Opinions July 19, 2011

July 19, 2011
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7th Circuit Court of Appeals
Dana Woods, et al. v. Commissioner of the Indiana Department of Corrections
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson
Civil. Affirms U.S. District Court’s finding that the Indiana Department of Correction policy preventing inmates from advertising for pen-pals and receiving materials from websites that allow persons to advertise for pen-pals is constitutional.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Mark McCann v. The City of Anderson, Indiana, and the Hon. Donald R. Phillippe
Civil plenary. Affirms summary judgment for the city of Anderson and Judge Donald Phillippe, holding McCann is not due any wages from the city court, as he was not an employee of the city court.

Douglas Cottingham v. State of Indiana
Criminal. Affirms trial court’s order that Cottingham, after admitting to a probation violation, serve the remainder of his sentence incarcerated for Class D felony operating a vehicle while intoxicated, endangering a person. Remands to the trial court because Cottingham is entitled to good time credit for his home detention.

Michael Sharp v. State of Indiana
Criminal. Affirms convictions of and sentence for Class A felony child molesting and Class C felony child molesting, holding that being named a credit-restricted felon does not guarantee a defendant will receive credit for time served, and that convictions on both charges did not violate double jeopardy standards, as each offense required additional proof not used to support the other offense.

Shane A. Schmidt v. State of Indiana
Criminal. Affirms conviction of and sentence for Class C felony criminal confinement, holding that there was sufficient evidence to support the conviction and Schmidt had not demonstrated his sentence was inappropriate.

Paternity of T.M.; B.M. v. S.K.
Juvenile paternity. Affirms trial court’s denial of father’s motion to set aside paternity affidavit and for DNA testing regarding paternity of his child, holding that a DNA test conducted independently by the father had not been consented to by both parents, and that the trial court had not abused its discretion in denying admissibility of that test.

Term. of Parent-Child Rel. of J.C., et al.; M.C. v. IDCS (NFP)
Juvenile termination of parental rights. Affirms termination of father’s parental rights.

Billy Raines v. State of Indiana (NFP)
Criminal. Affirms juvenile court’s waiver of jurisdiction to adult criminal court and subsequent order in adult criminal court denying dismissal and remand.  

Term. of Parent-Child Rel. of A.O. and C.O.; T.T. v. IDCS (NFP)
Juvenile termination of parental rights. Affirms termination of mother’s parental rights.

Paternity of A.G.; J.B. v. H.G. (NFP)
Juvenile paternity. Reverses and remands to the trial court to recalculate father’s post-secondary education contribution for A.G. Affirms court’s finding that father was not in contempt and therefore not liable to pay the mother’s attorney fees.

Richard Brooks v. State of Indiana (NFP)
Criminal. Affirms trial court’s denial of Brooks’ motion to suppress evidence from a vehicle search.  

Charles Farrell, III v. State of Indiana (NFP)
Criminal. Affirms conviction of felony murder.

Victor Rybolt v. State of Indiana (NFP)
Criminal. Affirms convictions of two counts of Class D felony invasion of privacy.

John L. Katzioris v. Martin Service, Inc., et al. (NFP)
Civil plenary. Affirms the denial of Katzioris’ motion for a status conference to determine whether the Court of Appeals decision in Martin Oil Mktg. Ltd. v. Katzioris, 908 N.E.2d 1183 (Ind. Ct. App. 2009), reh’g denied, resolved all of his claims.

Randy Swisher v. State of Indiana (NFP)
Post-conviction relief petition. Affirms denial of petition for post-conviction relief.

Term. of Parent-Child Rel. of B.M.; D.M. v. IDCS (NFP)
Juvenile termination of parental rights. Affirms termination of mother’s parental rights.

Daurrel Figgs v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony aggravated battery and two counts of Class B felony robbery while armed with a deadly weapon.

Paternity of A.A.; C.A., et al. v. J.B. (NFP)
Juvenile paternity. Affirms trial court’s order awarding custody of son to his father and court’s decision to change child’s surname.

Aaron Isby v. D. Gilstrap, et al. (NFP)
Civil tort. Affirms the trial court’s dismissal of Isby’s declaratory judgment action for failure to state a claim and affirms the trial court’s denial of Isby’s Trial Rule 60(B)(3) motion for relief from judgment based on fraud.

Eugene Lamar Robinson v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony criminal confinement.

Robert L. Clark, Jr., et al. v. Robert L. Clark, Sr. (NFP)
Civil tort. Reverses and remands summary judgment on Robert Clark, Jr., and wife Debra’s tort against Robert Clark, Sr., holding the couple’s claims are not precluded by the Indiana Guest Statute.

Alex Russell v. State of Indiana (NFP)
Criminal. Affirms the revocation of Russell’s probation and the imposition of the entire suspended sentence.

Indiana Tax Court had posted no opinions at IL deadline.


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