Opinions April 16, 2015

April 16, 2015
Indiana Court of Appeals
James Satterfield v. State of Indiana
Criminal. Reverses denial of motion to let bail following Satterfield’s arrest and charge for murder. Although Statterfield forfeited his right to appeal by not filing the notice of appeal within 30 days of the trial court order, the COA concluded his appeal deserves a determination on the merits. Remands for new hearing so Satterfield can present evidence of self-defense.

Opinions April 15, 2015

April 15, 2015
Joseph E. Corcoran v. Ron Neal, superintendent
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio.
Civil. Affirms denial of writ for federal habeas relief from death penalty. The Indiana Supreme Court held that the trial judge did not rely on nonstatutory aggravating factors, and that determination was not unreasonable. The Supreme Court also reasonably determined that the trial judge considered all proffered evidence in mitigation.

Opinions April 14, 2015

April 14, 2015
Indiana Court of Appeals
Think Tank Software Development Corp., d/b/a Think Tank Networking Tech. Group and Think Tank Info. Systems v. Chester, Inc., Mike Heinhold, John Mario, Joel Parker, Thomas Guelinas, et al.
Civil plenary. Affirms directed verdict in favor of Chester Inc. and other defendants on Think Tank’s claim for misappropriation of trade secrets. Also finds the trial court correctly determined that Think Tank’s non-solicitation claim was barred.

Opinions April 13, 2015

April 13, 2015
Indiana Court of Appeals
Israel Munoz v. Jerome Woroszylo
Civil tort. Affirms denial of Munoz’s motion to dismiss Woroszylo’s lawsuit stemming from a car accident filed in Tippecanoe County after the case was dismissed from Illinois federal court for lack of personal jurisdiction. There is no intent that Worosyzlo filed his suit in Illinois with intent to abuse judicial process or create undue delay and his decision to file in Indiana state court is allowed under the Journey’s Account Statute.

Opinions April 10, 2015

April 10, 2015
Indiana Tax Court
ESPN Productions, Inc. v. Indiana Department of State Revenue
Tax. Grants in part and denies in part ESPN’s request to place certain documents within the judicial record under seal. Holds that the tax returns, production services agreement, and cable television license agreements submitted by the company as designated evidence in support of its motion for summary judgment are protected from public disclosure under both Access to Public Records Act and Administrative Rule 9(G)(2). That protection does not extend to ESPN’s supplement to protest.

Opinions April 9, 2015

April 9, 2015
Indiana Supreme Court
Cohen & Malad, LLP v. John P. Daly, Jr., Golitko & Daly, P.C., and Golitko Legal Group, P.C.
Civil plenary. Reverses denial of quantum meruit relief to Cohen & Malad for part of the contingent fees earned in cases that where first handled by C&M attorneys and later by Daly and his firm after he left C&M.

Opinions April 8, 2015

April 8, 2015
7th Circuit Court of Appeals
United States of America v. Mark Bozovich
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms conviction of conspiracy to distribute heroin and 235-month prison sentence. The District judge made a clear credibility finding and otherwise carefully scrutinized the drug quantity evidence. Finds that by testifying on direct about his heroin purchasing habits and motives for his purchases, Bozovich opened himself up for cross-examination as to those topics.

Opinions April 7, 2015

April 7, 2015
Indiana Court of Appeals
Glenn Sciaraffa v. State of Indiana
Criminal. Affirms conviction for dealing in methamphetamine, a Class B felony; maintaining a common nuisance, a Class D felony; possession of paraphernalia, a Class A misdemeanor; and an adjudication as a habitual substance offender. Finds no fundamental error occurred during the admission of presumptive positive test and rules the state’s closing arguments fell within the bounds of prosecutorial advocacy. Also holds the state presented sufficient evidence beyond a reasonable doubt to sustain Sciaraffa’s conviction for dealing in methamphetamine.

