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Opinions July 19, 2012 ILD

7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
In Re the Marriage of Mary Lynn Manning and Ronald D. Manning, II; Ronald D. Manning, II v. Mary Lynn Manning (NFP)
86A04-1112-DR-669
Domestic relation. Affirms finding Ronald Manning in contempt for failing to reimburse Mary Lynn Manning for certain orthodontia expenses incurred by their child and affirms the order to produce certain tax returns.

Eric D. Smith v. D. Patton, Scott Fitch, Larry Bynum, and Correctional Medical Services, Inc. (NFP)
33A05-1109-PL-572
Civil plenary. Affirms denial of motion for relief from judgment in favor of the correctional officials and Correction Medical Services Inc.

In the Matter of the Paternity of: J.G.; R.W. v. D.G. (NFP)
49A05-1109-JP-537
Juvenile paternity. Affirms modification of father’s parenting time and order that R.W. pay a portion of father’s attorney fees.

Antwane Walker v. State of Indiana (NFP)
49A02-1112-PC-1173
Post conviction. Affirms denial of petition for post-conviction relief.
 

Opinions July 19, 2012

Indiana Court of Appeals
Bobby A. Harlan v. State of Indiana
84A01-1110-CR-474
Criminal. Affirms sentence imposed for two convictions of Class B felony child molesting and order that Harlan register as a sexually violent predator. The order requiring Harlan register as a SVP does not violate the ex post facto clause of the Indiana Constitution, the trial court did not abuse its discretion in the course of identifying aggravating and mitigating factors at sentencing, and his sentence is reasonable.

Southern District IFCD names new executive director

Criminal defense attorney Monica Foster has been chosen by the Indiana Federal Community Defenders Inc.’s board of directors as the agency’s new executive director in the Southern District of Indiana. Foster will replace Bill Marsh, who is retiring later this summer.

Judges send teen’s emotional distress case back to trial court

The Indianapolis teenager who saw his deceased mother’s remains being dragged out of their apartment on a mattress because she was extremely obese will have his claim for damages for intentional infliction of emotional distress against the coroner and city heard by the trial court.

Mother of man shot to death at Kroger files suit

The mother of an Indianapolis man fatally shot in December by a Kroger manager during what police determined was an attempted robbery is suing the supermarket chain for wrongful death.

Interviews for Supreme Court opening continue

The Indiana Judicial Nominating Commission continued interviews Wednesday with the 22 candidates vying to replace retiring Justice Frank Sullivan Jr. The interviews concluded around noon, and the commission will narrow the list this afternoon to those who will be interviewed a second time in August.

Tests not required to disprove arrestee intoxication

In a case of first impression, the Indiana Court of Appeals rejected a woman’s argument that the Indiana Code requires law enforcement personnel to evaluate if there could be other reasons a person is displaying signs of intoxication before arresting her for public intoxication.

Opinions July 18, 2012 ILD

7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Demarco Davis v. State of Indiana (NFP)
82A01-1109-CR-454
Criminal. Affirms conviction of Class B felony dealing in cocaine.

Curtis L. Bass v. State of Indiana (NFP)
84A01-1110-CR-473
Criminal. Affirms sentence imposed following guilty plea to two counts of Class B felony burglary and a subsequent order revoking community corrections placement and committing Bass to the DOC for six years.

In the Matter of M.W. and K.W.-N., Minor Children Alleged to be in Need of Services; M.W. v. Indiana Dept. of Child Services (NFP)
34A05-1201-JC-27
Juvenile CHINS. Affirms finding that children are in need of services.
 

Opinions July 18, 2012

Indiana Court of Appeals
Annette Pittman v. State of Indiana
49A02-1112-CR-1132
Criminal. Affirms conviction of Class B misdemeanor public intoxication. I.C. 12-23-15-2 did not require the arresting officer, or other law enforcement personnel elsewhere, to perform an evaluation so thorough as to eliminate all other possible causes for each of the symptoms of alcoholic intoxication that Pittman exhibited.

Judges send insurance case back to trial court

The Indiana Court of Appeals reversed the trial court’s grant of summary judgment in favor of an insurer in a dispute over whether it should pay a claim for underinsured motorist coverage.

State will appeal IBM ruling

The state is going to appeal Wednesday’s decision in Marion Superior Court that it pay IBM $52 million for ending early its billion-dollar contract with the company to update the state’s welfare system.

Comment needed on bankruptcy local rule changes

The United States Bankruptcy Court in the Southern District of Indiana is seeking comment on proposed amendments to its local rules. The changes include references to the local rules of the District Court.

State must pay $52M over terminated welfare contract

Marion Superior Judge David Dreyer has ordered the state to pay IBM an additional $12 million in early termination closeout payments and for equipment it retained after canceling a contract with IBM to implement a modernized welfare system. The judge previously ruled in January that the state was on the hook for $40 million in subcontractor assignment fees for terminating the contract.

Opinions July 17, 2012 ILD

The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

The Indiana Supreme Court Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals
Kenneth Simmons v. State of Indiana (NFP)
49A02-1108-CR-781
Criminal. Affirms conviction of Class B felony aggravated battery.

John Doe a/k/a mspbis123, a/k/a Stacy Palombo v. Eve Carson (NFP)
49A05-1201-PL-2
Civil plenary. Reverses denial of Palombo’s partial motion for summary judgment on Carson’s claim of defamation per se. Remands with instructions to enter an order consistent with this opinion.  

