Opinions April 18, 2016

April 18, 2016
Indiana Court of Appeals
Toddrick Ogburn v. State of Indiana
Criminal. Reverses and remands Toddrick Ogburn’s conviction of possession of marijuana with intent to deliver in an amount greater than 10 pounds, a Class C felony, because the court abused its discretion by admitting evidence in violation of the Fourth Amendment.

Opinions April 15, 2016

April 15, 2016
Indiana Court of Appeals
Paul Angel v. Vanderburgh County Treasurer and Townsquare Media, LLC
Miscellaneous. Reverses and remands order denying Paul Angel’s motion to establish redemption amount, finding Angel is entitled to recover from Townsquare Media under Ind. Code 6-1.1-25-12. Remands for determination of amount Angel is entitled to recover.

Opinions April 14, 2016

April 14, 2016
Indiana Court of Appeals
Mason W. Meunier-Short v. State of Indiana
Criminal. Remands to trial court to conduct an indigency hearing at some point before Mason Meunier-Short’s probation ends. Vacates part of order imposing a $200 substance abuse fee and $200 alcohol and drug countermeasures fee. Reverses condition that would require Meunier-Short to go to school and maintain a “C” average and remands for the court to amend the probation order to give him the option to maintain fulltime employment or faithfully pursue a course of study that will equip him for suitable employment.

Opinions April 13, 2016

April 13, 2016
Indiana Supreme Court
The following opinions were issued after IL deadline Tuesday.

William Clyde Gibson III v State of Indiana

Criminal. Affirms death sentence for William Clyde Gibson in murder of Stephanie Kirk, finding the trial court did not err and the sentence is not inappropriate.

Opinions April 12, 2016

April 12, 2016
Indiana Supreme Court
Scott Hitch v. State of Indiana
Criminal. Affirms there was no violation of Scott Hitch’s Sixth Amendment right to trial by jury and evidence was sufficient to sustain his conviction of battery as a Class A misdemeanor and that he committed a crime of domestic violence. Justice Massa concurs in result with separate opinion in which Justice Dickson joins.

Opinions April 11, 2016

April 11, 2016
Indiana Court of Appeals
Dorothea Bragg, on Behalf of Herself and All Others Similarly Situated v. Kittle's Home Furnishings, Inc.
Civil plenary. Affirms summary judgment for Kittle’s on all claims raised by former employee Dorothea Bragg against the store. Bragg alleged Kittle’s failed to pay employees earned commissions within the 10-day limit set forth in the Indiana Wage Payment Statute.


Opinions April 8, 2016

April 8, 2016
Indiana Court of Appeals
Joshua S. Black v. State of Indiana (mem. dec.)
Criminal. Affirms Level 5 felony conviction of dealing in methamphetamine, finding the trial court did not abuse its discretion in denying Joshua Black’s motion to withdraw a guilty plea.


Opinions April 7, 2016

April 7, 2016
Indiana Court of Appeals
Community Health Network v. Pamela D. Bails
Civil plenary. Reverses and remands motion to correct error, which vacated an agreed judgment between Pamela Bails and Community Health Network from Decatur Township Small Claims Court. An agreed judgment is not appealable, absent fraud.

Opinions April 6, 2016

April 6, 2016
Indiana Court of Appeals
Larry J. Jernas and R & R Horse Haven, Inc. v. Kevin J. Gumz
Civil collection. Affirms Kevin Gumz can keep $25,000 deposit after sale of real estate did not go through. Rejects claims the agreement was invalid because it was indefinite or not properly executed.

Opinions April 5, 2016

April 5, 2016
Indiana Supreme Court
Michael Ackerman v. State of Indiana
Criminal. Affirms Michael Ackerman’s conviction and sentence for second-degree murder. He was sentenced to life in prison with the possibility of parole. The court found an admission of an autopsy report into evidence does not violate the defendant’s right to confront witnesses against him when the pathologist who performed the autopsy against him was not available to testify.

Opinions April 4, 2016

April 4, 2016
Indiana Court of Appeals
Richard Lee Dulin v. State of Indiana (mem. dec.)

Criminal. Affirms sentence of five years with two suspended to probation for conviction of Level 5 felony operating a vehicle while privileges are suspended for life and Class A misdemeanor resisting law enforcement.

Opinions March 31, 2016

March 31, 2016
Indiana Court of Appeals
Noe Escamilla v. Shiel Sexton Company, Inc.
Civil tort. Affirms denial of Noe Escamillia’s motion in limine, ruling that evidence of his immigration status would be admissible and his expert testimony based on future lost wages based on what he could have made in the U.S. would not be admissible. Affirms grant of Shiel Sexton’s motion to exclude Escamillia’s experts. Remands for further proceedings. Judge John Baker dissents.

Opinions March 30, 2016

March 30, 2016
Indiana Supreme Court
State of Indiana v. Brian J. Taylor

Criminal. Reverses and remands the prospective blanket suppression of police officers’ testimony in a murder case. Even though the officers’ testimony is presumptively tainted by the eavesdropping, they may yet have an independent basis for certain limited testimony.

