Opinions

Opinions Dec. 18, 2014

December 18, 2014
Indiana Supreme Court
Rodregus Morgan v. State of Indiana
49S02-1405-CR-325
Criminal. Vacates conviction of Class B misdemeanor public intoxication as the requirements for conviction under Indiana’s public intoxication statute have not been met. An objective reasonable person standard should be read into Indiana’s public intoxication statute when applying the term “annoys.” Under that reading, the statute is not unconstitutionally vague.
More

Opinions Dec. 17, 2014

December 17, 2014
Indiana Supreme Court
Shawn Blount v. State of Indiana
49S02-1405-CR-338
Criminal. Affirms conviction of being a serious violent felon in possession of a firearm. A detective’s testimony that a witness identified Blount as the suspect was inadmissible hearsay, but it was a harmless error. There was no variance between the charging information and the evidence presented at trial.
More

Opinions Dec. 16, 2014

December 16, 2014
Indiana Supreme Court
Mark Rolley v. Melissa Rolley
87S01-1412-DR-739
Domestic relation. Affirms modification of child support order. Rules in a per curiam decision that ruling by Indiana Court of Appeals that an order of child support could be modified either because a substantial and continuing change in circumstances or, after 12 months, a 20 percent deviation.
More

Opinions Dec. 15, 2014

December 15, 2014
Indiana Court of Appeals
Goodrich Quality Theaters, Inc. and Roncelli, Inc. v. Fostcorp Heating and Cooling, Inc., Wilson Iron Works, Inc., et. al.
64A03-1308-PL-318
Civil plenary. Reaffirms previous ruling by the Indiana Court of Appeals that the trial court erred in awarding attorney fees to Fostcorp Heating and Cooling, Wilson Iron Works and Johnson Carpet. Since the general contractor, Roncelli Inc., was not the property owner, it is not liable for payment of attorney fees. Judge Patricia Riley voted to deny rehearing.
More

Opinions Dec. 12, 2014

December 12, 2014
Indiana Court of Appeals
Central Mutual Insurance Company v. Motorists Mutual Insurance Company
49A04-1405-CT-214
Civil tort. Affirms on interlocutory appeal the trial court order denying Central’s motion for partial summary judgment and granting Motorists’ motion for partial summary judgment. The trial court did not err in finding that Central provided primary coverage to a truck driver injured in a crash and that the Motorists policy provided excess coverage only when the limits of the Central policy had been reached.
More

Opinions Dec. 11, 2014

December 11, 2014
7th Circuit Court of Appeals
Kevin L. Harold v. Christopher C. Steel and Peters & Steel LLC
14-1875
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms dismissal of Harold’s lawsuit under the Fair Debt Collection Practices Act, contending Steel and his law firm had violated 15 U.S.C. Section 1692e by making false statements. Harold sought to challenge a garnishment order entered in state court. The Rooker-Feldmen doctrine bars his lawsuit.
More

Opinions Dec. 10, 2014

December 10, 2014
7th Circuit Court of Appeal
Robert D. DeLee v. City of Plymouth, Indiana
14-1970
U.S. District Court, Northern District of Indiana, Judge James T. Moody.
Civil. Reverses summary judgment in favor of the city on police officer DeLee’s lawsuit that he is entitled to his full longevity payment from the city for the year he served in the U.S. Air Force Reserves for eight months. Plymouth’s longevity benefit is more appropriately characterized as a reward for lengthy service rather than as compensation for work performed the preceding year, so the Uniformed Services Employment and Reemployment Rights Act guarantees DeLee a fully longevity payment for his 12th year of employment. Remands for further proceedings.
More

Opinions Oct. 9, 2014

December 9, 2014
Indiana Court of Appeals
Kolyann Williams v. State of Indiana
34A02-1406-CR-418
Criminal. Reverses conviction of Class A misdemeanor marijuana possession stemming from a traffic stop. Concludes the officer did not have a reasonable suspicion to believe that Williams had committed an infraction that supported stopping his car.
More

Opinions Dec. 8, 2014

December 8, 2014
Indiana Court of Appeals
Randal L. Young v. Indiana Department of Correction, Bruce Lemmon, David J. Donahue, Stanley Knight, et al.
32A05-1403-MI-148
Miscellaneous. Affirms the DOC’s policy concerning the restoration of credit time for inmates, which says the credit time sought must be credit time that was deprived during the offender’s current sentence. The policy does not result in disparate treatment and does not unconstitutionally discriminate against offenders who are ordered to serve consecutive sentences.
More

