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Opinions April 23, 2015 ILD

Indiana Court of Appeals
84A05-1405-CR-206 
Criminal. Affirms denial of motion for discharge under Ind. Criminal Rule 4(C) and denial of Ley’s motion to correct error requesting a new trial based on juror misconduct. 
 
49A04-1410-JV-457 
Juvenile. Affirms true finding that N.B. committed what would be auto theft as a Level 6 felony if committed by an adult. 
 
82A05-1408-CT-393 
Civil tort. Affirms grant of the defendant’s motion to strike Vaughn’s expert witness and the motion for summary judgment. 
 
10A05-1405-CR-234 
Criminal. Reverses conviction of Class D felony sexual battery and remands with instructions to enter the judgment as a Class B misdemeanor battery and resentence Underwood accordingly. 
 
49A02-1410-CR-710
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.  

Bank wins partial victory in suit stemming from overdraft fees

A bank being sued by customers over how it orders transactions – allegedly to maximize profits from overdraft fees – is entitled to summary judgment on most of the state claims alleged by customers in a class-action lawsuit, the Indiana Court of Appeals ruled Thursday.

Handgun properly admitted at juvenile’s hearing

A handgun discarded by a teen after seeing a marked police car – and later picked up by the officer who saw the teen throw the gun into a yard – was properly admitted at his delinquency hearing, the Indiana Court of Appeals affirmed.

Opinions April 23, 2015

J.B. v. State of Indiana 

49A02-1409-JV-688

Juvenile. Affirms determination that J.B. committed what would be Class A misdemeanor dangerous possession of a firearm if committed by an adult. There were no federal or state constitutional violations by admitting evidence obtained during J.B.’s encounter with a police officer.  

IU McKinney to directly admit top IUPUI undergrads

Indiana University Robert H. McKinney School of Law announced Thursday that it has instituted a new program that allows undergraduates at Indiana University-Purdue University Indianapolis to skip taking the LSAT and apply directly to the law school.

Advisory opinion issued about ex parte petitions for temporary custody

The Indiana Commission on Judicial Qualifications has issued an advisory opinion to judges in response to numerous ethical complaints about judges granting ex parte petitions for temporary custody in non-emergency cases or when there was no attempt to provide notice to the adverse party.

Justices rule in favor of Anthem in excess insurance disputes

Anthem Inc. is entitled to its costs of settling litigation in which the insurance giant was accused of improperly handling claims, the Indiana Supreme Court ruled Wednesday. The reinsurance companies argued that coverage was barred based on the excess insurance policies.

Monroe Circuit courts closed until April 26

Courts in Bloomington will be closed the rest of this week due to a plumbing backup that Monroe Circuit Court Presiding Judge Valeri Haughton said has created a health emergency.

Opinions April 22, 2015 ILD

Indiana Court of Appeals
Khamya Slayton v. State of Indiana (mem. dec.)
49A04-1410-CR-463
Criminal. Affirms conviction of Class A misdemeanor conversion and remands for the trial court to clarify its sentencing order.

Jamie Joe Hardy v. State of Indiana (mem. dec.)
09A02-1411-CR-797
Criminal. Affirms sentence following guilty plea to Class C felony child molesting and Class D felony dissemination of matter harmful to minors.

Cindy Brothers, As Personal Representative of the Estate of Kristopher Stately, Deceased, Alicia Arnold and Tiffany Arnold v. Lake Holiday Enterprises, Inc. (mem. dec.)
37A03-1410-CT-347
Civil tort. Reverses summary judgment in favor of Lake Holiday Enterprises in consolidated actions alleging wrongful death, negligence, emotional distress and other claims brought against Lake Holiday. Remands for further proceedings.

John E. Servies v. The Kroger Company (mem. dec.)
54A01-1408-PL-363
Civil plenary. Affirms judgment in favor of Kroger on Servies’ negligence complaint.

Mark Lax v. State of Indiana (mem. dec.)
71A04-1409-PC-417
Post conviction. Affirms denial of petition for post-conviction relief.

Robert Smith v. State of Indiana (mem. dec.)
49A05-1409-CR-440
Criminal. Affirms conviction of Class A felony dealing in cocaine.

In the Matter of the Termination of the Parent-Child Relationship of: A.G., M.G. v. Indiana Department of Child Services (mem. dec.)
79A02-1410-JT-701
Juvenile. Affirms termination of parental rights.

Switzer Farms v. Sylvia Switzer, as Trustee of the Frank E. Switzer Revocable Trust (mem. dec.)
86A04-1406-PL-292
Civil plenary. Reverses judgment for trust on Switzer Farm’s motion for declaratory judgment that it had leasehold rights to farmland owned by the trust. Remands for further proceedings.

Cody Boruff v. Tiffany Boruff (mem. dec.)
34A02-1412-DR-844
Domestic relation. Affirms decree of dissolution of marriage.

 

Opinions April 22, 2015

Indiana Court of Appeals
William I. Babchuk, M.D., P.C., d/b/a Babchuk Imaging, P.C., and William I. Babchuk v. Indiana University Health Tipton Hospital, Inc., d/b/a Indiana University Health Tipton Hospital
80A04-1409-PL-447
Civil plenary. Reverses order dismissing Babchuk’s complaint of breach of contract for failure to prosecute under Trial Rule 41(E).  While the trial court would have had discretion to dismiss Babchuk’s case for failure to prosecute had a timely motion been filed, the hospital did not file its motion to dismiss before Babchuk had resumed prosecution of his case. Remands for further proceedings.

Attorney did not breach any duty owed to Conour clients

An Indianapolis attorney who spent several years working in a firm with attorney William Conour satisfied his legal duty to clients of Conour based on his lack of knowledge of any specific wrongdoing by Conour related to the clients, the Indiana Court of Appeals ruled. Conour is currently in federal prison for stealing from client settlement funds.

Ball State students learn secrets behind cyber forensics

If any computers or smartphones were to be confiscated during the investigation of recent identity thefts at Ball State University, BSU instructor Vinayak Tanksale's students would know what to do before examining the evidence.

Hospital’s 41(E) motion not timely filed, rules COA

The Indiana Court of Appeals decided in a case of first impression that a hospital, which filed its Ind. Trial Rule 41(E) motion to dismiss on the same day the plaintiff resumed prosecution of the case, did not timely file its motion.

COA: Man can petition for sentence modification under new statute

The Indiana Court of Appeals decided Wednesday that a man sentenced in 2006 could petition for a sentence modification under a new 2014 statute that no longer required prosecutorial consent. But the judges decided that his petition for sentence modification should be denied.

Teen must pay restitution despite terminated probation

In a case of first impression, the Indiana Court of Appeals held that an Indianapolis teen is still required to pay restitution to the person he was involved in an auto accident with, even though the juvenile court discharged him from probation.