Opinions April 6, 2015

April 6, 2015
Indiana Court of Appeals
Demetrius L. Grant, and Vickie O. Grant v. The Bank of New York Mellon Trust Co.
Mortgage foreclosure. Reverses and remands a grant of summary judgment in favor of Bank of New York Mellon Trust Co., and remands with instructions to dismiss the case. By refiling a suit that had been dismissed under Trial Rule 41(E) for failing to prosecute, the bank violated the rule and the doctrine of res judicata, since dismissal under T.R. 41(E), unless otherwise specified, operates as a judgment on the merits and dismissal with prejudice. 

Opinions April 2, 2015

April 2, 2015
Indiana Court of Appeals
Nicholas A. Rushlow v. State of Indiana (mem. dec.)
Criminal. Affirms convictions and sentence for Class A felony attempted murder and Class C felony criminal recklessness.

Opinions April 1, 2015

April 1, 2015
United States of America v. Christian J. Miller, Frank Jordan, and Joshua N. Bowser
14-1237, 14-1585, and 14-1592
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Affirms judgments against defendants for various criminal charges, including wire fraud, racketeering, and conspiracy to distribute cocaine. Bowser’s case is remanded for further consideration of the term of his supervised release authorizing suspicionless searches.

Opinions March 31, 2015

March 31, 2015
Indiana Court of Appeals
Berthal O. Williams and Patricia Williams v. The Indiana Rail Road Company
Civil collection. Reverses summary judgment in favor of the Indiana Rail Road Company on the Williamses’ attempt to enforce a 1901 indenture regarding a dam on their property. Concludes the indenture was a covenant running with the land, that the terms set forth in the indenture required IRR to maintain the dam and the water level at a specific depth, and that it contained a covenant, perpetual in nature, that did not cease upon a prior breach. Remands for further proceedings.

Opinions March 30, 2015

March 30, 2015
Indiana Court of Appeals
In re: Indiana State Fair Litigation: Polet, et al. v. Mid-America Sound, et. al.
Civil tort. Majority reverses trial court order granting summary judgment in favor of the Indiana State Fair Commission on Mid-America Sound’s claim that its contract requires the commission to indemnify it against claims from the 2011 State Fair stage collapse that killed and injured patrons. The majority held the Indiana Tort Claims Act does not apply and there are genuine issues of material fact regarding the validity and enforceability of the indemnification agreement. Remands for trial. Chief Judge Nancy Vaidik dissented and would find the commission has immunity from Mid-America’s claims and that the Tort Claims Act applies.

Opinions March 27, 2015

March 27, 2015
Indiana Court of Appeals
Jimmy Wallen, Jr. v. State of Indiana

Criminal. Affirms conviction of theft, a Class D felony. Splits over question of whether jury instruction invaded the role of the jury by presuming the state had established Wallen knowingly intended to deprive Walmart of its property. Finds jury instruction error harmless because the jury could have concluded from the evidence alone that Wallen had shoplifted.

Opinions March 26, 2015

March 26, 2015
Indiana Supreme Court
First American Title Insurance Company v. Stephen W. Robertson, Insurance Commissioner of the State of Ind., in his Official Capacity, on Behalf of the Ind. Dept. of Insurance
Civil plenary. Grants rehearing to delete the first clause in third footnote. Agreed its reversal of the denial to dismiss First American’s petition appears to be inconsistent with its affirming the concerns about the timeliness of the commissioner of the Indiana Department of Insurance’s hearing order and First American’s failure to exhaust administrative remedies.


Opinions March 25, 2015

March 25, 2015
Indiana Supreme Court
Dustin E. McCowan v. State of Indiana
Criminal. Affirms murder conviction, finding that a proposed jury instruction rejected by the judge regarding presumption of innocence had been sufficiently covered by other jury instructions and proceedings. States that prospectively, it is the absolute right of every criminal defendant to receive the following jury instruction, if requested: “The presumption of innocence continues in favor of the defendant throughout the trial. You should fit the evidence to the presumption that the defendant is innocent if you can reasonably do so.”

