Indiana recouping more tobacco settlement money
Indiana is set to recoup some of the money it had lost in tobacco lawsuit payouts after an agreement was reached between Attorney General Greg Zoeller and tobacco companies.
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Opinions June 26, 2014, ILD
Indiana Court of Appeals
Rebecca Roberts v. State of Indiana (NFP)
03A01-1311-CR-498
Criminal. Affirms decision ordering Roberts to serve the entire previously suspended sentence following her probation violation.
Thomas Schultheis v. State of Indiana (NFP)
60A04-1311-CR-582
Criminal. Affirms conviction of Class D felony intimidation of a law enforcement officer.
E. Rodney Lewis Blair v. State of Indiana (NFP)
45A03-1311-CR-432
Criminal. Affirms denial of motion to withdraw guilty plea to Class B felony dealing in cocaine.
Desmond McGee v. State of Indiana (NFP)
49A05-1311-CR-555
Criminal. Affirms conviction of Class B misdemeanor battery.
Garry D. Jackson v. State of Indiana (NFP)
39A01-1310-CR-457
Criminal. Affirms conviction of Class A misdemeanor driving while intoxicated, finding Jackson is a habitual offender, and four-year prison sentence.
L.P. Richardson v. Eric Armstrong, Jonathon Postell, Tyrone Postell, Lambert Barnes (NFP)
49A02-1309-PL-826
Civil plenary. Affirms dismissal of Richardson’s complaint and award of attorney fees and court costs to Armstrong.
Shawn P. English v. State of Indiana (NFP)
02A03-1311-CR-457
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class D felony battery.
Rick Whipple v. State of Indiana (NFP)
29A02-1312-CR-1000
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline Thursday. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions June 26, 2014
Indiana Court of Appeals
Traci Nelson v. Tony Nelson
41A01-1309-DR-424
Domestic relation. Affirms order denying Traci Nelson’s motion to relocate and modifying custody of her child in favor of father Tony Nelson. Finds mother’s reasons for relocation were legitimate and in good faith and that the conclusion that the Relocation Statute factors disfavored relocation and merited a change in custody to father was not clearly erroneous.
Deed provisions are not vague, COA rules
Finding that the trial court erred in construing the provision of a plaintiff’s deed in a dispute over use of parking areas, the Indiana Court of Appeals reversed the finding of the existence of a prescriptive easement allowing dance academy customers to use portions of land owned by a neighboring company for ingress and egress from the academy’s property.
COA: Bank could charge back account after check is lost
A man who withdrew nearly all of the money in a bank account is personally liable to pay back that money to the bank, the Indiana Court of Appeals ruled Thursday. The bank had lost a check deposited into the account and the account holder was unable to help the bank identify the check writer to obtain a replacement check.
10th Circuit ruling pushes gay marriage closer to Supreme Court
The first ruling by a federal appeals court that states cannot prevent gay couples from marrying makes it more likely the Supreme Court of the United States will ultimately have to make a decision it has so far avoided — do states have the ability to prohibit same-sex marriage?
Some Indiana clerks refuse to issue same-sex marriage licenses
A federal judge’s ruling declaring Indiana’s ban on same-sex marriage unconstitutional doesn’t trump a clerk’s religious convictions in one county. Elsewhere, county clerks are being instructed that it’s up to them whether they issue licenses to gay couples.
Landlords timely delivered itemized damages notice to former tenants
The date a tenant provides her forwarding address to her landlord triggers the 45-day period the landlord has to deliver the itemized damages to the tenant, the Indiana Court of Appeals ruled Thursday.
COA affirms order that child should remain in Indiana with father
Although the trial court erred in concluding that a Johnson County mother did not relocate to South Carolina for legitimate reasons, the court correctly ordered her son to remain in Indiana with his father, the Indiana Court of Appeals held.
Church lacks standing to appeal order preventing erection of crosses on city property
An Evansville church that sought to display multiple six-foot-tall crosses along the city’s public Riverfront cannot appeal the court order that prevents the city from allowing the display, the 7th Circuit Court of Appeals ruled Wednesday.
Clark County loses request to impose excess property tax levy
Noting that the Clark County Council made the conscious decision to not levy the maximum amount of property taxes allowed by statute for the 2008 budget year, it cannot now claim that decision is somehow a data error that the Department of Local Government Finance could later correct, the Indiana Tax Court ruled Wednesday.
