Indiana Court Decisions – Aug. 6 to 19, 2014
Read recent appellate decisions involving Indiana cases.
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Rush takes oath as chief justice in understated event
Choosing an intimate but profound setting in the Indiana Supreme Court Law Library to take the oath Aug. 18 as the state’s first female chief justice, Loretta Rush said the history in the tomes spoke volumes to her.
Nothing boring about board games
Attorneys find the more traditional style of gaming is a good way to take a break from work and focus on friends.
Members of the Class of 2017 start law school
About 872 people are expected to begin their legal studies this fall at law schools in Indiana.
Opinions Aug. 25, 2014 ILD
Indiana Court of Appeals
Amanda Kay (Albin) Brasseur v. Gregory Joseph Brasseur (NFP)
42A05-1402-DR-84
Domestic relation. Affirms in part, reverses in part and remands order on distributions of marital assets, holding the trial court abused its discretion in assessing the value of a mortgage encumbering the marital residence.
In the Matter of the Involuntary Commitment of G.M. v. Columbus Regional Hospital Mental Health Facility and Dr. Michael Stark (NFP)
03A01-1312-MH-533
Mental health. Affirms order of involuntary commitment.
Karla Hart v. Douglas Kaderabek, M.D. (NFP)
49A02-1312-PL-1036
Civil plenary. Affirms summary judgment in favor of Douglas Kaderabek, M.D.
Tiandre Harris v. State of Indiana (NFP)
49A04-1401-CR-45
Criminal. Affirms conviction of murder.
Holly Richardson v. Med-1 Solutions, LLC, as Agent for Deaconess Hospital (NFP)
82A04-1403-SC-109
Small claim. Affirms denial of motion to correct error.
Opinions Aug. 25, 2014
Indiana Supreme Court
Indiana Department of State Revenue v. Caterpillar, Inc.
49S10-1402-TA-79
Tax. Reverses judgment of the Indiana Tax Court in favor of Caterpillar, holding the company may not deduct foreign-source dividend income when calculating net operating losses based on plain statutory meaning. Caterpillar also did not meet its burden to prove the conclusion violated the Foreign Commerce Clause. Remands to the Tax Court with instructions to grant summary judgment in favor of the Department of Revenue.
Justices reverse Tax Court ruling favoring Caterpillar
The Indiana Supreme Court Monday reversed a Tax Court ruling that favored Caterpillar Inc., holding the company could not deduct foreign-source dividend income when calculating its net operating losses for the years 2000 through 2003 for Indiana tax purposes.
Indiana IOLTA expected to benefit from Bank of America settlement
Indiana’s Interest on Lawyers’ Trust Account program is expecting to receive a portion of the federal government’s historic multi-billion-dollar settlement with Bank of America, bringing a much-needed influx of funds to the program that has suffered dramatic declines in revenues as a result of the economic recession.
Negative drug test, prior accusations don’t change molester’s convictions
The Indiana Court of Appeals Monday affirmed the child molesting convictions and 30-year sentence of a man who claimed he was prejudiced because the trial court declined to admit a drug test from the victim showing she had no marijuana in her system.
Purdue balks at use of its brand in panned film
Purdue University officials are asking their legal counsel to look into a new movie that makes frequent references to the school despite its refusal to grant permission to use official trademarks and logos.
Opinions Aug. 22, 2014 ILD
Indiana Court of Appeals
Michael W. Cash v. State of Indiana (NFP)
15A01-1402-CR-94
Criminal. Affirms revocation of probation.
Cleveland Walker v. State of Indiana (NFP)
02A03-1312-CR-508
Criminal. Dismisses as untimely filed a motion to correct erroneous sentence.
Erik A. Lenning v. Wendy K. Short (NFP)
49A02-1312-DR-1009
Domestic relation. Affirms order of custody in favor of Wendy K. Short.
Corey A. Craig v. State of Indiana (NFP)
48A04-1311-PC-568
Post conviction. Affirms denial of post-conviction relief.
Tiese Smith v. State of Indiana (NFP)
49A02-1312-CR-1066
Criminal. Affirms conviction of Class A misdemeanor prostitution and Class C misdemeanor public nudity.
Jihand Johnson v. State of Indiana (NFP)
49A02-1401-CR-6
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
Elias Terrazas v. Alfonso Menchaca (NFP)
45A03-1309-PL-382
Civil plenary. Affirms in part, reverses in part and remands. Majority affirms judgment in favor of Menchaca on his counterclaim and denial of Terrazas’ request for attorney fees. Reverses determination that Terrazas was entitled to set off half the rent collected after June 2010 against the judgment in favor of Menchaca. Remands to the trial court to correct the amount of judgment in favor of Menchaca and to calculate post-judgment interest owed ot Terrazas. Judge Paul Mathias dissents from the majority conclusion that the agreement between Menchaca and Terrazas is enforceable and from the majority conclusion that Terrazas should not receive credit in the amount of half the rental income Menchaca received.