Jason E. Hough v. State of Indiana (NFP)
05A04-1107-CR-361
Criminal. Affirms convictions of three counts of Class A felony child molesting but reverses and remands with instructions with respect to Hough’s sentence.

Adrian Hardy v. State of Indiana (NFP)
18A02-1111-CR-1002
Criminal. Affirms convictions of Class B felony dealing in cocaine and Class D felony maintaining a common nuisance. Remands with instructions to correct the abstract of judgment.

Timothy Matson v. State of Indiana (NFP)
04A03-1112-CR-567
Criminal. Affirms denial of motion to correct erroneous sentence.

Larry C. Perry, Jr. v. State of Indiana (NFP)
02A05-1112-CR-635
Criminal. Affirms convictions of Class D felonies criminal confinement, strangulation, two counts of domestic battery, residential entry, and invasion of privacy; Class A misdemeanors interference with the reporting of a crime and resisting law enforcement; and adjudication as a habitual offender.

William M. Steele v. Daniel Callahan (NFP)
84A01-1110-SC-484
Small claim. Affirms denial of Steele’s motion to dismiss and denial of Callahan’s claim for attorney fees. The trial court properly found that inconsistencies in the 2008 and 2009 surveys conducted by Steele proximately caused Callahan and Riggs to incur costs related to the third survey by Myers. The trial court’s findings that Steele’s negligence proximately caused Callahan’s damages regarding the movement of the fence, the 2008 Steele survey, and his initial landscaping costs, were clearly erroneous. Remands with instructions.

Margaret Killion v. Jarrod Kendall, d/b/a Kendall Kontracting and Jarrod Kendall (NFP)
09A04-1109-CT-513
Civil tort. Affirms denial of Killion’s motion to correct error in the ruling that Kendall Kontracting and Kendall did not commit any fraud during Killion’s home improvement project.

In Re: the Paternity of T.P., R.L. and W.M. v. B.P. (NFP)
06A01-1202-JP-38
Juvenile paternity.  Affirms grant of father’s discovery protective order and finding that stepmother did not meet her burden to pursue third-party custody of T.P. Reverse the award of attorney fees.

In the Matter of the Term. of the Parent-Child Rel. of K.D., K.B., and B.Y.; and N.D., O.Y., and W.B. v. Indiana Dept. of Child Services (NFP)
50A05-1110-JT-568
Juvenile termination. Affirms involuntary termination of parental rights.

Garry Balthes v. Concept Industries, Inc., Composite Technologies, LLC, and Shawn Eshragh (NFP)
20A03-1111-CC-517
Civil collection. Reverses in part summary judgment and remands for further proceedings on the sole issue of Balthes’ promissory estoppel defense or claim and affirms in all other respects.

Robert Spears v. State of Indiana (NFP)
49A05-1103-PC-110
Post conviction. Affirms denial of petition for post-conviction relief.

Michael Berthiaume v. State of Indiana (NFP)
49A02-1111-CR-1018
Criminal. Affirms convictions of Class D felony strangulation and Class A misdemeanor battery.

Gregory Hensley v. State of Indiana (NFP)
49A05-1111-CR-605
Criminal. Affirms conviction of Class B felony criminal deviate conduct.

Omnisource Corporation v. David E. Lallow, James Niswonger, Sr., 3 Rivers Metal Recycling, LLC and J & D Real Estate, LLC (NFP)
02A05-1112-PL-627
Civil plenary. Reverses order granting defendants’ cross-motion for summary judgment in Omnisource’s action against Lallow, Niswonger, 3 Rivers Metal Recycling and J&D Real Estate for injunctive relief and damages.

Dellia Castile v. State of Indiana (NFP)
71A03-1112-CR-583
Criminal. Affirms trial court decision to not reduce bail.

Erik Morales v. State of Indiana (NFP)
10A01-1110-CR-554
Criminal. Affirms convictions of two counts of Class A felony child molesting and one count of Class A felony attempted child molesting.

Term. of Parent-Child Rel. of: Jo.L. (Minor Child), and J.L. (Mother) v. The Indiana Dept. of Child Services (NFP)
22A01-1111-JT-542
Juvenile termination. Affirms termination of parental rights.

Payroll Disbursement Account 2, Inc. v. Unemployment Insurance Appeals of the Indiana Dept. of Workforce Development (NFP)
93A02-1108-EX-878
Agency appeal. Affirms decision by liability administrative law judge affirming the determination of the department of workforce development that PDA 2 is a partial successor employer of Management 2000 Benefits Inc. for purposes of calculating its unemployment insurance tax contributions.

Term. of Parent-Child Rel. of: O.H. & J.M. (Minor Children), and C.H. (Mother) v. The Indiana Dept. of Child Services (NFP)
71A05-1112-JT-707
Juvenile termination. Affirms termination of parental rights.

Tracy Hertel v. State of Indiana (NFP)
71A03-1106-CR-244
Criminal. Affirms denial of motion to correct erroneous sentence.

In the Matter of the Term. of the Parent-Child Rel. of: E.M.R., and V.H. & M.R. v. The Indiana Dept. of Child Services (NFP)
71A03-1110-JT-494
Juvenile termination. Affirms termination of parental rights.
 

Clark County man waived right to appeal

A Southern Indiana man, as part of his plea agreement on child molesting charges, knowingly and voluntarily waived his right to challenge the propriety of his sentence on appeal, the Indiana Court of Appeals ruled.