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Justices halt ruling striking down right-to-work law

The Indiana Supreme Court on Friday put on hold a lower court judge's ruling striking down the state's right-to-work law and denied a request that it be consolidated with a similar case, clearing the way for the justices to hear arguments on the issue next week.

Note to readers

Indiana Lawyer Daily will not publish Sept. 1 in observance of the Labor Day holiday.

Opinions Aug. 29, 2014 ILD

Indiana Court of Appeals
Julianna Eagan, formerly Julianna Paciorkowski v. Christopher Paciorkowski (NFP)
20A03-1312-DR-493
Domestic relation. Affirms determination that daughter J.P. repudiated her relationship with her father so that he was no longer obligated to pay her educational expenses.

Julius J. Rice v. State of Indiana (NFP)
49A05-1311-CR-552
Criminal. Affirms convictions of Class B felony criminal confinement, Class D felony criminal recklessness and Class A misdemeanor battery.

John Palatas v. State of Indiana (NFP)
89A05-1403-CR-134
Criminal. Affirms aggregate 45-year sentence following guilty plea to several drug charges.

Calvin Turner v. State of Indiana (NFP)
48A04-1403-CR-96
Criminal. Affirms three-year aggregate sentence imposed for convictions of two counts of Class D felony theft.

Kalan Murphy v. State of Indiana (NFP)
71A03-1311-CR-433
Criminal. Affirms conviction of Class C felony battery with a deadly weapon.

Bruce Johnson-El v. State of Indiana (NFP)
09A02-1302-PC-270
Post conviction. Affirms denial of motion to correct error.

Herman Gehl, II v. State of Indiana (NFP)
59A01-1401-PC-12
Post conviction. Affirms denial of petition for post-conviction relief.

Colby R. McKnelly v. State of Indiana (NFP)
30A05-1307-CR-378
Criminal. Affirms convictions and sentence for murder and Class C felony battery with a deadly weapon. Remands to correct an error in the abstract of judgment.

Charles E. Justise, Sr. v. Indiana Department of Correction (NFP)
49A05-1309-PL-462
Civil plenary. Affirms dismissal of complaint for failure to pay filing fees.

Quenton D. Davis v. State of Indiana (NFP)
02A05-1401-CR-28
Criminal. Affirms conviction of Class D felony domestic battery.

Jeffrey Elkins v. State of Indiana (NFP)
28A01-1404-CR-166
Criminal. Affirms sentence following guilty plea to Class D felony attempted theft.

Johnnylee Sims v. State of Indiana (NFP)
71A05-1403-CR-98
Criminal. Affirms conviction of Class C felony burglary.
 

Opinions Aug. 29, 2014

Indiana Court of Appeals
C.H. v. State of Indiana
49A02-1310-JV-904
Juvenile. Affirms officer’s stop of C.H. because he was believed to be a suspect in a crime and the order of restitution because C.H. never objected to the order he pay restitution. Reverses adjudication of what would be Class B misdemeanor unlawful entry of a motor vehicle because the same evidence was used to adjudicate C.H. of that charge and what would be Class A misdemeanor trespass. Remands for further proceedings.

Teen has 1 adjudication overturned, must still pay restitution

A teenager adjudicated as delinquent after it was determined he was in a stolen car was able to convince the Indiana Court of Appeals to reverse one of his adjudications due to double jeopardy. But, the teen must still pay restitution to the victims of his crimes.

Man waited too long to ask for return of cash bond

Although the trial court was not statutorily authorized to retain a man’s cash bond in 2005, the Indiana Court of Appeals affirmed the denial of his motion to release the bond because he waived his argument.

Judges order new rape trial based on inadmissible evidence

Because a detective’s testimony that a man on trial for committing rape was also a suspect in another case likely had a prejudicial impact on the jury finding the man guilty, the Indiana Court of Appeals ordered a new trial.

COA affirms reduction of incarcerated father’s child support obligation

A trial court did not abuse its discretion by reducing a father’s child support and arrearage to an absolute minimum level after he requested review of his obligation, the Indiana Court of Appeals affirmed Friday. The man, who is incarcerated, claimed the court did not consider his income or needs when making the reduction.

Opinions Aug. 28, 2014 ILD

Indiana Court of Appeals
Nightingale Home Healthcare, Inc. v. Carey Helmuth and Physiocare Home Healthcare, LLC
29A04-1403-PL-121
Civil plenary. Affirms summary judgment in favor of Helmuth and Physiocare Home Healthcare LLC, in which the trial court concluded that Helmuth’s 10-day break in employment with Nightingale served as the starting point of his limited non-competition and non-disclosure agreement.

Ryan Worline v. State of Indiana (NFP)
49A02-1312-CR-1041
Criminal. Affirms conviction and sentence for murder.