Sammie L. Booker-El v. State of Indiana (NFP)
48A02-1312-CR-1012
Criminal. Dismisses appeal of child-molesting convictions as an unauthorized successive petition for post-conviction relief.
In Re the Termination of the Parent-Child Relationship of Jac.B., Je.B., Jam.B., M.H., and A.B. (Minor Children) and B.B. (Mother) v. Indiana Department of Child Services (NFP)
33A01-1401-JT-40
Juvenile. Affirms termination of parental rights.
Eddie T. Crider v. State of Indiana (NFP)
79A02-1401-CR-11
Criminal. Affirms denial of a motion to withdraw a guilty plea on a charge of Class A felony dealing in cocaine.
Opinions Aug. 22, 2014
Indiana Tax Court
Indianapolis Racquet Club, Inc. v. Marion County Assessor
49T10-1201-TA-1
Property tax. Affirms Indiana Board of Tax Review finding that Indianapolis Racquet Club Inc. failed to establish a prima facie case that its 2002 assessments were excessive or that they were not uniform and equal.
Counsel’s conflict, misconduct bar class certification in tax sale suit
A federal judge cited an attorney’s conflict of interest, misconduct and relative inexperience in rejecting his bid to certify a class in a lawsuit over costs of redeeming property after tax sales.
Tax Court affirms racquet club assessments
The Indiana Tax Court affirmed 2002 property tax assessments of the Indianapolis Racquet Club Thursday.
NCAA files intent to appeal O’Bannon decision
The NCAA has notified the 9th U.S. Circuit Court of Appeals that it intends to appeal a judge's ruling in the Ed O'Bannon case that it violated antitrust laws.
2 attorneys to argue for same-sex marriage before 7th Circuit
In a rare move, two attorneys will share the podium and argue before the 7th Circuit Court of Appeals that Indiana’s law defining marriage as only between one man and one woman is unconstitutional.
Judge apologizes for remarks some found offensive
A northeastern Indiana judge apologized Thursday for saying at a public retirement reception for court staff members that one of the female retirees could have a second career as a phone-sex operator.
Opinions Aug. 21, 2014 ILD
Indiana Court of Appeals
Darryll Beamon v. State of Indiana (NFP)
49A05-1312-CR-632
Criminal. Reverses conviction of Class D felony theft and remands for resentencing on Beamon’s conviction of resisting law enforcement.
Latorrea D. Ware v. State of Indiana (NFP)
20A03-1401-CR-18
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class D felony maintaining a common nuisance.
John Naylor v. State of Indiana (NFP)
31A01-1301-PC-4
Post conviction. Affirms denial of pro se petition for post-conviction relief.
Antonio D. Rose v. State of Indiana (NFP)
45A03-1312-PC-478
Post conviction. Affirms denial of petition for post-conviction relief.
Kurnie Nickson v. State of Indiana (NFP)
48A02-1307-CR-658
Criminal. Affirms convictions of two counts of battery – one as a Class C felony for being committed by means of a deadly weapon and one as a Class A misdemeanor for resulting in serious bodily injury. Reverses sentence because it is inappropriate and remands for resentencing.
Darryl J. Goodwin v. State of Indiana (NFP)
18A05-1309-CR-468
Criminal. Affirms conviction and sentence for two Class C felony counts of stalking and Class D felony residential entry.
Leonard Abshier, III v. State of Indiana (NFP)
82A05-1401-CR-19
Criminal. Affirms revocation of probation.
Megan Renea Mecum v. State of Indiana (NFP)
82A04-1401-CR-4
Criminal. Affirms convictions of murder, Class D felony theft, Class A misdemeanor invasion of privacy and Class C felony conspiracy to commit robbery.
David Jones v. State of Indiana (NFP)
49A02-1312-CR-1032
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
John Watson v. State of Indiana (NFP)
49A02-1312-CR-1025
Criminal. Affirms murder conviction.
Opinions Aug. 21, 2014
Indiana Court of Appeals
James S. Littrell v. State of Indiana
79A02-1401-CR-24
Criminal. Affirms conviction of Class B felony possession of cocaine. Finds Littrell’s right to a fast and speedy trial was not violated, the evidence is sufficient to support his conviction, and his sentence is appropriate. Remands for the sole purpose of correcting a typographical error in the guilty plea and sentencing orders.
COA affirms man’s speedy trial request not violated
The Indiana Court of Appeals Thursday affirmed the 25-year sentence handed down to a man whose erratic driving led police to pull his vehicle over and discover cocaine on the passenger. The judges found his right to a fast and speedy trial was not violated and the evidence supports that he jointly possessed the cocaine.