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Opinions Dec. 19, 2014

Indiana Court of Appeals
Christopher Duncan v. State of Indiana
09A05-1312-CR-613
Criminal. Reverses conviction of identity deception because the state did not prove that the name and birth date Duncan falsely gave to police belonged to a real person. Remands with instructions to vacate that conviction and sentence as well as the conviction and sentence for Class D felony pointing a firearm because of double jeopardy principles. Also remands for the court to reduce his resisting law enforcement conviction to a Class A misdemeanor due to double jeopardy principles.

T-Mobile settles ‘mobile cramming’ suit

For the second time in three months, Hoosiers who have a mobile phone may be eligible for a refund after T-Mobile USA Inc. settled a national lawsuit over “cramming” practices.

Woman committed UPL, forgery in divorce filing

A Marion County woman who forged a name and attorney number on a divorce filing had her criminal convictions upheld Friday by the Indiana Court of Appeals. The woman gave false attorney information because she didn’t want the litigant to have to watch a video about filing pro se.

Fired IDEM employee entitled to unemployment benefits

The Indiana Court of Appeals found a 25-year state employee did not breach a duty reasonably owed to her employer when she failed to meet monthly quotas because she thoroughly reviewed cases instead of quickly approving expenses.

Justices suspend Muncie City Court judge

The Indiana Supreme Court issued an order Thursday suspending Dianna L. Bennington, the Muncie City Court judge who faces 13 counts of misconduct.

Judge delays hearing on Indiana Nativity scene

A federal judge has delayed a hearing on a bid to remove a Nativity scene that's been erected each winter for more than a half-century on a southeastern Indiana county's courthouse lawn.

Opinions Dec. 18, 2014 ILD

Indiana Court of Appeals
Ind. Automobile Wholesalers Assoc., Inc., National Dealer Licence, Llc., et. al. v. Carol Mihalik, Comm. of the Ind. Securities Div. of the Ind. Sec. of State, et. al. (NFP)
02A03-1404-PL-119
Civil plenary. Affirms dismissal of complaint for declaratory judgment and injunctive relief against the state actors.

In Re the Termination of the Parent-Child Relationship of V.A. and A.A. v. Ind. Dept. of Child Services (NFP)
02A04-1405-JT-233
Juvenile.  Affirms termination of parental rights.

James D. Harral, Jr. v. State of Indiana (NFP)
79A05-1404-CR-192
Criminal. Affirms 11-year sentence for two counts of Class D felony operating a vehicle while intoxicated with a prior conviction and one count of Class B misdemeanor battery, with a sentencing enhancement for Harral’s admission he is a habitual substance offender.

Landon Harbert v. State of Indiana (NFP)
79A05-1312-CR-634
Criminal. Affirms conviction of Class D felony domestic battery.

Bennie Truth v. State of Indiana (NFP)
49A02-1405-CR-334
Criminal. Affirms conviction of Class D felony failure to register as a sex offender.

William Temple, Jr. v. State of Indiana (NFP)
33A01-1409-MI-373
Miscellaneous. Affirms dismissal of complaint due to failure to comply with I.C. 33-37-3-3.

Glenn A. Eads, Jr. State of Indiana (NFP)
15A04-1406-CR-271
Criminal. Affirms revocation of probation.

In Re the Adoption of K.M., Y.P. v. H.M. (NFP)
68A01-1406-AD-256
Adoption.  Affirms order granting stepmother’s petition to adopt K.M.

Timothy L. Hall v. State of Indiana (NFP)
02A05-1404-CR-183
Criminal. Affirms convictions of Class B and Class C felony sexual misconduct with a minor.

Michael Coleman v. State of Indiana (NFP)
49A02-1401-CR-1
Criminal. Affirms convictions of two counts of Class D felony intimidation, and one count of Class B misdemeanor disorderly conduct.

Brian Pierce v. State of Indiana (NFP)
48A02-1405-CR-324
Criminal. Affirms revocation of probation.

Daniel Camacho v. State of Indiana (NFP)
49A04-1405-CR-209
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.

Oluwaseyi Ojo v. State of Indiana (NFP)
49A04-1405-CR-240
Criminal. Affirms conviction of Class B misdemeanor criminal mischief and reverses conviction of Class B misdemeanor criminal recklessness. Remands for further proceedings.

Roger Berghs, Karen Berghs, and Rex Harris v. Planet Antares, Inc., Purco Corp., and Dana M. Bashor (NFP)
02A04-1312-PL-642
Civil plenary. Affirms finding for the franchisor on the Berghses’ lawsuit alleging breach of contract, breach of warranty and criminal deception and decision to not enter default judgment against the franchisor.

Terrance Greenwood, Jr. v. State of Indiana (NFP)
79A04-1406-CR-289
Criminal. Affirms sentence following guilty plea to Class D felony check fraud.

Brook McKee v. State of Indiana (NFP)
05A02-1406-CR-428
Criminal. Affirms sentence following guilty plea to Class D felony intimidation.

Charles S. Komyanek v. Sodexho Services of Indiana (NFP)
64A03-1407-CT-240
Civil tort. Affirms grant of summary judgment in favor of Sodexho Services.

Michael Vicars-Goings v. State of Indiana (NFP)
84A04-1405-CR-242
Criminal. Affirms sentence imposed following revocation of probation.

Larry White v. State of Indiana (NFP)
49A02-1405-CR-356
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Ron Petty v. State of Indiana (NFP)
34A04-1406-CR-279
Criminal. Affirms sentence following guilty plea to Class D felony domestic battery.

Phillip Gray v. The Palace, et al. (NFP)
49A02-1409-MI-614
Miscellaneous.  Affirms default judgment in favor of Gray and against the Palace and determination that damages were $103,069.58 plus interest.
 

Opinions Dec. 18, 2014

Indiana Supreme Court
Rodregus Morgan v. State of Indiana
49S02-1405-CR-325
Criminal. Vacates conviction of Class B misdemeanor public intoxication as the requirements for conviction under Indiana’s public intoxication statute have not been met. An objective reasonable person standard should be read into Indiana’s public intoxication statute when applying the term “annoys.” Under that reading, the statute is not unconstitutionally vague.

COA: Terminating guardianship is in child’s best interest

In a contentious guardianship case involving a child’s father and her former stepgrandmother, the Indiana Court of Appeals affirmed that the guardianship should be dissolved and the father should have custody of the child.

COA affirms convictions despite erroneously admitted testimony

The Indiana Court of Appeals has upheld a man’s convictions, including forgery and possession of a firearm by a serious violent felon, after finding the errors by the trial court in admitting certain testimony were harmless beyond a reasonable doubt.

New trial ordered after expert testimony improperly excluded

A couple who brought a products liability claim against a ladder manufacturer and the store that sold the ladder are entitled to a new trial after the 7th Circuit Court of Appeals found the magistrate judge should not have struck their expert witness’s testimony. The couple lost their case as a result of the judge’s decision.

New trial ordered after expert testimony improperly excluded

A couple who brought a products liability claim against a ladder manufacturer and the store that sold the ladder are entitled to a new trial after the 7th Circuit Court of Appeals found the magistrate judge should not have struck their expert witness’s testimony. The couple lost their case as a result of the judge’s decision.

COA affirms East Chicago judge’s request for more money

An East Chicago City Court judge carried her burden to establish that the $65,000 in requested funds were reasonably necessary, the Court of Appeals held Thursday in affirming the grant of her mandate request. The appellate judges also decided the city court is entitled to appellate fees and expenses.

Judge rejects NCAA concussions deal

A federal judge in Chicago rejected a proposed $75 million class-action head injury settlement with the National Collegiate Athletic Association on Wednesday, portraying the deal as too unwieldy and potentially underfunded and urging both sides to go back to the drawing board.