Opinions March 29, 2016

March 29, 2016
Indiana Court of Appeals
3155 Development Way, LLC v. APM Rental Properties, LLC
Civil plenary. Affirms rescission of a contract to purchase a tract of land after the court found a company relied on a misrepresentation to purchase it.

Opinions March 28, 2016

March 28, 2016
Indiana Court of Appeals
Rogers Group, Inc. v. Tippecanoe County, et al.
Civil plenary. Affirms one zoning ordinance as enforceable and a second not enforceable. Tippecanoe County’s requirement of a special exception to mine in a flood plain is valid and enforceable, but a quarry ban that prohibits new mines within two miles of residential areas is not because it was not enacted in accordance with Indiana’s zoning statutes.

Opinions March 24, 2016

March 24, 2016
Indiana Court of Appeals
In the Matter of: D.W. (Minor Child), and, T.W. (Mother) v. The Ind. Dept. of Child Services
Juvenile. Dismisses appeal of order terminating mother’s visitation with her daughter and denying her motion to modify a CHINS action. Dismisses for lack of subject matter jurisdiction because the trial court’s order is not a final judgment.

Opinions March 23, 2016

March 23, 2016
Indiana Court of Appeals
Cheryl L. Underwood v. Thomas Bunger, in his capacity as the Personal Representative of The Estate of Kenneth K. Kinney; Judith M. Fulford; and Sheree Demming
Miscellaneous. Affirms grant of the estate of Kenneth K. Kinney’s motion to dismiss. The estate was not a proper defendant in Underwood’s claim for partition.

Opinions March 22, 2016

March 22, 2016

Indiana Supreme Court
State of Indiana, Acting on Behalf of the Indiana Family & Social Services Administration v. International Business Machines Corporation  

Civil plenary. Reverses trial court ruling that IBM was not in material breach of its master services agreement to administer Indiana’s welfare systems under a $1.3 billion contract that the state terminated for cause. Summarily affirms the Court of Appeals on all other  issues:  affirming the trial court’s award of $40 million in assignment fees and $9,510,795 in equipment fees to IBM; affirming the trial court’s denial of deferred fees to IBM; and reversing the trial court’s award of $2,570,621 in early termination close out payments and $10,632,333 in prejudgment interest to IBM. Remands to the trial court to determine the amount of fees IBM is entitled to for two change orders, and for calculation of the parties’ damages, including any appropriate offsets to the state as a result of IBM’s material breach of the MSA.   


Opinions March 21, 2016

March 21, 2016
Indiana Court of Appeals
Kulon N. Lewis, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Kulon Lewis Jr.’s conviction of attempted murder , a Level 1 felony, and the sentencing enhancement for using a firearm in the commission of an offense.


Opinions March 18, 2016

March 18, 2016

Opinions March 17, 2016

March 17, 2016
Indiana Court of Appeals
KS&E Sports and Edward J. Ellis v. Dwayne H. Runnels
Civil tort. Affirms denial of KS&E Sports’ motion for judgment on the pleadings against Dwayne Runnels. KS&E asserted immunity from suit arguing Runnels’ damages resulted from criminal misuse of a firearm by a third party.

Opinions March 16, 2016

March 16, 2016
Indiana Court of Appeals
Edward P. Kramer v. Focus Realty Group, LLC, successor in interest to AES Restaurants, LLC
Civil plenary. Affirms award of summary judgment in favor of Focus Realty Group for breach of contract after it paid $40,000 more than the correct purchase price. Kramer’s attorney had responded to a request by Focus’ attorney with a figure higher than the lease actually was.

Opinions March 15, 2016

March 15, 2016
Indiana Supreme Court
In Re The Marriage of Amy Steele-Giri v Brian K. Steele
Domestic relations. Affirms trial court’s denial of mother’s motion for custody modification and contempt. There was ample evidence for the trial court to concluded that a custody modification was not in the child’s best interests.

Opinions March 14, 2016

March 14, 2016
7th Circuit Court of Appeals
Paul Dimmett v. Carolyn Colvin
United States District Court for the Southern District of Indiana, Evansville Division, Chief Judge Richard L. Young.
Civil/Social Security disability. Reverses grant of summary judgment in favor of the Social Secuirty Administration. The denial was not a reasonable analysis of the plaintiff's claim and served to rubber stamp the agency's denial of benefits for a 33-year sheet metal journeyman who sought disability benefits due to chronic breathing difficulties and possible exposure to asbestos.

Opinions March 11, 2016

March 11, 2016
Indiana Court of Appeals

Indiana High School Athletic Association, Inc., and Hammond Gavit High School v. Nasir Cade, et al.
Civil plenary. Reverses preliminary injunction granted in favor of the high schools and players. Remands for dismissal of claims brought by students who would have been banned from participating in the IHSAA boys’ basketball state tournament because their claims are now moot. COA says trial court erred by concluding the schools demonstrated a likelihood of success on the merits and remands to trial court.
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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues