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Judges to tour Chicago-area justice centers
Marion Superior judges this week will visit two suburban Chicago criminal justice complexes as Indianapolis officials proceed with plans to build a jail and criminal courts complex west of the downtown mile square.
Opinions June 2, 2014 ILD
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
Opinions June 2, 2014
Indiana Court of Appeals
Brandon Brummett v. State of Indiana
49A02-1304-CR-378
Criminal. Reverses convictions of Class B and Class C felony child molesting and three counts of Class D felony sexual misconduct with a minor. The panel found the prosecutor’s continual misconduct constituted fundamental error that placed Brummett in grave peril. Remands for a new trial.
EA Sports to settle with NCAA athletes for $40 million
A $40 million settlement has been completed that will pay college football and basketball players dating to 2003 for the use of their likenesses in NCAA-branded video games made by Electronic Arts. The settlement does not include the Indianapolis-based NCAA. IBJ.com has more on the settlement.
Prosecutor’s ‘continual misconduct’ warrants new molestation trial
A man’s child molesting convictions were vacated and he was granted a new trial by the Indiana Court of Appeals, which found prosecutorial misconduct amounting to fundamental error. It’s the second reversal and remand attributable to the same prosecutor, the court noted.
Conour claims restitution paid, that he’s owed money
Former attorney and convicted fraudster William Conour has asked the federal court where he admitted he stole $6.5 million from dozens of wrongful-death and personal-injury clients to cut him a check for $184,214.26.
ACLU of Indiana to host discussion of government surveillance
A panel of experts next week will take a closer look at the devices that are taking a closer look at us.
Opinions May 30, 2014 ILD
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: O.V., Minor Child, J.V., Mother v. Indiana Department of Child Services (NFP)
71A03-1312-JT-499
Juvenile. Affirms involuntary termination of mother J.V.’s parental rights.
Brooke Tubbs v. State of Indiana (NFP)
48A02-1309-CR-771
Criminal. Affirms 18-month executed sentence and convictions of Class D felony operating a vehicle while intoxicated and Class A misdemeanor driving while suspended.
Charlie S. Hines III v. State of Indiana (NFP)
89A05-1307-CR-362
Criminal. Affirms convictions of two counts of Class B felony dealing cocaine.
Thomas H. Kramer, Member and Manager of Domus Property Investments, LLC v. Mark Kramer, and Domus Property Investments, LLC (NFP)
71A04-1305-PL-261
Civil plenary. Reverses trial court ruling that Mark Kramer violated a non-compete clause with regard to one rental property and finds that he violated those terms with regard to three properties. Remands for total judgment of $333,156 in Thomas Kramer’s favor. Affirms denial of legal fees and prejudgment interest for Thomas Kramer.
In Re the Marriage of: Michelle Schlotterback and Terry Schlotterback, Terry Schlotterback v. Michelle Schlotterback (NFP)
57A05-1306-DR-321
Domestic relation. Affirms denial of Terry Schlotterback’s motion to correct error relating to the division of the estate amassed during marriage and his motion to correct error with regard to the uninsured medical expenses of the parties’ children.
Dietrich D. Smith, Jr v. State of Indiana (NFP)
45A05-1401-CR-31
Criminal. Dismisses appeal over whether Smith’s pretrial and earned credit time was properly awarded by the Department of Correction because the record is inadequate to make a determination.
Ronald Buttermore v. State of Indiana (NFP)
48A05-1309-CR-472
Criminal. Affirms revocation of probation after convictions of Class C felony criminal confinement, Class D felonies battery, intimidation and strangulation, and Class A misdemeanors domestic battery and interfering with the reporting of a crime.
Raven McGinty v. State of Indiana (NFP)
46A05-1310- CR-500
Criminal. Affirms 45-year sentence for multiple felony convictions of child molestation and other sex crimes.
Alma Stanbary v. Madison-Jefferson County Library (NFP)
39A01-1312-CT-537
Civil tort. Affirms summary judgment in favor of the library.
Jeremiah Workman v. State of Indiana (NFP)
27A02-1312-CR-1020
Criminal. Affirms revocation of probation.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday.7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
Opinions May 30, 2014
Indiana Court of Appeals
In re the Paternity of V.A., (Minor Child), R.A. v. B.Y.
39A04-1310-JP-512
Juvenile. Affirms a special judge’s ruling that the judge who heard evidence remanded to the trial court from an earlier appeal should rule on the remanded issues, as required by Trial Rule 63(A). The panel rejected father R.A.’s objection claiming that his change-of-judge request trumps that rule, finding that the change-of-judge rule only applies prospectively, while Rule 63(A) operates retroactively to ensure that the remanded issues are considered by the judge who heard the evidence.
Admitting rifle into evidence not abuse of discretion, COA rules
Telling the jury that an assault rifle was found in the car of the defendant did not unduly prejudice the jurors, the Indiana Court of Appeals has ruled.
COA affirms remand to prior judge over father’s objection
A special judge appointed in a paternity case ruled correctly that matters in the case remanded by the Court of Appeals should be heard by the prior judge who heard the evidence, the appellate court held in a second appeal on the matter.
COA: Hip-replacement tort cases must be heard where implants were done
Plaintiffs from Mississippi and Virginia may not pursue litigation in Marion County over defective replacement hip devices manufactured in northern Indiana, the Court of Appeals ruled Friday.
