Opinions Sept. 14, 2016

September 14, 2016
Indiana Court of Appeals
Meridian Health Services Corporation v. Thomas Martin Bell

Domestic relation. Affirms trial court’s order finding Meridian Health Services Corporation in contempt of court for failure to comply with a subpoena duces tecum and appear at a deposition and awarding attorney fees as a sanction. The trial court did not abuse its discretion in holding Meridian in contempt.

Opinions Sept. 13, 2016

September 13, 2016
7th Circuit Court of Appeals
William Hinesley, III v. Wendy Knight, superintendent, Correctional Industrial Facility

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Jane E. Magnus?Stinson, Judge.
Civil. Affirms district court’s decision to deny William Hinesley’s petition for writ of habeas corpus. Finds that Hinesley’s counsel was not ineffective in a prejudicial manner.

Opinions Sept. 12, 2016

September 12, 2016
Indiana Court of Appeals
Marc Lindsey v. State of Indiana (mem. dec.)
Criminal. Affirms Marc Lindsey’s conviction of Class D felony operating a vehicle while intoxicated.

Opinions Sept. 9, 2016

September 9, 2016
Indiana Court of Appeals
Julie R. Waterfield v. Richard D. Waterfield
Civil plenary. Affirms trial court’s order denying Julie R. Waterford’s request to set aside her divorce decree entered in 1997 based on the allegation of fraud committed by Richard D. Waterfield while negotiating a settlement leading to the dissolution of the marriage. Finds that Julie Waterfield failed to establish that Richard Waterfield committed fraud. Finds that Richard Waterfield is entitled to an award of attorney fees.

Opinions Sept. 8, 2016

September 8, 2016
Indiana Court of Appeals
Thomas A. Carpenter, et al. v. The Cincinnati Specialty Underwriters Insurance Company
Civil tort. Affirms summary judgment and declaratory judgment in favor of Cincinnati Specialty. It had no obligation to make payments under a consent judgment in which Carpenter and Cincinnati’s insured, Lovell’s Lounge, agreed Carpenter’s injuries were caused by Lovell’s Lounge’s negligence or that Lovell’s was vicariously liable for injuries Carpenter sustained when he was punched in the jaw by patron Jerry Dean Johnson. Finds the consent judgment was obtained by bad faith or collusion, collateral estoppel does not apply, and CSU is not bound by the consent judgment.

Opinions Sept. 7, 2016

September 7, 2016
Indiana Court of Appeals
In the Matter of: J.B., A Child in Need of Services: S.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms J.B.’s designation as a child in need of services.

Opinions Sept. 6, 2016

September 6, 2016
Indiana Court of Appeals
Brian W. Ellison v. State of Indiana (mem. dec.)
Criminal. Affirms Ellison’s designation as a credit-restricted felon. Finds sufficient evidence to support the trial court’s determination that Ellison molested A.E. on or after July 1, 2008, the effective date of the credit-restricted felon statute.

Opinions Sept. 2, 2016

September 2, 2016
Indiana Court of Appeals
In the Matter of the Commitment of H.F. v. Eskenazi Health/Midtown Clinic (mem. dec.)
Mental health. Affirms order for temporary involuntary civil commitment, not to exceed 90 days. 

Opinions Sept. 1, 2016

September 1, 2016
Indiana Supreme Court
In the Matter of: Harold E. Bean
Discipline. Disbars Bean for engaging in attorney misconduct while the elected clerk-treasurer of the town of Warren Park. He pleaded guilty to theft and official misconduct as Class D felonies after writing dozens of checks to himself from town funds.

Opinions Aug. 31, 2016

August 31, 2016
Indiana Court of Appeals
George P. Broadbent, and Plainfield Village, LP v. Fifth Third Bank
Mortgage foreclosure. Affirms summary judgment for the bank. The trial court properly interpreted the guaranties of the contract and applied the guaranties’ terms to calculate Broadbent’s liability.

Opinions Aug. 30, 2016

August 30, 2016
Indiana Court of Appeals
In re the Paternity of: L.S., Chen Su v. James Lowe (mem. dec.)
Juvenile. Affirms order modifying custody of L.S. to sole legal custody of father, parenting time and child support.

Opinions Aug. 29, 2016

August 29, 2016
Indiana Supreme Court
Michael Day v. State of Indiana
Criminal. Affirms Day’s disorderly conduct conviction. Concludes that the “fighting” subsection of the disorderly conduct statute does not contain a public disturbance element but does require a physical altercation. His intentional spitting provided sufficient evidence of a physical altercation.

Opinions Aug. 26, 2016

August 26, 2016
Indiana Court of Appeals
Dorothy Williams v. State of Indiana
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct. Finds the state’s impairment of Williams’ speech was constitutional because it was rational and her speech was politically ambiguous for purposes of an Article I, Section 9 affirmative defense.

Opinions Aug. 25, 2016

August 25, 2016
Indiana Court of Appeals
In re the Scott David Hurwich 1986 Irrevocable Trust Scott D. Hurwich v. Stacey R. MacDonald
Trust. Reverses the probate court’s order dismissing Hurwich’s complaint. Hurwich’s appeal was timely filed and dismissal of his complaint was not appropriate. Specific factual support is not required under Indiana Trial Rule 8(A) as factual specifics may not be available until discovery is made.

