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Opinions May 19, 2014 ILD

Indiana Court of Appeals
William Hodapp, Jr. v. State of Indiana (NFP)
07A01-1307-CR-342
Criminal. Affirms convictions of Class B felony incest, Class C felony incest, Class D felony possession of child pornography and Class A misdemeanor battery.

Russell Lawless v. Leslie Lawless (NFP)
58A01-1308-DR-366
Domestic relation. Affirms dissolution court’s deviation from the presumed equal division of marital property. Reverses the judgment of the dissolution court with respect to its determination of the amount of the marital debts and the value of the retirement plan. Remands with instructions for the dissolution court to recalculate the total amount of marital debts based upon the dates on which debts were incurred and on whose behalf, and assess the value of the retirement plan’s vested portion as of the date of the dissolution petition. The dissolution court will have discretion in determining the value of any appreciation in that portion of the retirement plan.

Michael Mason v. State of Indiana (NFP)
49A04-1310-CR-493
Criminal. Affirms conviction and 65-year sentence for murder.

Gary Sistrunk v. State of Indiana (NFP)
49A05-1211-CR-567
Criminal. Affirms conviction of robbery as a Class B felony. Remands with instruction’s to enter conviction of criminal confinement as a Class D felony and to impose a sentence consistent therewith, to be served concurrently with his sentence for the robbery conviction. Judge Michael Barnes dissents in part, arguing the robbery and confinement were not separate criminal transgressions. Therefore, the confinement conviction should be vacated entirely.  

Gary Sistrunk v. State of Indiana (NFP)
49A04-1210-CR-527
Criminal. Remands with instructions to vacate Sistrunk’s conviction of criminal confinement under Count II, and to enter his conviction of robbery under Count III as a Class C felony rather than a Class B felony. Also remands to enter Sistrunk’s convictions of criminal confinement under Counts IV and V as Class D felonies rather than Class B felonies. Finally, remands to revise the sentences to be consistent with the appropriate class level for the felonies and to be served concurrently with the sentence imposed for the robbery conviction. Judge Michael Barnes dissents from the majority view that Counts III, IV, and V must be reduced because Sistrunk did not repeatedly use the weapon during the commission of the crime.  

In re the Marriage of: William Adamson v. Pamela Adamson (NFP)
55A05-1310-DR-485
Domestic relation. Reverses and remands the Morgan Circuit Court’s denial of William Adamson’s motion to modify the physical custody of K.A., finding him in contempt of court and requiring him to pay Pamela Adamson’s attorney fees.

The Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Monday. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline Monday.

 

Opinions May 19, 2014

Indiana Tax Court
Van Buren Township, Madison County, Boone Township, Madison County, The Summitville Fire Protection Territory v. Department of Local Government Finance
49T10-1104-TA-27
Tax. Affirms Department of Local Government Finance denial of creation of the Summitville Fire Protection Territory because of defects in a legal advertisement to provide notice of a public hearing at which two townships proposed creation of the fire district and its authority to levy taxes. The court rejected arguments that each township published notice of the meeting on the same day in the same newspaper, so therefore a reasonable person would not have been misled by the defective legal notice.

School district not immune from liability in shooting incident

Although a principal was responsible for formulating and implementing a security plan for her school, the level of discretion the principal had was not enough to give the school district immunity from liability following an in-school shooting.

Spierer civil suit discovery halted; claims called ‘precarious’

The federal civil lawsuit naming two former Indiana University students who were among the last to see missing IU freshman Lauren Spierer will proceed, but a judge Monday narrowed the inquiry regarding one defendant and halted discovery in the meantime.

Supreme Court grants transfer in 4 cases

The Indiana Supreme Court will review reversal of a man’s conviction of possession of a firearm by a serious violent felon due to a police officer’s testimony about the man’s nickname.

Tax Court affirms rejection of fire protection district

A faulty legal notice published to advertise a public hearing for the purpose of creating a fire protection district in northern Madison County was sufficient grounds for the state to deny creation of the district, the Indiana Tax Court ruled Friday.

Opinions May 16, 2014 ILD

Indiana Court of Appeals
In re: The Paternity of B.J., C.J. v. H.H. (NFP)
80A04-1311-JP-575
Juvenile. Reverses trial court order denying father C.J.’s objection to relocation of mother H.H. with the parties’ child, B.J., and father’s petition to modify custody. Because the court failed to issue findings, the matter is remanded for proceedings.  