Opinions March 24, 2015

March 24, 2015
Indiana Supreme Court
Drakkar R. Willis v. State of Indiana
Criminal. Reverses conviction of Class A misdemeanor criminal trespass, finding the evidence insufficient to sustain the conviction.

Opinions March 23, 2015

March 23, 2015
Indiana Court of Appeals
Jerome Seward v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of felony murder but vacates the convictions and sentences for  reckless homicide and battery, which placed him in double jeopardy. The aggregate 62-year sentence remains because sentences for the vacated offenses were to be served concurrently.

Opinions March 20, 2015

March 20, 2015
Indiana Supreme Court
In the Matter of Dennis Alan Howell
Certified question from the United States Bankruptcy Court for the Northern District of Indiana. Determines that spouses and children need not be the debtor’s dependents for policy exemptions to apply in life insurance policies involved in a bankruptcy estate.

Opinions March 19, 2015

March 19, 2015
Indiana Court of Appeals
Indiana Alcohol and Tobacco Commission v. Lebamoff Enterprises, Inc.
Miscellaneous. Reinstates and affirms the ATC’s final order sanctioning Lebamoff Enterprises for using a common carrier to deliver alcohol to customers. ATC’s interpretation of the relevant statutory authority was reasonable and its order did not reflect an improper attempt to create an agency rule, but rather was a proper exercise of the ATC’s adjudicatory function. Remands with instructions.

Opinions March 18, 2015

March 18, 2015
Indiana Supreme Court
Ball State University v. Jennifer Irons; In Re the Marriage of: Jennifer Irons and Scott Irons
Domestic relation. Reverses trial court’s order granting mother’s motion to join supplemental defendant, Ball State, and order release of transcript. Mother has not carried her burden in demonstrating that Ball State was a necessary party under Trial Rule 19. Remands with instructions to enter an appropriate order dismissing Ball State from this action.

Opinions March 17, 2015

March 17, 2015
Indiana Tax Court
Blue Chip Casino, LLC v. LaPorte County Treasurer, and LaPorte County Convention & Visitors Bureau
Tax. Dismisses the casino’s appeal of the LaPorte County treasurer’s failure to respond to its request for a refund of innkeeper’s tax that it paid to the treasurer between January 2007 and August 2009 for lack of subject matter jurisdiction. All pending motions are hereby deemed moot.

Opinions March 16, 2015

March 16, 2015
Indiana Court of Appeals
Redevelopment Commission of the Town of Munster, Indiana v. Indiana State Board of Accounts and Paul D. Joyce, State Examiner of State Board of Accounts
Civil plenary. Affirms summary judgment in favor of the state Board of Accounts. Holds the commission had standing to bring its declaratory judgment and the trial court did not err in determining that Indiana statute does not permit the use of TIF funds for the continued maintenance of completed redevelopment projects.

Opinions March 13, 2015

March 13, 2015
7th Circuit Court of Appeals
United States of America v. Jackie H. Richardson
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Affirms denial of motion to dismiss the federal prosecution against Richardson. Holds that Richardson’s speedy trial right under the Sixth Amendment was not violated. Judge Hamilton concurs in separate opinion.

Opinions March 12, 2015

March 12, 2015
Indiana Supreme Court
Indiana Restorative Dentistry, P.C. v. The Laven Insurance Agency, Inc. and ProAssurance Indemnity Co., Inc. F/K/A the Medical Assurance Co., Inc.
Civil plenary. Affirms summary judgment against IRD regarding Laven’s contractual duty to procure full coverage. Reverses summary judgment regarding Laven’s duty to advise. Holds that the designated evidence supports conflicting inferences on whether the parties enjoyed a special relationship that created a duty to advise. As for the implied contract to procure full coverage, holds that the record does not show any discussion between the parties on the matter, much less a meeting of the minds. Remands for further proceedings.
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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.