Opinions Dec. 5, 2014

December 5, 2014
Indiana Supreme Court
In the Matter of the Adoption of Minor Children: J.T.D. and J.S.: Ind. Dept. of Child Services v. N.E.
45S03-1406-AD-387
Adoption. Reverses trial court decision to not transfer cases from the civil division, which includes probate, to the juvenile division, which is where adoptions must be filed based on a local rule. Lake Superior Court’s four statutory divisions are not jurisdictional, and are merely descriptive of venue, so there is no conflict between the statute and the caseload allocation plan. Remands with instructions.
More

Opinions Dec. 4, 2014

December 4, 2014
Indiana Supreme Court
In Re: The Carroll County 2013 Tax Sale: Twin Lakes Regional Sewer District v. Richard C. Ray and Patricia A. Alford, et al.
08S04-1402-MI-97
Miscellaneous. The lien foreclosure prohibition of Indiana Code 13-26-14-4, governing the collection of regional sewer district sewer liens, does not apply to collection by tax sale. Here, because the sewer district employed the tax sale method and did not seek collection of the appellees' unpaid sewer bills and penalties through the lien foreclosure method, the lien foreclosure prohibition clause does not apply. The judgment of the trial court removing the Ray and Alford properties from the tax sale list is reversed, and this cause is remanded for further proceedings consistent with this opinion.
More

Opinions Dec. 3, 2014

December 3, 2014
Indiana Court of Appeals
S.L. v. State of Indiana (NFP)
49A02-1406-JV-377
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class C felony child molesting if committed by an adult.

 
More

Opinions Dec. 2, 2014

December 2, 2014
7th Circuit Court of Appeals
Emily Herx v. Diocese of Fort Wayne – South Bend, Inc. and St. Vincent de Paul School
14-3057
U.S. District Court, Northern District of Indiana, Fort Wayne Division.
Judge Robert Miller Jr.
Civil. Grants Emily Herx’s motion to dismiss for lack of appellate jurisdiction. Rejects the argument from the diocese for a collateral-order review, finding the church’s interest will not be irreparably harmed by waiting for the District Court to issue a final judgment.
More

Opinions Dec. 1, 2014

December 1, 2014
7th Circuit Court of Appeals
United States of America v. William Boswell
13-3641
Appeals from the U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Criminal. Affirms conviction and 235-month sentence for being a felon in possession of a firearm in violation of the Armed Career Criminal Act. The admission of evidence that Boswell had a gun tattoo on his neck was not an abuse of discretion because it served to impeach his testimony, and the sentence under the ACCA did not have to be alleged in the indictment.
More

Opinions Nov. 26, 2014

November 26, 2014
Indiana Court of Appeals
Crystal Valley Sales Inc., Charles Kline, and Nancy Kline v. Jonathan Anderson, National Sales Company Inc., Rodger Anderson, Camco Manufacturing, and Norm Geible
20A04-1402-PL-83
Civil Plenary. Affirmed trial court’s dismissal of civil conspiracy claims against National Sales Company Inc., Rodger Anderson, Camco Manufacturing Inc. and Norm Geible for failure to state a claim upon which relief can be granted. Finds Crystal Valley did not provide sufficient facts to show that the co-defendants engaged in unlawful actions. Rejects Crystal Valley’s argument that its civil conspiracy count is sufficient by itself to claim the co-defendants helped Jonathan breach his contractual or fiduciary duties.
More

Opinions Nov. 25, 2014

November 25, 2014
More

Opinions Nov. 24, 2014

November 24, 2014
Indiana Court of Appeals
Antonio Smith v. State of Indiana
71A04-1312-CR-609
Criminal. Reverses conviction of Class C felony burglary, finding the state knowingly proffered perjured testimony from a witness who had previously pleaded guilty to the break-in of a Dollar General store that Smith also was charged with. The state had a duty to correct perjured testimony and should have joined in the defense’s request for a mistrial. The court referred the case to the Indiana Supreme Court Disciplinary Commission with a caution: “We also note that instances of prosecutorial misbehavior continue to come before us on appeal notwithstanding our admonishments.”
More