In the Matter of the Termination of the Parent-Child Relationship of: C.M., J.J., L.S., and A.S., Minor Children, M.H., Mother v. Indiana Department of Child Services (NFP)
02A03-1309-JT-371
Juvenile. Affirms involuntary termination of parental rights.

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

 

Opinions May 16, 2014

Indiana Supreme Court
In the Matter of: Steven B. Geller
49S00-1106-DI-318
Attorney discipline. Disbars Geller for 12 violations of the Rules of Professional conduct, including violations arising from his physical confrontation at the courthouse with an ex-client who he believed owed him money. Disbarment is warranted in light of Geller’s history of misconduct, unsuccessful prior attempt at rehabilitation, inability to manage anger, and dishonesty toward the Court and the Disciplinary Commission. Justice Mark Massa concurred in part and dissented in part and would have recommended a three-year suspension without automatic reinstatement.
 

U.S. Courts mark 60th anniversary of Brown v. Board of Education

May 17 marks the 60th anniversary of the landmark case that ended legal segregation in the United States. The federal courts are commemorating the historic Supreme Court of the United States ruling in Brown v. Board of Education with a variety of online resources.

Fewer topics but interim committees still have work to do

The internal changes to the Legislature’s interim study committee structure are not readily visible, but majority and minority leaders are optimistic the alterations will streamline the process and control the workload.

Opinions May 15, 2014 ILD

Indiana Court of Appeals
J.H. v. J.K. (NFP)
1A03-1311-JP-459
Juvenile. Affirms order that father pay $70 per month toward the college expenses of his 19-year-old daughter.

Rayterrion Wheeler v. State of Indiana (NFP)
71A03-1310-CR-391
Criminal. Affirms murder conviction.

Rick Delks v. State of Indiana (NFP)
84A01-1309-PC-416
Post conviction. Affirms denial of petition for post-conviction relief.

In re the Paternity of D.M.Y.: M.S.R. v. B.Y. (NFP)
34A04-1310-JP-504
Juvenile. Affirms the determination of Michael S. Robinson’s child support arrearage.

Jason Keel v. April Najdowski (NFP)
29A02-1305-DR-463
Domestic relation. Affirms denial of Keel’s petition for reinstatement of his parenting time.

Thomas M. Slaats v. Sally E. Slaats n/k/a Sally E. Jaggers-Weber (NFP)
87A01-1311-DR-503
Domestic relation. Affirms modification of father’s child support obligation.

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

 

Bank wins in appeal of foreclosure action

The Indiana Court of Appeals affirmed summary judgment in favor of Wells Fargo on its action to foreclose on a mortgage and collect from the guarantor of the loan, ruling that the loan documents were properly assigned to the bank.

Opinions May 14, 2014 ILD

Indiana Court of Appeals
Kenneth B. Hutslar v. State of Indiana (NFP)
38A02-1310-CR-877
Criminal. Affirms conviction of Class A misdemeanor possession of a cellular telephone or device while incarcerated.

Wachovia Bank N.A., as Trustee for the Registered Holders of GSRPM 2004-1 Mortgage Pass-Through Certificates v. Yevonne Corpening a/k/a Yevonne R. Corpening; Sovereign Bank, et. al. (NFP)
49A04-1308-MF-397
Mortgage foreclosure.  Reverses trial court judgment that determined Wachovia is not an equitable assignee of a mortgage despite the fact the bank held a note corresponding to the mortgage.

In re the Matter of the Guardianship and Estate of Jay Carver, an adult v. Margaret Ditteon (NFP)
84A01-1309-GU-409
Guardianship. Affirms denial of Carver’s request that the guardianship be terminated or a different guardian be appointed.

Richard A. Perkey v. State of Indiana (NFP)
20A03-1303-CR-77
Criminal. Grants rehearing to address claims of prosecutorial misconduct and affirms Perkey’s Class B felony rape conviction.

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

Opinions May 14, 2014

Indiana Supreme Court
State of Indiana v. Tammy Sue Harper
79S02-1405-CR-334
Criminal. Affirms grant of Harper’s motion for a sentence modification sought more than 365 days after she was originally sentenced. The prosecutor’s conduct and communications adequately conveyed the “approval of the prosecuting attorney” required in I.C. 35-38-1-17(b).