Opinions

Opinions April 12, 2016

April 12, 2016
Indiana Supreme Court
Scott Hitch v. State of Indiana
49S02-1506-CR-376
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.
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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.
49A02-1506-PL-653
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.

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Opinions April 8, 2016

April 8, 2016
Indiana Court of Appeals
Joshua S. Black v. State of Indiana (mem. dec.)
33A01-1509-CR-1361
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.
 

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Opinions April 7, 2016

April 7, 2016
Indiana Court of Appeals
Community Health Network v. Pamela D. Bails
49A05-1512-PL-2059
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.
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Opinions April 6, 2016

April 6, 2016
Indiana Court of Appeals
Larry J. Jernas and R & R Horse Haven, Inc. v. Kevin J. Gumz
75A03-1511-CC-1903
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.
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Opinions April 5, 2016

April 5, 2016
Indiana Supreme Court
Michael Ackerman v. State of Indiana
49S00-1409-CR-770
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.
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Opinions April 4, 2016

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

79A05-1508-CR-1155
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.
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Opinions March 31, 2016

March 31, 2016
Indiana Court of Appeals
Noe Escamilla v. Shiel Sexton Company, Inc.
54A01-1506-CT-602
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.
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Opinions March 30, 2016

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

46S04-1509-CR-552
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.
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Federal court denies state's request for stay in Exodus case

March 29, 2016
IL Staff
A federal judge has denied the state’s motion for a stay on a preliminary injunction granted last month in a lawsuit challenging Gov. Mike Pence’s suspension of funds to groups that resettle Syrian refugees in Indiana.
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Opinions March 29, 2016

March 29, 2016
Indiana Court of Appeals
3155 Development Way, LLC v. APM Rental Properties, LLC
10A01-1508-PL-1235
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.
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Opinions March 28, 2016

March 28, 2016
Indiana Court of Appeals
Rogers Group, Inc. v. Tippecanoe County, et al.
79A02-1506-PL-694
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.
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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
45A03-1507-JC-842
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.
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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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  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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