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COA dismisses battery appeal as untimely

The Marion County man who challenged his sexual battery and battery convictions had his appeal dismissed sua sponte by the Indiana Court of Appeals because his appeal was untimely.

Judges reject man’s Department of Toxicology claims

The Indiana Court of Appeals upheld the denial of the motion by a man charged with drunken driving to exclude any evidence or testimony from the state Department of Toxicology. The court rejected his argument that there were no rules or regulations on the books regarding the newly created department.

Justices decline to take Holiday World dispute

The Indiana Supreme Court will let stand the ruling that the widow and children of the late William Koch Jr. can keep their shares in the southern Indiana theme park Holiday World and Splashin’ Safari. The justices declined transfer to the legal dispute which arose in the Koch family following Will Koch’s death.

Same-sex marriage amendment passes Senate

The resolution seeking to ban same-sex marriage in the Indiana Constitution passed the Senate Monday, meaning the soonest voters may have a say in the matter is 2016.

Opinions Feb. 17, 2014 ILD

Indiana Court of Appeals
David Buchanan v. Carol Buchanan (NFP) 
60A01-1304-DR-189
Domestic relation. Affirms property division and valuation of certain property in decree of dissolution.

Aaron M. Fellows v. State of Indiana (NFP)
82A01-1305-CR-244
Criminal. Affirms convictions of Class A felony burglary resulting in bodily injury and Class B felony attempted robbery resulting in bodily injury.

Jose G. Alejandro v. State of Indiana (NFP)
20A03-1306-CR-224
Criminal. Affirms conviction and sentence for attempted murder.

Dominique Brisker v. State of Indiana (NFP)
48A04-1307-CR-337
Criminal. Affirms revocation of probation.

William Mosher v. Haesuk Yi Mosher (NFP)
43A05-1305-GU-286
Guardianship. Affirms dismissal of William Mosher’s petition for guardianship of his incapacitated adult daughter for lack of jurisdiction.

$2,500.00 In Lawful United States Currency, 2002 Chevrolet Avalanche, and 1970 Chevrolet El Camino (Demarco D. Hawkins) v. State of Indiana, et al. (NFP)
82A01-1307-MI-326
Miscellaneous. Reverses order granting forfeiture of the Avalanche and El Camino that were seized when Hawkins was arrested for suspicion of dealing in marijuana.

Sonia Long v. City of Logansport, Building Commissioner (NFP)
09A04-1305-PL-249
Civil plenary. Affirms summary judgment in favor of the city of Logansport requiring Long to comply with a previous order issued by the city to raze a building she owns.

Jason Tye Myers v. Charles R. Deets III, Deets & Kennedy, and Great American Insurance Group (NFP)
79A02-1306-CT-521
Civil tort. Affirms grant of Charles Deets III’s motion to dismiss and grant of Great American Insurance Group’s motion for summary judgment on Myers complaints against them.

Christopher Smith v. State of Indiana (NFP)
49A04-1306-CR-301
Criminal. Affirms convictions of Class B felony burglary, Class B misdemeanor criminal mischief and determination Smith is a habitual offender.

Lori Harrold v. L & D Mailmasters (NFP)
93A02-1306-EX-564
Agency action. Affirms order of the Worker’s Compensation Board denying Harrold’s application for adjustment of her workers’ compensation claim.

James Christian Warner v. State of Indiana (NFP)
03A01-1305-CR-212
Criminal. Affirms conviction of Class C felony attempted inmate fraud.

Barnard Lockett v. State of Indiana (NFP)
49A02-1307-CR-653
Criminal. Affirms revocation of community corrections placement.

Michael R. Jent v. State of Indiana (NFP)
02A05-1304-PC-217
Post conviction. Affirms denial of petition for post-conviction relief.

Travis Smith v. State of Indiana (NFP)
49A05-1307-CR-316
Criminal. Affirms Smith’s convictions of Class B felony failure to stop after an accident resulting in serious bodily injury while intoxicated and Class B misdemeanor failure to stop after an accident resulting in damage to property other than a vehicle, vacates his habitual offender enhancement and remands the case for further proceedings.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals is closed Monday in observance of Presidents Day.

 

Opinions Feb. 17, 2014

Indiana Court of Appeals
Rakiea McCaskill v. State of Indiana
49A02-1306-CR-480
Criminal. Reverses conviction of Class A misdemeanor intimidation. The state did not provide sufficient evidence to prove beyond a reasonable doubt that McCaskill committed Class A misdemeanor intimidation as charged. The state did produce sufficient evidence that McCaskill committed Class B misdemeanor harassment. Remands to the trial court with instructions to vacate McCaskill’s judgment of conviction for intimidation and to enter a judgment of conviction for McCaskill for Class B misdemeanor harassment.

NIPSCO loses appeal of reinstatement of driving privileges

The Northern Indiana Public Service Company was unable to convince the Indiana Court of Appeals that a lower court erred when it reinstated the driving privileges of two people who had been involved in car accidents that damaged NIPSCO’s property.

COA: Woman’s conduct is harassment, not intimidation

The Indiana Court of Appeals reversed a woman’s misdemeanor intimidation conviction stemming from her communications with the wife of her baby’s father. The court held that the state was unable to prove she committed intimidation as charged.

Man’s 10-year cocaine sentence upheld by 7th Circuit

The 7th Circuit Court of Appeals rejected a defendant’s argument that the drugs seized at his home with a warrant following his arrest should have been excluded from determining his sentence after the District judge ruled the warrant was invalid.

