kentucky, 559 U.S. 356 (2010).
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Opinions Jan. 9, 2014

January 9, 2014
Indiana Court of Appeals
Wolf's Marine, Inc. v. Dev Brar
29A02-1303-SC-293
Small claim. Reverses denial of Wolf’s Marine’s motion to dismiss a complaint filed by Dr. Dev Brar. The trial court incorrectly determined that personal jurisdiction over Wolf’s existed in Indiana, and it should have granted the company’s motion to dismiss.
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Opinions Jan. 8, 2014

January 8, 2014
7th Circuit Court of Appeals
United States of America v. Tony Currie
12-1666
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms decision to deny Currie’s motion to suppress evidence without conducting an evidentiary hearing. Orders a limited remand for purposes of ascertaining whether the District Court would be inclined to sentence him differently knowing Currie is subject to the lower statutory minimum of five years as provided by the Fair Sentencing Act of 2010. His current sentence is 121 months.
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Opinions Jan. 7, 2014

January 7, 2014
Indiana Court of Appeals
Anthony Barron v. State of Indiana (NFP)
49A04-1304-CR-165
Criminal. Reverses and remands to the trial court with instructions to vacate Barron’s conviction for Class D felony domestic battery, leaving his remaining Class D felony convictions for strangulation and criminal confinement and sentence in place.
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Opinions Jan. 6, 2014

January 6, 2014

The Indiana Supreme Court, Court of Appeals and Tax Court are closed Monday. The 7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

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Opinions Jan. 3, 2014

January 3, 2014
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
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Opinions Jan. 2, 2014

January 2, 2014
7th Circuit Court of Appeals
United States of America v. Phillip Rucker

13-1297
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Rudy Lozano.
Criminal. Affirms conviction of one count of wire fraud and sentence of 30 months imprisonment, one year of supervised release and $73,488.95 to be paid in restitution. In light of the admission of co-conspirator Sheila Chandler’s 11 prior convictions for wire fraud that were within the 10-year window, her 2000 conviction had very little probative value, if any. Thus, the District Court did not abuse its discretion in finding that the probative value of the remote conviction did not substantially outweigh the prejudicial effect of presenting cumulative evidence.

 
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Opinions Dec. 31, 2013

December 31, 2013
7th Circuit Court of Appeals
Zachary Medlock v. Trustees of Indiana University, et al.
13-1900
Civil. Affirms summary judgment in favor of IU and other defendants, holding that a student inspection of a dorm room that found marijuana followed by a police search warrant in which the pot was seized was not a violation of the Fourth Amendment. Likewise, the process through which Medlock was suspended was not a denial of due process.
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Opinions Dec. 30, 2013

December 30, 2013
Indiana Court of Appeals
Rico Nathaniel Morst v. State of Indiana (NFP)
84A01-1305-CR-226
Criminal. Affirms revocation of Morst’s probation.
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Opinions Dec. 27, 2013

December 27, 2013
7th Circuit Court of Appeals
Dawn Marie Adams v. James Gregory Adams
13-1636
Civil. Reverses District Court denial of creditor Dawn Marie Adams’ bankruptcy court claim against her former husband and business partner, James Gregory Adams. The bankruptcy court claims were previously adjudicated in state courts and the doctrine of issue preclusion prevented the bankruptcy court from rehearing those issues. Remanded for proceedings.
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Opinions Dec. 26, 2013

December 26, 2013
Indiana Court of Appeals
Terry Donald Rutledge v. State of Indiana (NFP)
18A05-1302-CR-70
Criminal. Affirms conviction of murder.
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Opinions Dec. 24, 2013

December 24, 2013
There are no opinions Dec. 24 due to the courts being closed.
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Opinions Dec. 23, 2013

December 23, 2013
Indiana Court of Appeals
Michael W. Peters, M.D. and Deaconess Hospital, Inc. v. Cynthia S. Kendall and Michael J. Kendall
82A01-1302-PL-55
Civil plenary. Affirms denial of the medical group’s motion for partial summary judgment in the medical malpractice lawsuit brought by the Kendalls. The proof of claim filed by the Kendalls in the liquidation proceedings of Dr. Peters’ insurer does not constitute a binding contract.
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Opinions Dec. 20, 2013

December 20, 2013

7th Circuit Court of Appeals
Michael E. Garcia v. Carolyn W. Colvin
13-2120
Civil. Reverses the Social Security Administration’s denial of disability benefits for Michael E. Garcia, finding that the denial was riddled with error and that the record shows Garcia is among the most seriously disabled applicants for disability the Circuit Court has encountered. Remands to the Social Security Administration for proceedings consistent with the opinion.

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Opinions Dec. 19, 2013

December 19, 2013
Indiana Supreme Court
Tyrice J. Halliburton v. State of Indiana
20S00-1206-LW-560
Life without parole. Affirms murder conviction and sentence of life without parole. The trial court did not err in admitting certain evidence. Concludes the trial court committed no error, let alone fundamental error, by admitting photographs into evidence. Finds the court’s limiting instruction was erroneous, but Halliburton made no claim that the error was fundamental and no such fundamental error occurred.
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Opinions Dec. 18, 2013

December 18, 2013
Indiana Court of Appeals
Ralph Stockton v. Falls Auctioneers and Realtors and Peggy Buck as Trustee of the Peggy Buck Trust
18A05-1304-CT-160
Civil tort. Reverses summary judgment in favor of Peggy Buck as trustee of the Peggy Buck Trust on Stockon’s negligence suit. There are questions of fact regarding whether Stockton’s fall was caused in part by the length of the grass and whether Buck controlled the length of the grass. It cannot be said as a matter of law that Buck owed no duty to Stockton and Buck was not entitled to summary judgment on this basis. Remands for further proceedings.
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  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

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