Opinions Aug. 24, 2016

August 24, 2016
Indiana Court of Appeals
Christopher Compton v. State of Indiana
Criminal. Affirms conviction of three counts of felony murder and the finding that Compton is a habitual offender. The trial court did not deprive Compton of due process when it allowed the media to tweet live updates of his trial from the courtroom, nor did it err in admitting evidence of Compton’s incriminatory statements. Calls for guidance on social media use during criminal trials.

Opinions Aug. 23, 2016

August 23, 2016

Indiana Supreme Court
Kristy Burnell v. State of Indiana
Criminal. Affirms trial court decision to not terminate license suspension. Holds a refusal to submit to a chemical test occurs when the conduct of the motorist is such that a reasonable person in the officer’s position would be justified in believing the motorist was capable of refusal and manifested an unwillingness to submit to the test. Burnell has the burden of demonstrating the evidence shows her license suspension by the BMV should be overturned, and she did not carry this burden.


Opinions Aug. 22, 2016

August 22, 2016
Indiana Court of Appeals
Douglas M. Curtis v. State of Indiana
Criminal. Reverses conviction of Class A misdemeanor criminal trespass. Because the apartment complex where Curtis had been living with his father provided him a 48-hour grace period to remove his property and Curtis was arrested while in the process of gathering his personal belongings, there was insufficient evidence to support the conviction.

Opinions Aug. 19, 2016

August 19, 2016
Indiana Court of Appeals
Amir Basic and Gerard Arthus v. Numan A. Amouri, Mohamad H. Mohajeri, Mohammad Aslam Chaudhry, Adnan Khan, Imdad Zackariya, Mohammad Sirajuddin, Sarah Shaikh, Aijaz Shaikh, Ismail Al-Ani, et al.
Civil plenary. Affirms trial court findings that it lacked subject matter jurisdiction, appellants lacked standing and its decision to quash certain subpoenas in a dispute brought against the imam of the Islamic Society of Michiana Inc., by a Amir Basic, a member of the board of directors and trustees, after he was removed. Finds Basic and Gerard Arthus acted in procedural bad faith. Grants appellees’ request for damages and remands to the trial court for a determination of those damages.

Opinions Aug. 18, 2016

August 18, 2016
Indiana Court of Appeals
J.B. Hunt Transport, Inc., and Terry L. Brown, Jr. v. The Guardianship of Kristen Zak
Civil tort. Affirms jury verdict in favor of the guardianship of Kristen Zak on the guardianship’s negligence claim. Zak’s vehicle slid on snowy conditions on I-65 and crashed into a J.B. Hunt semi that had jackknifed an hour prior. Finds there were multiple questions of fact that needed to be answered by a jury and there is no basis on which to second-guess the jury. There are also no questions of law warranting reversal.

Opinions Aug. 17, 2016

August 17, 2016
Indiana Court of Appeals
Robert Weathers v. State of Indiana
Criminal. Affirms Level 5 felony possession of a handgun without a license conviction. The trial court did not abuse its discretion in admitting the handgun at trial, which was found after a warrantless inventory search of Weathers’ vehicle after he was stopped and arrested for driving without a license.

Opinions Aug. 16, 2016

August 16, 2016
Indiana Supreme Court
In Re the Involuntary Termination of the Parent-Child Relationship of R.S., (Minor Child), and R.S. (Father) v. Marion County Department of Child Services and Child Advocates, Inc.
Juvenile. Reverses termination of father’s parental rights. The trial court’s findings do not clearly and convincingly support its conclusion that termination of father’s parental rights is in the best interests of the son.

Opinions Aug. 15, 2016

August 15, 2016
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. Darrell L. Duncan
Appeal from U.S. District Court, Northern District of Indiana, South Bend Division. Judge Robert L. Miller Jr.
Criminal. Holds that a conviction for robbery under the Indiana statute qualifies under the still-valid elements clause of the Armed Career Criminal Act definition of violent felony. Robbery by placing a person in fear of bodily injury under Indiana law involves an explicit or implicit threat of physical force and therefore qualifies as a violent felony under 18 U.S.C. Section 924(e)(2)(B)(i.)

Opinions Aug. 12, 2016

August 12, 2016
Indiana Court of Appeals
Bryan Modglin v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class A felony attempted murder, Class C felony battery resulting in serious bodily injury, Class D felony battery resulting in bodily injury and Class A misdemeanor battery.

Opinions Aug. 11, 2016

August 11, 2016
The following opinions were posted after IL deadline Wednesday:
7th Circuit Court of Appeals

Alphonse D. Owens v. LVNV Funding, LLC; Joshua Birtchman v. LVNV Funding LLC, et al.
15-2044, 15-2082, 15-2109
Appeal from U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms in the three cases the District Court’s grant of the defendant debt collector’s motion to dismiss lawsuits alleging that the act of filing a proof of claim on a stale debt violates the Fair Debt Collection Practices Act. The plaintiffs had not stated claims for relief under the Act. Chief Judge Diane Wood dissents.

Opinions Aug. 10, 2016

August 10, 2016
Indiana Court of Appeals
Peter Aghimien and Mable Aghimien v. Mark Fox (mem. dec.)
Civil tort. Affirms denial of the Aghimiens’ motion for summary judgment and the grant of Fox’s motion for summary judgment on the Aghimiens’ lawsuit claiming defamation, tortious interference with a business relationship, intentional infliction of emotional distress and loss of consortium.

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