Judges: No credit time for repeatedly violating supervised release

In a case of first impression for the 7th Circuit Court of Appeals, the court agreed with its fellow Circuit courts that prior time served for violations of supervised release is not credited toward nor limits the statutory maximum a court may impose for subsequent violations of supervised release pursuant to 18 U.S.C. Section 3583(e)(3).

Opinions Feb. 14, 2014 ILD

Indiana Court of Appeals
Michael D. English v. State of Indiana (NFP)
45A04-1306-CR-322
Criminal. Affirms sentence for Class D felony trespass and Class A misdemeanor possession of marijuana.

Joseph Curnutt v. State of Indiana (NFP)
33A01-1304-CR-173
Criminal. Affirms convictions and sentence for Class B felony battery, Class D felony battery and admission to habitual offender status.

Baldev R. Saini v. Review Board of the Indiana Department of Workforce Development and Integrity Staffing Solutions I (NFP)
93A02-1308-EX-723
Agency action. Affirms decision that Saini is ineligible for unemployment benefits.

Donald W. Esco v. State of Indiana (NFP)
45A03-1304-CR-138
Criminal. Affirms denial of motion to suppress.

Andrew Wallace v. State of Indiana (NFP)
49A04-1306-CR-304
Criminal. Affirms convictions of Class D felony domestic battery, two counts of Class D felony battery on a child with injury, and status as a habitual offender, but reverses the sentence as it violates I.C. 35-50-1-2(c). Remands for resentencing consistent with the opinion.

David Lewicki v. State of Indiana (NFP)
48A02-1305-CR-426
Criminal. Affirms sentence for Class A felony robbery, Class B felony criminal confinement, Class C felony battery and for being a habitual offender.

Thomas W. Demeester v. Rebecca Demeester (NFP)
71A05-1305-DR-228
Domestic relation. Affirms determination husband dissipated marital assets so as to justify a deviation from the presumptive equal division of marital property. Reverses portion of the order requiring husband to pay 93 percent of the child’s primary and educational expenses and remands with instructions to reconsider the parties’ responsibilities for the educational expenses or to clarify the basis for its decision in that regard.

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 Feb. 14, 2014

Indiana Court of Appeals
Teaching Our Posterity Success, Inc. v. Indiana Department of Education and Indiana State Board of Education
49A05-1308-PL-386
Civil plenary. Reverses dismissal of Teaching Our Posterity Success’ petition for judicial review challenging a decision by the Department of Education and State Board of Education to remove TOPS from its list of approved supplemental educational services providers. Remands to the DOE for the entry of statutorily mandated findings and conclusions to accompany its final order regarding TOPS.

Southern District testing inclusion of links in documents

The U.S. District Court for the Southern District of Indiana announced this week that it is beginning a pilot program that will let the court and attorneys include active hyperlinks within e-filed and court-issued documents.

COA finds dismissal of judicial review petition not warranted

Noting that the Indiana Supreme Court has been divided on this issue – but will take it up soon – the Indiana Court of Appeals has held that it could review the dismissal of a petition for judicial review even though the company filing the petition did not file a complete, certified agency record.

Opinions Feb. 13, 2014 ILD

Indiana Court of Appeals
Detrick L. Brown v. State of Indiana (NFP)
02A05-1309-CR-455
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.

Duane Fry v. State of Indiana (NFP)
49A02-1306-CR-544
Criminal. Affirms convictions of Class B felony burglary and Class A misdemeanor criminal mischief.

Elgin Lamont Hoyle v. State of Indiana (NFP)
45A04-1307-CR-363
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a narcotic drug.

Andrew T. Stout v. State of Indiana (NFP)
62A01-1305-CR-222
Criminal. Affirms denial of motion to withdraw guilty pleas for Class B felony burglary and Class D felony theft.

Wabash County Hospital Foundation, Inc. d/b/a Wabash County Hospital and Carole Riley v. Hai Lee (NFP)
85A04-1306-CT-291
Civil tort. Affirms denial of appellants’ motion to dismiss for lack of subject-matter jurisdiction.

Charles Poling v. Property Owners Insurance Company (NFP)
27A02-1307-PL-585
Civil plenary. Affirms denial of Poling’s request to amend his complaint for a second time and dismissal of the Poling’s lawsuit.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

Opinions Feb. 13, 2014

Indiana Supreme Court
Brian Yost v. Wabash College, Phi Kappa Psi Fraternity- Indiana Gamma Chapter at Wabash College, Phi Kappa Psi Fraternity, Inc., and Nathan Cravens
54S01-1303-CT-161
Civil tort. Reverses grant of summary judgment for the campus fraternity but affirms summary judgment for the college and national fraternity organization in the personal injury action brought by a fraternity pledge seeking damages for injuries sustained in an incident at the Phi Kappa Psi fraternity house. Holds that the designated evidence shows that there is no genuine issue as to any material fact and that Wabash College and the national fraternity, Phi Kappa Psi Fraternity, Inc., are each entitled to summary judgment as a matter of law, but that as to the local fraternity, Phi Kappa Psi Fraternity – Indiana Gamma Chapter at Wabash College, there remain genuine issues of material fact that preclude summary judgment. Justice Rucker concurs in part and dissents in part. Remands for further proceedings.

Woman’s convictions are crimes of violence, justifying sentence

The Indiana Court of Appeals agreed with the state Thursday that a woman’s Class D felony drunken-driving convictions are considered “crimes of violence” under Indiana law, so there was no error when the trial court imposed a seven-year consecutive sentence.

Wabash fraternity must face alleged hazing-injury claim

A freshman pledge’s personal-injury claim resulting from what he alleged was a hazing incident at Wabash College may proceed against the campus fraternity, and he may seek compensatory and punitive damages, the Indiana Supreme Court ruled Thursday, overturning lower court rulings.