COA: Questions remain whether proper notice given after tax sale
The Indiana Court of Appeals, citing several questions of fact in a case involving a tax sale, affirmed denial of summary judgment for a mortgagee that sought to set aside the issuance of a tax deed.
Indiana attorney general appeals marriage ruling
The Office of the Indiana Attorney General is fighting Wednesday’s decision that overturned the state’s marriage law.
Indiana attorney general appeals marriage ruling
The Office of the Indiana Attorney General is fighting Wednesday’s decision that overturned the state’s marriage law.
Marriage ruling brings Indiana same-sex couples to the courthouse
Together more than eight years, Craig Bowen and Jake Miller finally got to say “I do.” The men made history June 25 when they became the first legally wed same-sex couple in Marion County. The pair went to the Marion County Clerk of the Court’s office shortly after a federal judge ruling the state’s ban on same-sex marriage was unconstitutional.
‘Get a warrant’ to search cellphones, justices say
In an emphatic defense of privacy in the digital age, a unanimous Supreme Court of the United States ruled Wednesday that police generally may not search the cellphones of people they arrest without first getting search warrants.
Opinions June 25, 2014 ILD
Indiana Court of Appeals
Centier Bank v. 1st Source Bank (NFP)
64A03-1309-MF-356
Mortgage foreclosure. Affirms summary judgment for 1st Source on its complaint to foreclose on a mortgage it held.
Braunel Mackey v. State of Indiana (NFP)
49A02-1310-CR-873
Criminal. Affirms 15-year sentence for Class B felony unlawful possession of a firearm by a serious violent felon.
Frederick Cashner, Sr. and Lucille Cashner v. Western-Southern Life Assurance Company (NFP)
64A04-1311-PL-555
Civil plenary. Affirms grant of motion for costs and attorney fees filed by Western-Southern Life Assurance Co. in a bad-faith action filed by the Cashners concerning the disbursement of proceeds from a life insurance policy.
Brian Earl Smith v. State of Indiana (NFP)
50A05-1308-CR-444
Criminal. Reverses denial of motion to withdraw guilty plea and remands for a hearing.
John A. Gall v. State of Indiana (NFP)
48A02-1309-CR-769
Criminal. Affirms revocation of probation.
In Re the Marriage of Russell C. Best and Mariea L. Best, Mariea L. Best v. Russell C. Best (NFP)
06A04-1401-DR-46
Domestic relation. Affirms enforcement of an October 2011 Mediated Agreed Entry, wherein the parties agreed that Russell Best would serve as guardian to 19-year-old daughter M.B., who has Down Syndrome.
Gwayne Slater v. State of Indiana (NFP)
49A02-1311-CR-987
Criminal. Affirms sentence for Class B felony possession of a firearm by a serious violent felon and Class A misdemeanor possession of marijuana.
In the Matter of the Civil Commitment of M.S. v. Gallahue Mental Health Services (NFP)
49A02-1311-MH-939
Mental health. Affirms temporary commitment order.
Ronald A. Manley v. State of Indiana and Bruce Lemmon, In his official capacity as Commissioner of the Indiana Department of Correction (NFP)
33A01-1310-MI-458
Miscellaneous. Affirms dismissal of Manley’s motion for a temporary injunction to exempt him from participating in the Indiana Sex Offender Management and Monitoring Program.
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 June 25, 2014
Indiana Tax Court
The Speedway Public Library v. Indiana Department of Local Government Finance
49T10-1103-TA-22
Tax. Affirms the Department of Local Government Finance’s final determination rejecting the appropriations and levies associated with the library’s 2011 budget and decision to reinstitute the appropriations and levies associated with the 2010 budget. Public notice of the town council’s Sept. 13 meeting was statutorily required.
COA orders hearing to determine juror bias against plaintiff
The Indiana Court of Appeals ruled that a trial court should have ordered an evidentiary hearing to determine whether a juror in an auto accident case was biased against the plaintiff instead of ordering a new trial regarding damages.
Court correctly denied petition to expunge felony conviction
The Indiana Court of Appeals, citing a recent expungement case involving a misdemeanor conviction, agreed with the rationale of that panel that if a person violates the terms of probation, that person did not successfully complete his sentence.