Opinions

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
53A01-1509-MI-1305
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.
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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  

49S02-1408-PL-513.
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.   

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Opinions March 21, 2016

March 21, 2016
Indiana Court of Appeals
Kulon N. Lewis, Jr. v. State of Indiana (mem. dec.)
02A03-1508-CR-1140
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.
 

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Opinions March 18, 2016

March 18, 2016
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Opinions March 17, 2016

March 17, 2016
Indiana Court of Appeals
KS&E Sports and Edward J. Ellis v. Dwayne H. Runnels
49A02-1501-CT-42
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.
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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
29A04-1508-PL-1089
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.
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Opinions March 15, 2016

March 15, 2016
Indiana Supreme Court
In Re The Marriage of Amy Steele-Giri v Brian K. Steele
45S04-1512-DR-00682
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.
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Opinions March 14, 2016

March 14, 2016
7th Circuit Court of Appeals
Paul Dimmett v. Carolyn Colvin
15-2233
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.
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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.
45A03-1503-PL-84
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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Opinions March 10, 2016

March 10, 2016
Indiana Court of Appeals
Tricia A. Davis Williams v. State of Indiana
29A02-1506-CR-528
Criminal. Affirms Tricia A. Davis Williams’ sentencing order after she pleaded guilty to one count of Class D felony theft. Her placement in the Department of Correction is not inappropriate.
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Opinions March 9, 2016

March 9, 2016
Indiana Court of Appeals
David Lee Marshall v. State of Indiana
20A03-1507-MI-973
Criminal. Affirms the denial of David Lee Marshall’s petition for expungement, holding the trial court could properly find, based upon Marshall’s own admission, that he had committed a crime in the relevant time period and was not entitled to the requested relief. 
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Opinions March 8, 2016

March 8, 2016
Indiana Court of Appeals
Tyrone Grayson v. State of Indiana

49A05-1505-CR-350
Criminal. Affirms Tyrone Grayson’s conviction of Class B felony unlawful possession of a firearm by a serious violent felon. An anonymous tip was sufficient probable cause for police to stop Grayson’s vehicle, where a handgun was found in plain sight.
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Opinions March 7, 2016

March 7, 2016
Indiana Tax Court

Nick Popovich v Ind. Dept. of State Revenue
49T10-1010-TA-53
Awards Nick Popovich $24,963 for successfully prosecuting his first motion to compel.

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Opinions March 4, 2016

March 4, 2016
7th Circuit Court of Appeals
Aduwali Abdukhadir Muse v. Charles A. Daniels, Warden, FCI Terre Haute
15-2646
Civil. Affirms denial of writ of habeas corpus because Muse waived the right to challenge his guilty plea based on his age when he pleaded guilty.
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Opinions March 3, 2016

March 3, 2016
Indiana Court of Appeals
Caterpillar Inc. v. William Sudlow
79A02-1507-CT-801
Civil tort. Reverses and remands summary judgment for William Sudlow in favor of Caterpillar Inc. after it found Sudlow is not entitled to relief under statute or common law. Sudlow was a Caterpillar employee who was fired after another employee observed a partially visible gun in his vehicle in the Caterpillar parking lot.
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Opinions March 2, 2016

March 2, 2016
Indiana Supreme Court
Ashonta Kenya Jackson v. State of Indiana
48S02-1509-CR-554
Criminal. Affirms conviction of Class C felony corrupt business influence, holding that Indiana’s Racketeer Influenced and Criminal Organizations Act does not contain a continuity element, but rather a requirement that the pattern of crimes are “not isolated.” The evidence was sufficient to show the underlying robberies Jackson was convicted of were not isolated. Remands for revision of the sentencing order to indicate which offense was enhanced by the habitual offender adjudication.
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Opinions March 1, 2016

March 1, 2016
Indiana Supreme Court
Austin Blaize v State of Indiana
26S00-14-10-LW-771
Life without parole. Affirms convictions of murder, burglary and other charges and Austin Blaize’s sentence of life without parole and a term of years. Comments made by the judge to the jury do not require reversal and a new trial.
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Opinions Feb. 29, 2016

February 29, 2016
Indiana Court of Appeals
Edward Skillman v. Ivy Tech Community College
49A04-1509-PL-1279
Civil plenary. Affirms summary judgment for Ivy Tech on Skillman’s claim under the Indiana Wage Payment Act. Ivy Tech is not an “employer” for purposes of the Indiana Minimum Wage Law because it is “subject to” federal Fair Labor Standards Ac requirements, even if Skillman cannot personally enforce FLSA requirements against Ivy Tech.
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Opinions Feb. 26, 2016

February 26, 2016
Indiana Court of Appeals
Timothy L. Coats v. State of Indiana (mem. dec.)
02A03-1510-CR-1657
Criminal. Affirms conviction of Level 6 felony resisting law enforcement.
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Opinions Feb. 25, 2016

February 25, 2016
Indiana Court of Appeals
John H. Hill v. State of Indiana
20A03-1507-CR-907
Criminal. Affirms John Hill’s convictions of criminal confinement, a Class C felony, domestic battery, a Class D felony, domestic battery, a Class A misdemeanor and interference with the reporting of a crime, a Class A misdemeanor.  The state did not interfere with his defense by moving to exclude the testimony of a witness.
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Opinions Feb. 24, 2016

February 24, 2016
Indiana Court of Appeals
Billy Luke v. State of Indiana
15A01-1409-CR-407
Criminal. Affirms Billy Luke’s convictions for invasion of privacy as Class D felonies and the revocation of his probation. Remands with instructions to vacate Luke’s conviction for stalking as a Class C felony because of a double jeopardy violation.
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Opinions Feb. 23, 2016

February 23, 2016
7th Circuit Court of Appeals
Kathy Ann Stark v. Carolyn W. Colvin

15-2352
US District Court, Northern District of Indiana, Fort Wayne Division
Joseph S. Van Bokkelen, Judge.
Civil. Remands denial of disability insurance benefits to Social Security Administration, finding the administrative law judge applied flawed analyses to deny Stark’s claim.
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Opinions Feb. 22, 2016

February 22, 2016
The following 7th Circuit Court of Appeals opinion was issued after IL deadline Friday.

USA vs. Lon Campbell
15-1188
US District Court, Southern District of Indiana, Indianapolis Division
Tonya Walton Pratt, Judge.
Criminal. Dismisses appeal of Campbell’s sentence of 21 months in prison followed by three years of supervised release because he waived his right to appeal in district court.

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Opinions Feb. 18, 2016

February 18, 2016
Indiana Court of Appeals
David W. Gerth v. State of Indiana
29A02-1506-CR-693
Criminal. Reverses David Gerth’s convictions for Class C felony dealing in marijuana and Class D felony maintaining a common nuisance.

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Opinions Feb. 17, 2016

February 17, 2016
7th Circuit Court of Appeals
In Re: Biglari Holdings Inc. Shareholder Derivative Litigation. Chad Taylor and Edward Donahue v. Sardar Biglari
15-1828
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms ruling there was no demand futility in three transactions which sold holdings to Biglari Holdings CEO Sardar Biglari.
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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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