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Opinions March 4, 2015 ILD

Indiana Court of Appeals
Erik Toombs v. State of Indiana (mem. dec.)
49A02-1408-CR-524
Criminal. Affirms conviction of Class D felony operating a vehicle as a habitual traffic violator.

Rodrick Hughes v. State of Indiana (mem. dec.)
49A02-1408-CR-562
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

In the Matter of the Termination of the Parent-Child Relationship of: H.A., B.A., and J.A. (Minor Children) and H.A. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)
53A01-1408-JT-338
Juvenile. Affirms termination of mother’s parental rights.
 

Opinions March 4, 2015

Indiana Court of Appeals
David Bisard v. State of Indiana
02A03-1312-CR-492
Criminal. Affirms convictions and sentence for Class B felony operating a vehicle with a BAC of 0.15 or higher causing death and two counts of Class D felony operating a vehicle with a BAC of more than 0.08 percent causing serious bodily injury. The trial court did not abuse its discretion in denying Bisard’s motion for a mistrial based upon issues relating to juror misconduct and the statement by the court that admitting testimony from Bisard regarding his drinking habits would open the door to a subsequent drunken-driving conviction did not amount to denial of due process.

Judges tweak offender’s amount of credit time awarded

A trial court incorrectly calculated the amount of credit for the time a man had served prior to the revocation of his probation as well as the sentence imposed after the revocation, the Indiana Court of Appeals ruled.

Ex-IMPD officer’s convictions upheld in 2010 fatal accident

Former Indianapolis Metropolitan Police Department officer David Bisard, convicted of drunken-driving offenses after he struck three motorcyclists while responding to a non-emergency call, was not entitled to a mistrial based on juror misconduct issues, the Indiana Court of Appeals ruled Wednesday.

Tsarnaev’s lawyer admits client carried out Boston bombing

Dzhokhar Tsarnaev went on trial for his life Wednesday in the Boston Marathon bombing with his own lawyer bluntly telling the jury he committed the crime. But she argued that he had fallen under the influence of his older brother.

Opinions March 3, 2015 ILD

Indiana Court of Appeals
Carol Hanquier and Jose Hanquier v. Joseph Hall and Pekin Insurance (mem. dec.)
55A05-1408-CT-375
Civil tort. Reverses dismissal of the Hanquiers’ complaint against Hall and Pekin insurance. Remands for further proceedings.

Sidney Lamour Tyson v. State of Indiana (mem. dec.)
45A03-1405-CR-143
Criminal. Affirms denial of motion to dismiss Class D felony failure to register as a sex offender charge.
 
Elijah Moore v. State of Indiana (mem. dec.)
49A02-1408-CR-587
Criminal. Affirms convictions of felony murder and Class C felony attempted robbery.

 

Opinions March 3, 2015

Indiana Court of Appeals
Gordon A. Etzler v. Indiana Department of Revenue
50A04-1406-PL-285
Civil plenary. Reverses summary judgment in favor of the revenue department on Etzler’s complaint for breeder’s award funds. Because the judgment resulting from the department’s Marshall County tax warrant only creates a lien on property “in the county,” I.C. 6-8.1-8-2(e), and because the department did not take measures to establish a lien on property located in any other county, the department’s ability to levy on Dale Dodson’s property was limited to Marshall County. Etzler filed a valid UCC financing statement that perfected his interest in the breeder’s awards.

Justices take environmental contamination appeal

The Indiana Supreme Court took just one case on transfer last week, a case involving a dispute over coverage for environmental contamination. The Court of Appeals ordered a trial on whether the known loss doctrine would bar insurance coverage, but later found that the “known claim” exclusion applies.

COA finds man justly fired for violating sexual harassment policy

The Indiana Court of Appeals reversed the decision by an administrative law judge that a nurse was not fired for just cause. The COA noted surprise that the man’s claims he was joking when he made sexually inappropriate comments to co-workers led the ALJ to decide the actions did not amount to violation of his employer’s sexual harassment policy.

Man, not state, had priority in breeder’s award proceeds

A Marshall County trial court erred when it granted summary judgment in favor of the Indiana Department of Revenue on a man’s attempt to collect breeder’s award proceeds owed to another man who had outstanding tax warrants.

Cumberland ups ante in fight to save historic church

Cumberland officials are stepping up their efforts to stop a supermarket and convenience store chain from demolishing a historic church by hiring one of Indianapolis’ top real estate attorneys to argue their appeal.

US Supreme Court allows challenge to Colorado Internet tax

A unanimous Supreme Court ruled Tuesday that federal courts can hear a dispute over Colorado's Internet tax law, a decision that could lay the groundwork for future changes in how states can tax retail sales to companies outside their borders.

CASA Day at Statehouse set for Monday

Hundreds of Indiana court-appointed special advocates will gather Monday for CASA Day at the Statehouse in Indianapolis. The event will be at noon in the north atrium.

Opinions March 2, 2015 ILD

Indiana Court of Appeals
Stephen Wilbert v. State of Indiana (mem. dec.)
49A02-1408-CR-533
Criminal. Affirms convictions of Class C felony forgery and Class D felony theft.

In re the Marriage of: Dedra L. Fisher v. Terry L. Fisher (mem. dec.)
02A03-1407-DR-258
Domestic relation. Affirms the trial court determination on the issues of contempt, a property settlement agreement, and overpayment crediting. Reverses decision to not award attorney fees to wife. Remands for further proceedings.

 

Opinions March 2, 2015 ILD

Indiana Court of Appeals
Stephen Wilbert v. State of Indiana (mem. dec.)
49A02-1408-CR-533
Criminal. Affirms convictions of Class C felony forgery and Class D felony theft.

In re the Marriage of: Dedra L. Fisher v. Terry L. Fisher (mem. dec.)
02A03-1407-DR-258
Domestic relation. Affirms the trial court determination on the issues of contempt, a property settlement agreement, and overpayment crediting. Reverses decision to not award attorney fees to wife. Remands for further proceedings.

 

Opinions March 2, 2015

7th Circuit Court of Appeals
Mir S. Iqbal v. Tejaskumar M. Patel, et al.
14-1959
U.S. District Court, Northern District of Indiana, Hammond Division. Judge James T. Moody.
Civil. Reverses dismissal of Iqbal’s complaint for want of jurisdiction because it is barred by the Rooker-Feldman doctrine since it challenges state court judgment. Because he seeks damages for activity that (he alleges) predates the state litigation and cause injury independently of it, the Rooker-Feldman doctrine does not block his suit.

7th Circuit reinstates alleged racketeering lawsuit

The 7th Circuit Court of Appeals reversed the decision of a federal judge to dismiss a man’s lawsuit because it is barred by the Rooker-Feldman doctrine. A man who had his gas station foreclosed upon claimed the defendants acted in cahoots to defraud him out of his business.