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Opinions June 12, 2015

Indiana Supreme Court
The following opinion was issued after IL deadline Thursday.
In the Matter of the Adoption of Minor Children: I.B. and W.B.: B.B. v. B.C. and J.L., and Indiana Department of Child Services
82S05-1502-AD-63
Adoption. Reverses trial court adoption petition in favor of maternal grandmother B.C. that had been affirmed by the Court of Appeals. Justices overturned a COA ruling that I.C. § 31-19-11-1(c)(15), which disqualifies certain felons from adoption, is unconstitutional. The law is constitutional because its prohibitions are rationally related to the classifications they draw, the court ruled. The case is remanded to the trial court to reconsider the petition in view of the absolute statutory bar to B.C. adopting.

Appeals court sets aside conviction of bin Laden assistant

A federal appeals court on Friday set aside the military commission conviction of a Guantanamo Bay detainee who allegedly produced an al-Qaida recruiting video and served as Osama bin Laden’s personal assistant and public relations secretary.

Justices strip adoption, reinstate statute COA struck down

An adoptive maternal grandmother who the Court of Appeals ruled provided care in her grandchildren’s best interests despite a 1997 neglect conviction is legally barred from adopting them, the Indiana Supreme Court ruled. Justices also rebuked a COA determination that the statute was unconstitutional as applied.

Opinions June 11, 2015 ILD

Indiana Court of Appeals
Ian James Dutton v. State of Indiana (mem. dec.)
42A01-1407-CR-325
Criminal. Affirms convictions of Class B felony dealing in a schedule II controlled substance and Class D felony maintaining a common nuisance.
 
Indiana Office of Utility Consumer Counselor v. Southern Indiana Gas and Electric Company, d/b/a Vectren Energy Delivery of Indiana, Inc. (mem. dec.)
93A02-1409-EX-668
Agency action. Affirms determination by the Indiana Utility Regulatory Commission that Vectren is not obliged to reduce its rate recovery for certain infrastructure improvements based on the value of assets it retires from service.

Eric L. Davis, Sr. v. State of Indiana (mem. dec.)
71A03-1410-PC-374
Post conviction. Affirms denial of petition for post-conviction relief.

Keith Brown v. State of Indiana (mem. dec.)
49A02-1411-CR-774
Criminal. Affirms conviction and sentence for felony murder.

Michael Nance v. Ron Neal (mem. dec.)
46A04-1409-MI-460
Miscellaneous. Affirms denial of petition for writ of habeas corpus.

Gary Wilson v. State of Indiana (mem. dec.)
79A02-1410-PC-694
Post conviction. Affirms denial of petition for post-conviction relief.

Jody Meredith v. State of Indiana (mem. dec.)
48A05-1411-CR-544
Criminal. Affirms restitution order after conviction of Class D felony theft.
 

Opinions June 11, 2015

Indiana Court of Appeals
Michael R. Bixeman and Doreen Bixeman v. Hunter's Run Homeowners Association of St. John, Inc.
45A03-1411-PL-406
Civil plenary. Affirms trial court ruling that the sanction imposed by Hunter’s Run on the Bixemans’ was invalid because the homeowners association did not give the couple the required 10 days notice as outlined in the homeowners’ covenants. Reverses denial of the Bixemans’ claim of slander of title because Hunter’s Run knew the lien placed on their home was invalid but refused to release it. Remands for determination whether the couple was damaged by the slander of title, and if so, to what extent, as well as to enter findings on attorney fees.

Judges split over whether to reinstate jury verdict

The Indiana Court of Appeals ordered a jury verdict, tossed out by the trial court in a negligence case stemming from a car accident, reinstated because the judge did not follow Trial Rule 59(J). The dissenting judge believed the trial court should have the opportunity to supplement its order first.

COA finds homeowners association committed slander of title

The Indiana Court of Appeals ruled in favor of an Iowa couple, finding the homeowners association where the couple lived and subsequently rented out their home committed slander of title. The homeowners association recorded a lien against their home after finding the couple did not comply with the covenant’s requirements when leasing their home.

Renewed fight expected over Indiana abortion clinic rules

Indiana's push to place tougher restrictions on a Lafayette Planned Parenthood clinic that provides abortions only by using drugs, not surgery, could spark a new court fight under a revised law set to take effect in July.

Nominating Commission names 3 finalists

The next Indiana Court of Appeals judge will be Marion Superior Judge Robert R. Altice Jr., Wabash Superior Judge Christopher M. Goff or Patricia McMath of the Marion County Public Defender Agency. They are the three finalists that the Indiana Judicial Nominating Commission selected Wednesday after holding interviews most of the day.

Opinions June 10, 2015 ILD

Indiana Court of Appeals
David Williamson v. State of Indiana (mem. dec.)
49A05-1408-CR-381
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Jesse Jesus Pineda, Sr. v. State of Indiana (mem. dec.)
45A03-1409-CR-340
Criminal. Affirms aggregate 15-year sentence for two counts of Class C felony child molesting.

David Burnett v. State of Indiana (mem. dec.)
49A02-1409-CR-674
Criminal. Affirms 60-year sentence for murder and Class A misdemeanor carrying a handgun without a license.

Sharla C. Williams v. TradeWinds Services, Inc., Board of Directors of TradeWinds Services, Inc., Jon Gold in his individual capacity and official capacity (mem. dec.)
45A03-1406-CT-202
Civil tort. Dismisses Williams’ appeal finding she forfeited her right to appeal by not adhering to Indiana Appellate Rule 9.

Wayne Bell and Linda Bell v. Ice River Springs Kentland, LLC (mem. dec.)
56A04-1410-PL-478
Civil plenary. Reverses summary judgment for Ice River on the Bells’ complaint that the company breached its duty of care to Wayne Bell when he fell on ice in its parking lot. Remands for further proceedings.

Gary Wright v. State of Indiana (mem. dec.)
49A02-1410-CR-693
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

Michael Sidelinger v. State of Indiana (mem. dec.)
06A05-1411-CR-543
Criminal. Affirms revocation of probation.

John Lane-El v. State of Indiana (mem. dec.)
33A01-1410-MI-451
Miscellaneous. Affirms denial of petition for writ of habeas corpus.
 

Opinions June 10, 2015

7th Circuit Court of Appeals
Michael A. Miller v. St. Joseph County, et al.
14-2989
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Rudy Lozano.
Civil. Affirms dismissal of Miller’s lawsuit claiming he had been discriminated against because he’s African-American. There is no evidence that the denial of his requests to fill two spots considered promotions were based on his race and he always retained his status as sergeant and same pay and benefits when he began working in the property room.

COA reverses blanket exclusion for testimony of eavesdropping officers

In a split decision, the Indiana Court of Appeals decided on interlocutory appeal that a trial court should not have issued a blanket exclusion order preventing all of the officers who eavesdropped on a defendant’s conversation with his attorney from testifying in any matter in the case.

Hussmann to retire from Southern District

U.S. District Court Magistrate Judge William G. Hussmann Jr. has announced plans to retire Jan. 31, 2016, opening another vacancy in the Indiana federal judiciary.