Opinions Nov. 21, 2014

November 21, 2014
Indiana Court of Appeals
Deriq Watters v. State of Indiana
34A02-1403-CR-215
Criminal.  Reverses revocation of probation. The evidence used to revoke Watters’ probation was inadmissible.
More

Opinions Nov. 20, 2014

November 20, 2014
Indiana Tax Court
The City of Greenfield and the Greenfield Fire Protection Territory v. The Ind. Dep't of Local Government Finance
49T10-1111-TA-67
Tax.  Reverses reduction by the Department of Local Government Finance of the Greenfield Fire Protection Territory’s general fund levy for the 2012 budget year. Public Law 172-2011, Section 164 contravenes the special legislation provisions set forth in Article 4, Section 23 of the Indiana Constitution.
More

Opinions Nov. 19, 2014

November 19, 2014
Indiana Court of Appeals
Sharon Handy v. P.C, Building Materials, Inc., PC Properties, LLC, David A. Stemler, and Karen L. Stemler
22A01-1403-CT-125
Civil tort. Reverses summary judgment in favor of P.C. Building Materials and other defendants on Handy’s negligence claim. There are genuine issues of material fact that remain for a determination by a jury. Remands for further proceedings.
More

Opinions Nov. 18, 2014

November 18, 2014
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of E.P. III and E.P. Jr. (Father) v. Indiana Dept. of Child Services
15A04-1403-JT-134
Juvenile. Affirms father’s termination of parental rights. Father did not object to the same judge who presided in his Class B felony child molesting and neglect convictions presiding in his termination of parental rights proceedings, therefore the argument first raised on appeal is waived. There also was sufficient evidence to support the termination of parental rights.
 
More

Opinions Nov. 17, 2014

November 17, 2014
Indiana Court of Appeals
In the Matter of the Walter Penner Trust Under Agreement Created by the Grantor, Walter Penner on April 13, 2010, Stanley Penner v. Ronald Penner
45A03-1212-TR-516
Trust. Affirms trial court’s denial of Stanley Penner’s Petition for Trustee’s Accounting, for Order to Sell Real Estate, and Related Matters. Also affirmed trial court’s order that Stanley pay $13,166 in attorney fees to the Penner Trust. Remands for the trial court to determine and order Stanley to pay the appellate attorney fees for the trust. Finds Ronald did not breach the trust. The language of the trust is unambiguous and, therefore, overrides the state statutes that require trusts to provide access to an accounting. 
More

Opinions Nov. 14, 2014

November 14, 2014
Indiana Court of Appeals
Timothy W. Paul v. Stone Artisans, Ltd.
29A04-1406-PL-258
Civil plenary. Affirms finding that Paul breached his contract with Stone Artisans. Finds that although the contact did not include measurements, the contract is still enforceable because it is reasonably certain in the terms and conditions. Also rules the contract did comply with the Home Improvement Contract Act despite missing two of the required nine elements.
More

Opinions Nov. 13, 2014

November 13, 2014
7th Circuit Court of Appeals
United States of America v. Evelyn Rivera Borrero, et al.

13-3430, 13-3468, 13-3516, 13-3517, 13-3559
U.S. District Court, Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio.
Criminal. Reverses convictions of conspiring to violate 8 U.S.C. Section 1324 (a)(1)(A)(iii) and (iv) by shielding unauthorized aliens from detection and encouraging them to live in the United States; and vacates convictions of conspiracy to commit mail or wire fraud. Remands for entry of acquittal on the first count. The government’s legal argument that vehicle tiles and license plates are “property” from the perspective of Indiana is a legal error.
More

Opinions Nov. 12, 2014

November 12, 2014
Indiana Court of Appeals
Jeffrey Z. Hayden v. State of Indiana
55A04-1403-CR-116
Criminal. Affirms sufficient evidence to convict Hayden of burglary, theft and residential entry. Remands with instructions to vacate guilty verdict on residential entry as it is a lesser-included offense of burglary and to clarify the entry of judgment as to whether to enter judgment and sentence on the theft conviction or to vacate the jury’s guilty verdict.
More
Page  1 2 3 4 5 6 7 8 9 10 >> pager
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT