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Opinions Jan. 21, 2015 ILD

Wednesday’s opinions
Indiana Court of Appeals
Sandra Elaine Lappin v. Anthony Alex Timmerman (NFP)
86A03-1407-PL-229
Civil plenary. Reverses summary judgment in favor of Timmerman on his motion to dismiss Lappin’s complaint that he not be allowed to participate in an HVAC business in violation of the parties’ covenant not to compete. Remands for further proceedings.

Karen K. Hardison v. State of Indiana (NFP)
87A01-1407-CR-293
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.

Sally Brodie v. Viking Development, LLC (NFP)
46A03-1311-CC-442
Civil collection. Affirms award of summary judgment to Viking Development on its claim against Brodie, as guarantor of a contract, for specific performance. Remands for a determination of reasonable appellate attorney fees.

Benjamin T. Haines v. State of Indiana (NFP)
90A02-1408-CR-545
Criminal. Affirms convictions of Class D felony resisting law enforcement, Class B misdemeanor reckless driving and Class B misdemeanor criminal mischief.

Julius Q. Armstead v. State of Indiana (NFP)
79A02-1403-CR-137
Criminal. Affirms sentence for Class B felony robbery.

 

Opinions Jan. 21, 2015

Indiana Court of Appeals
Sandra Elaine Lappin v. Anthony Alex Timmerman (NFP)
86A03-1407-PL-229
Civil plenary. Reverses summary judgment in favor of Timmerman on his motion to dismiss Lappin’s complaint that he not be allowed to participate in an HVAC business in violation of the parties’ covenant not to compete. Remands for further proceedings.

Court dismisses 11 property tax exemption appeals for lack of jurisdiction

Indiana Tax Judge Martha Wentworth dismissed the challenges brought by 11 cooperatives regarding the Indiana Board of Tax Review’s denial of their appeals after their property tax exemptions were revoked. The judge found the court lacks subject matter jurisdiction to hear the cases.

Woman agrees to testify against others in Indiana explosion

A woman charged in a deadly 2012 house explosion in Indianapolis agreed Tuesday to plead guilty to conspiracy to commit arson and testify against at least two other people in the fiery natural gas blast that damaged dozens of homes.

Opinions Jan. 20, 2015 ILD

Indiana Court of Appeals
Nathaniel E. Moffett v. State of Indiana (NFP)
90A02-1407-CR-467
Criminal. Affirms 50-year sentence for Class B felony attempted arson, Class C felony possession of a dangerous device by an inmate, Class A misdemeanor intimidation and for being a habitual offender.

Nathaniel J. Richardson v. State of Indiana (NFP)
34A02-1408-CR-564
Criminal. Remands for further proceedings to determine who decided that Richardson was not entitled to good-time credit for the period of in-home detention between January 2012 and January 2013, and whether that entity had authority to make that determination, recalculating credit time if necessary; determine whether Richardson was released on bond on March 6 or March 15, 2013, recalculating credit time if necessary; remove the 43 actual-days credit time from Richardson’s FD-61 sentence; and determine under which cause Richardson was serving in-home detention between March 2013 and March 2014, recalculating credit time if necessary.

Heather L. McDaniel v. State of Indiana (NFP)
12A05-1405-CR-223
Criminal. Affirms aggregate six-year sentence, with a total of five years executed at the Department of Correction and one year suspended to probation, following guilty plea to two counts of Class D felony causing serious bodily injury while operating a vehicle while intoxicated.

Roy Dale Weber v. State of Indiana (NFP)
73A01-1401-CR-8
Criminal. Affirms revocation of probation.

In the Matter of the Term. of the Parent-Child Relationship of C.W. & A.W. and J.W. v. The Ind. Dept. of Child Services (NFP)
06A01-1406-JT-240
Juvenile. Affirms termination of parental rights.

Ritchie Townsend v. State of Indiana (NFP)
49A02-1407-MI-462
Miscellaneous. Affirms denial of petition to expunge Townsend’s 1988 conviction for Class B felony criminal confinement.
 

Opinions Jan. 20, 2015

Indiana Court of Appeals
Jeri Good v. Indiana Teachers Retirement Fund
25A03-1408-MI-278
Miscellaneous. Affirms determination that Good was entitled to only six months of retroactive benefits from the Indiana Public Retirement System instead of a full year as Good sought. Indiana law limits an INPRS member to six months of retroactive retirement benefits. Rejects Good’s claims that she is entitled to additional retroactive benefits based on the theories of equitable estoppel, unjust enrichment and breach of fiduciary duty.

House committee to hear magistrate bills

Bills that would provide magistrates for three circuit courts in Southern Indiana are scheduled to be considered Jan. 21 by the Indiana House of Representatives Courts and Criminal Code Committee.

Woman loses claim for additional retroactive retirement benefits

A retired teacher is not entitled to an additional six months of retroactive retirement benefits from the Indiana Public Retirement System, the Indiana Court of Appeals held Tuesday. Indiana law limits an INPRS member to only six months of retroactive retirement benefits.

Opinions Jan. 19, 2015

The state and federal courts are closed Monday in observance of Martin Luther King Jr. Day.

Menard accused of witness tampering

The gritty legal battle between hardware store titan John Menard Jr. and Indianapolis power couple Steve and Tomisue Hilbert now includes this accusation: trying to buy off a witness.

Chicago law professor to give Valpo’s MLK lecture

A DePaul University College of Law professor, well-known as a scholar in the areas of employment and labor law and voting rights, will be the featured speaker at Valparaiso University Law School’s Martin Luther King Jr. Lecture Thursday.

ILAS annual fundraising campaign nearing goal

The Indianapolis Legal Aid Society is making a final push in its 2014 holiday dollar campaign, hoping to entice late donors and surpass the record amount donated during the 2013 effort.