Justices remove Judge Kimberly Brown from bench
The Indiana Supreme Court Tuesday afternoon removed Marion Superior Judge Kimberly Brown from the bench. Brown had been on paid suspension since Jan. 9 pending final discipline.
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Opinions March 4, 2014 ILD
Indiana Court of Appeals
Jermaine Christopher Scott v. State of Indiana (NFP)
45A05-1307-CR-344
Criminal. Affirms conviction of Class B felony burglary.
Randy L. Madewell v. State of Indiana (NFP)
41A05-1305-CR-254
Criminal. Affirms convictions and sentence for three counts of Class D felony home improvement fraud and three counts of Class B misdemeanor home improvement fraud.
Marcus Pernell v. State of Indiana (NFP)
49A04-1307-CR-345
Criminal. Affirms conviction of Class C felony battery and remands with instructions for the trial court to enter a correct abstract of judgment.
The following Indiana Court of Appeals opinions were posted after IL deadline Monday:
Tanya R. Dawson v. State of Indiana, City of Indianapolis, and Indianapolis Metropolitan Police Department (NFP)
49A02-1308-MI-716
Miscellaneous. Affirms denial of motion for summary judgment in an action filed by the state, city of Indianapolis and the IMPD for forfeiture of Dawson’s 2000 Chevy Tahoe.
Federal Home Loan Mortgage Corporation v. Janice M. Stern (NFP)
82A04-1306-MF-282
Mortgage foreclosure. Reverses summary judgment in favor of Stern in the instant mortgage foreclosure action. Remands for further proceedings.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions March 4, 2014
Indiana Court of Appeals
Commonwealth Land Title Insurance Company v. Stephen W. Robertson, Insurance Commissioner of the State of Indiana, et. al.
49A04-1302-PL-84
Civil plenary. Affirms trial court order upholding an administrative order that Commonwealth take certain actions to cure its violations of the Rate Statute, the Unsafe Business Practices Statute and the Gross Premium Tax Statute. Concludes that substantial evidence supports the IDOI’s determination that Commonwealth violated the statutes and that the cures imposed by the IDOI for Commonwealth’s violations of these statutes are authorized by the Cure Statute.
COA affirms cures imposed for title insurance company’s statutory violations
The Indiana Court of Appeals found nothing wrong in the trial court’s decision to uphold the Indiana Department of Insurance’s order that found a title insurance company violated several statutes and outlined what the company must do to cure its violations.
Funeral Friday for former IPAC leader
The funeral for Stephen Johnson, the attorney who led the Indiana Prosecuting Attorneys Council for nearly 15 years, will be held Friday in Indianapolis.
6th annual law firm food drive kicks off
The 6th annual March Against Hunger food drive – a friendly competition among law firms to raise food and monetary donations – has started and runs through March 31.
U.S. Attorney honored for work on Durham trial
A 25-year veteran of the U.S. Attorney’s Office in the Southern District of Indiana has received the Director’s Award from the Executive Office of United States Attorneys for his work on the Tim Durham trial.
Indianapolis announces short list for creating justice complex
The city of Indianapolis Tuesday morning announced three development groups that will be invited to submit proposals for a new criminal justice complex.
Judge’s pending retirement leaked in clerk applicant’s letter
News of Indianapolis-based 7th Circuit Court of Appeals Judge John Tinder’s retirement about a year from now came in a way he didn’t expect. And while he won’t be hearing cases in real life afterward, he may be available to play a judge on TV if the opportunity arises.
Penn High School takes home its first state Mock Trial trophy
Soon after the Penn High School Mock Trial team was crowned the 2014 state champions, the congratulatory messages on Twitter and other social media began. The students were praised and called an "inspiration." Penn secured its first Indiana Mock Trial championship by defeating long-reigning state champion, John Adams High School of South Bend.
Indianapolis legal community saddened by death of beloved priest
The Rev. Thomas Murphy, a member of the Indianapolis legal community who left the practice of law to become a priest, died Friday after a long battle with Parkinson’s disease.