In the Matter of the Termination of the Parent-Child Relationship of: D.S. (Minor Child) and T.S. (Mother) v. The Indiana Department of Child Services (NFP)
02A05-1401-JT-37
Juvenile. Affirms termination of parental rights.

David K. Asiedu v. State of Indiana (NFP)
30A01-1311-CR-486
Criminal. Reverses convictions of Class D felonies fraud and theft, and Class C felony forgery. Remands for further proceedings. Judge Friedlander dissents.

Mitchell Mulnix v. State of Indiana (NFP)
49A02-1402-CR-71
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

In re the Involuntary Termination of the Parent-Child Relationship of: A.K. & H.K. (minor children) and A.K. (Mother) v. The Indiana Department of Child Services (NFP)
19A01-1403-JT-145
Juvenile. Affirms termination of parental rights.

Monisha Rhodes v. State of Indiana (NFP)
49A02-1312-CR-1068
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Roger Long v. Advanced Pain Management (NFP)
79A04-1312-CC-503
Civil collection. Reverses denial of Long’s motion to dismiss pursuant to Ind. Trial Rule 41(E). Remands for further proceedings. Judge Bradford dissents.

Daryl Gilbert v. State of Indiana (NFP)
49A02-1401-CR-37
Criminal. Affirms convictions of murder and Class B felony possession of a firearm by a serious violent felon.

 

COA: Break in employment triggered non-compete agreement

A man who joined a competitor immediately after his employment ended at another company did not violate a non-compete agreement, the Indiana Court of Appeals ruled Thursday. The judges agreed that a 10-day break in employment with the prior employer two years earlier constituted the beginning of his non-compete agreement, and his new job falls outside that two-year non-compete restriction.

PACER removes older 7th Circuit case files

Closed cases filed before 2008 in the U.S 7th Circuit Court of Appeals have been removed from the PACER online database, as have older records from several other federal courts.

Opinions Aug. 27, 2014 ILD

Indiana Court of Appeals
Thomas Walter Gorski v. State of Indiana (NFP)
03A04-1404-CR-148
Criminal. Affirms 28-year aggregate sentence for Class B felony neglect of a dependent resulting in serious bodily injury and attempted dealing in a narcotic drug as a Class B felony.

Cohen & Malad, LLP v. John P. Daly, Jr., Golitko & Daly, P.C. and Golitko Legal Group, P.C. (NFP)
29A02-1308-PL-741
Civil plenary. Affirms that Cohen & Malad is not due quantum meruit compensation from John Daly and Golitko & Daly after Daly took 24 cases with him when he left Cohen & Malad and joined Golitko & Daly.

Jaro Mayda II v. Melinda D. Barnette (NFP)
34A05-1403-CC-101
Civil collection. Affirms order granting Barnette’s motion to dismiss Mayda’s complaint against her alleging fraud, defamation and failure to repay a loan purportedly established by oral agreement.

Latoya C. Lee v. State of Indiana (NFP)
49A02-1310-CR-867
Criminal. Grants rehearing, but declines to reverse conviction of Class B felony attempted aggravated battery.

Layne L. Dellamuth and Anita M. Dellamuth v. Ken's Carpets Unlimited, Inc. d/b/a Carpets Unlimited (NFP)
74A01-1404-CC-165
Civil collection. Affirms summary judgment in favor of Carpets Unlimited on its complaint against the Dellamuths for failure to pay a balance owed on an account.

Evanston Insurance Company and Markel Corporation v. Samantha Meeks Family Practice, Inc., Samantha Meeks, and George Edwin Grant, et al. (NFP)
33A01-1401-PL-32
Civil plenary. Reverses and remands with instructions to deny the summary judgment motion of Meek’s and her practice and grant the summary judgment motion of Evanston Insurance and Markel Corp. over whether a policy was in effect when Meeks made her claim.  

Frank Blythe v. State of Indiana (NFP)
49A02-1312-CR-1061
Criminal. Affirms convictions of Class B felonies dealing in a narcotic drug and dealing in a controlled substance.

 

Opinions Aug. 27, 2014

7th Circuit Court of Appeals
Kenneth Owen Scrogham v. Carolyn W. Colvin, acting commissioner of Social Security
13-3601
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Tanya Walton Pratt.
Civil. Reverses denial of application for disability benefits and remands for further proceedings. The administrative law judge’s methodology was flawed in several respects. Three logical errors – overstating the significance of Scrogham’s daily activities, overreliance on his rehabilitative efforts as proof of his fitness for full-time work, and misinterpreting the significance of his extensive treatment – had a material effect on the ALJ’s credibility and residual functional capacity assessments.