Justifiable reason to stop driver enough to confirm subsequent conviction
Although a police officer began following a pick-up truck after he mistakenly ran the wrong license plate number, the driver’s conviction will stand because the officer did not initiate the stop until he observed the driver make a traffic violation.
180 lawyers suspended over CLE, fee or IOLTA violations
The Indiana Supreme Court on Thursday suspended 180 lawyers who failed to pay attorney registration fees, meet continuing legal education requirements or submit certification of Interest on Lawyer Trust Accounts.
Baker to mark 25 years on Court of Appeals
The longest-serving current judge on Indiana’s Court of Appeals will mark his 25th year on the appellate bench June 2.
Opinions May 29, 2014 ILD
Indiana Court of Appeals
Mauricio Reyes-Flores v. State of Indiana (NFP)
49A05-1310-CR-502
Criminal. Affirms convictions of Class C felony criminal recklessness and Class A misdemeanor domestic battery.
Lance Stover v. State of Indiana (NFP)
49A05-1310-CR-507
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.
Holly and Christopher Dunn, Holly and Benjamin Rothenbush, and Tomi and Michael Meyer v. Kathryn Davis and For the Children Medical Mission Foundation, Inc. (NFP)
02A03-1307-PL-269
Civil plenary. Affirms summary judgment to For the Children Medical Mission Foundation on breach of contract and fraud claims.
Anthony Flores v. Blake A. Hudson (NFP)
02A03-1307-PO-279
Protective order. Affirms dismissal of petition for the protective order sought against Hudson.
Ray A. Chamorro v. State of Indiana (NFP)
91A05-1309-CR-445
Criminal. Affirms murder conviction.
Danny Shane Claspell v. State of Indiana (NFP)
18A02-1310-CR-880
Criminal. Affirms conviction of Class C felony child molesting but reverses sentence and remands for it to be reduced to the advisory sentence of four years.
Dejuan D. Cox v. State of Indiana (NFP)
32A01-1310-CR-437
Criminal. Affirms conviction of Class B felony dealing in cocaine; reverses the sentencing order in part and remands for further proceedings.
Robert L. McFall v. State of Indiana (NFP)
62A05-1309-CR-446
Criminal. Affirms conviction of Class A felony dealing methamphetamine within 1,000 feet of a school. Remands for further sentencing proceedings on the charge of possession of paraphernalia.
Akeem Turner v. State of Indiana (NFP)
49A02-1310-CR-900
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.
Steven Sullivan v. State of Indiana (NFP)
49A02-1309-CR-750
Criminal. Affirms denial of petition to issue order terminating parole.
Gabriel Senteney v. State of Indiana (NFP)
49A02-1309-CR-818
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Latroya Rucker v. State of Indiana (NFP)
49A02-1311-CR-918
Criminal. Affirms order that Rucker pay $240 in restitution to the owner of the vehicle whose windshield she smashed.
Betty Woods v. State of Indiana (NFP)
49A02-1309-CR-805
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct but reverses conviction of Class A misdemeanor resisting law enforcement.
Dennis Knight v. State of Indiana (NFP)
71A03-1401-CR-40
Criminal. Affirms conviction of Class B felony robbery.
R.C. v. J.Q. (NFP)
49A04-1308-DR-425
Domestic relation. Affirms the trial court’s denial of father’s motion to continue the final hearing and concludes that father waived his claim of error under Evidence Rule 612. The trial court’s child support order is supported by the evidence. Remands with instructions to issue an order containing findings sufficient to support its decision to restrict father’s parenting time or enter a new order without the restriction.
In re the Paternity of T.T.: D.T. v. S.B. (NFP)
Juvenile. Affirms denial of petition to modify court-ordered child support for T.T.
85A02-1311-JP-1006
Mardel Hill v. State of Indiana (NFP)
02A03-1309-CR-378
Criminal. Affirms convictions and sentence for Class B felony burglary, Class B felony attempted arson, Class D felony criminal mischief and Class D felony intimidation.
The Indiana Tax Court posted no opinions by IL deadline Thursday. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions May 29, 2014
Indiana Supreme Court
Stacy Smith and Robert Smith, Individually and as Co-Personal Representatives of the Estate of Johnny Dupree Smith, Deceased v. Delta Tau Delta, Inc. and Beta Psi Chapter of Delta Tau Delta, et al.
54S01-1405-CT-356
Civil tort. Affirms summary judgment in favor of national fraternity Delta Tau Delta on the Smiths’ wrongful death complaint. There is no designated evidentiary material that shows that the national fraternity had a right to exercise direct day-to-day oversight and control of the behavior of the activities of the local fraternity and its members. Concludes as a matter of law that an agency relationship does not exist between the national fraternity and the local fraternity or its members.
Ohio event to look at Indiana elections
The National Commission on Voting Rights is holding a public hearing in Columbus, Ohio, Friday for anyone with a stake in Indiana and Ohio elections. The event is part of a series of nationwide hearings held to collect testimony on the current landscape of voting and elections in the U.S.
Justices order further proceedings in underinsured motorist coverage case
Because issues of material fact remain regarding the applicable level of underinsured motorist coverage provided by a policy on a semi-tractor trailer, the Indiana Supreme Court reversed summary judgment for the insurance company.