Former head of Indiana Prosecuting Attorneys Council dies
Stephen Johnson, the former executive director of the Indiana Prosecuting Attorneys Council, passed away unexpectedly Sunday. Johnson was with the organization for nearly 40 years before retiring in 2011.
Former head of Indiana Prosecuting Attorneys Council dies
Stephen Johnson, the former executive director of the Indiana Prosecuting Attorneys Council, passed away unexpectedly Sunday. Johnson was with the organization for nearly 40 years before retiring in 2011.
Indianapolis to host ALJ midyear conference
The National Association of Administrative Law Judiciary’s Midyear Conference is coming to Indianapolis April 6 – 8. This is the first time the city has hosted the event.
Opinions March 3, 2014 ILD
Indiana Court of Appeals
Shearece M. Love v. State of Indiana (NFP)
02A04-1308-CR-400
Criminal. Affirms conviction of Class B felony robbery.
In Re the Involuntary Termination of the Parent-Child Relationship of D.D. and J.D.: D.H. (Mother) and J.P.D. (Father) v. The Indiana Department of Child Services (NFP)
18A02-1307-JT-657
Juvenile. Affirms termination of parental rights.
Suzanne Throgmartin v. Wilson S. Stober and Christopher E. Clark (NFP)
49A02-1307-CT-656
Civil tort. Reverses order granting Stober’s and Clark’s motion for summary judgment and denial of Throgmartin’s motion to correct error pertaining to the summary judgment entered on her legal malpractice claim.
Cornell Johnson v. State of Indiana (NFP)
71A03-1308-CR-321
Criminal. Affirms convictions of Class D felony maintaining a common nuisance and Class B felony dealing in cocaine.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.C., Minor Child, and his Father, M.C., M.C. v. Indiana Department of Child Services (NFP)
49A02-1308-JT-671
Juvenile. Affirms termination of parental rights.
Timothy J. Tkachik v. State of Indiana (NFP)
45A05-1308-CR-417
Criminal. Affirms sentence following guilty plea to two counts of Class A felony neglect of a dependent.
Dawn Jackson v. State of Indiana (NFP)
29A02-1308-CR-711
Criminal. Affirms convictions of 11 counts of Class D felony counterfeiting.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions March 3, 2014
Indiana Court of Appeals
Joseph and M. Carmen Wysocki v. Barbara A. and William T. Johnson, both individually and as Trustees of the Barbara A. Johnson Living Trust
45A03-1309-CT-385
Civil tort. Affirms denial of the Wysockis’ request for attorney fees and additional damages under the Indiana Crime Victims Relief Act. The Wysockis were not victims of the criminal offense of fraud because the Johnsons were not charged with that crime in relation to the sale of the house, much less convicted of it in a court of law. In the absence of such a conviction, the CVRA does not apply.
Couple not entitled to attorney fees under Crime Victims Relief Act
The Indiana Court of Appeals has affirmed that a Lake County couple who won a fraudulent misrepresentation judgment against the previous owners of the couple’s home are not entitled to certain fees under the Indiana Crime Victims Relief Act.
COA: Trial court is wrong to order shareholders to pay attorney fees
In a case that stems from a failed transaction in 2000 to purchase an event-decorating company, the Indiana Court of Appeals has reversed the order that shareholders of a corporation are liable for attorney fees on a wrongful stop-payment claim.
Panther racing sues over sponsor deal
Indianapolis-based Panther Racing Inc. is suing Rahal Letterman Lanigan Racing, IndyCar and others, alleging it lost a $17.2 million sponsorship with the Army National Guard because of bid-rigging and other improprieties. IBJ.com has more.
Indiana Supreme Court awards more than $232,000 in grants to counties
The Indiana Supreme Court has awarded $232,470 in grant money to 23 counties to support local family court projects. Since the Family Court project began in 1999, the Supreme Court had distributed more than $3 million in “seed money” to support family court projects.