Indiana Tech shakes up leadership at law school
Indiana Tech Law School announced May 23 that Peter Alexander stepped down as vice president and dean of the law school May 21. He has also resigned his tenured faculty position.
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Opinions May 23, 2014 ILD
Indiana Court of Appeals
Christopher Bell v. State of Indiana (NFP)
82A04-1309-CR-478
Criminal. Affirms convictions of murder and Class C felony conspiracy to commit robbery.
Agav Properties, Avrohem Tkatch, and Elisheva Tkatch v. The City of South Bend and The South Bend Fire Department (NFP)
71A04-1308-PL-396
Civil plenary. Affirms grant of motion to dismiss and motion of summary judgment filed by the city of South Bend and the fire department alleging negligence, intentional interference with a contractual relationship and violation of state and federal constitutional rights.
Town of New Pekin, Indiana v. Gail Stewart and Kermit Stewart (NFP)
88A01-1310-PL-442
Civil plenary. Affirms denial of the town’s motion for summary judgment and remands to the trial court for adjudication by the finder of fact.
R & M Construction, Inc., and Lake County Trust Company, as Trustee Under a Trust Agreement Dated May 17, 1989 and Known as Trust No. 1901 v. Twin Lakes Utilities, Inc. (NFP)
Civil collection. Affirms summary judgment on R&M and the trust’s claims and reverses summary judgment to Twin Laws as to its claim for declaratory judgment. Remands for further proceedings on Twin Lake’s claims.
Michael Nero v. Citimortgage, Inc. (NFP)
52A02-1312-MF-1017
Mortgage foreclosure. Affirms entry of summary judgment in favor of Citimortgage in its mortgage foreclosure action.
Adrian Walton v. State of Indiana (NFP)
49A04-1307-CR-365
Criminal. Affirms murder conviction.
In re the Marriage of: Carla Weiler v. Kevin P. Weiler (NFP)
45A03-1310-DR-424
Domestic relation. Affirms in part and vacates in part husband’s motion to enforce decree of dissolution of marriage. Remands for the trial court to order the parties to ensure the marital residence is listed for sale.
Ronald DeWayne Thompson v. State of Indiana (NFP)
45A04-1310-CR-511
Criminal. Affirms denial of request for mistrial.
EMR Consulting, Inc. v. Review Board of the Indiana Department of Workforce Development and Laura Shipp (NFP)
93A02-1308-EX-691
Agency action. Affirms decision to grant Shipp unemployment benefits.
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 May 23, 2014
Indiana Court of Appeals
Andrew J. Rogers v. Sigma Chi International Fraternity, Theta Pi of Sigma Chi, Ancil Jackson, Brian Mifflin, Jr., and Joshua Kearby
84A04-1305-CT-224
Civil tort. Affirms summary judgment for Sigma Chi International fraternity, its Terre Haute chapter and Jackson, Mifflin and Kearby on Rogers’ claim the defendants should have protected him from being assaulted at a party. Sigma Chi did not have possession of the premises where Rogers was injured, the defendants had no duty to protect him from the assault, and the International fraternity was not vicariously liable for the acts of the persons at the premises because it had no actual or apparent authority over them.
Court rules in favor of fraternity in lawsuit following assault
The Indiana Court of Appeals has affirmed summary judgment in favor of a fraternity whose members lived in a Terre Haute private residence where a man visiting for a party was assaulted. The victim claimed the fraternity should be liable because members of the college chapter lived at the home and had some chapter items at the residence.
No Indiana Lawyer daily on Memorial Day
Indiana Lawyer daily will not be published May 26 in observance of Memorial Day.
Court affirms woman is ‘gravely disabled’ requiring involuntary commitment
The Indiana Court of Appeals declined to reweigh the evidence used to find a woman needed to be involuntarily committed because she was gravely disabled after claiming she was bitten by poisonous spiders in her home for the fourth time.
Majority finds man entrapped to patronize prostitute
The Indiana Court of Appeals reversed a misdemeanor conviction for patronizing a prostitute, with two judges ruling the state was unable to rebut the man’s entrapment defense by showing he had a history of trying to buy sex.
Attorneys donate $50,000 and 8,100 pounds of food to fight hunger
Lawyers in Indiana and Kentucky stepped up to the challenge and donated nearly $50,000 and more than 8,100 pounds of food during this year’s March Against Hunger food drive.
Supreme Court considering reducing timeframe for filing transcripts in appeals
The Indiana Supreme Court Committee on Rules of Practice and Procedure wants to hear from the legal community and general public on a proposed amendment that would shorten the time court reporters have to file their transcripts.
IU Maurer co-creates academy to study Chinese law
Indiana University Maurer School of Law and China University of Political Science and Law have signed a cooperation agreement establishing a new Academy for the Study of Chinese Law and Comparative Judicial Systems.
Opinions May 22, 2014 ILD
Indiana Court of Appeals
Darren L. Sivley v. State of Indiana (NFP)
02A03-1310-CR-399
Criminal. Affirms conviction of Class D felony residential entry.
Jeremy Riffert v. State of Indiana (NFP)
15A01-1310-CR-460
Criminal. Affirms 800-day sentence following guilty plea to Class D felony operating a vehicle as a habitual traffic violator.
William A. Parks v. State of Indiana (NFP)
79A04-1305-CR-259
Criminal. Affirms sentence for dealing in methamphetamine as a Class A felony.
Sylvester Smith v. State of Indiana (NFP)
45A03-1310-CR-402
Criminal. Affirms convictions of three counts of Class D felony criminal recklessness.
In the Matter of the Termination of the Parent-Child Relationship of: J.S. (Minor Child), and T.S. (Father) v. The Indiana Department of Child Services (NFP)
82A01-1309-JT-405
Juvenile. Affirms order terminating father’s parental rights.
In the Matter of the Termination of the Parent-Child Relationship of: E.M.D., E.D., and S.D., (Minor Children), and S.D., (Father) v. The Indiana Department of Child Services (NFP)
45A03-1310-JT-394
Juvenile. Affirms termination of father’s parental rights.
Jerry L. Siers v. State of Indiana (NFP)
85A02-1310-CR-888
Criminal. Affirms convictions of two counts of Class A felony child molesting, one count of Class C felony child molesting and four counts of Class A misdemeanor tattooing a minor.
Larry Powell v. Vanessa Powell (NFP)
03A04-1308-DR-399
Domestic relation. Affirms division of assets in the dissolution of the Powells’ marriage.
David W. Reed v. Jennifer Reed (NFP)
82A01-1309-DR-411
Domestic relation. Affirms award of primary physical custody of the two minor sons to mother.
Thomas H. Fuller, III v. State of Indiana (NFP)
84A01-1307-CR-336
Criminal. Affirms order Fuller serve his entire previously suspended sentence following a violation of terms of work release.
Megan M. Hatzell v. Tyler A. Hatzell (NFP)
38A02-1309-DR-820
Domestic relation. Affirms custody modification order granting temporary custody of three minor daughters to their father.
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 May 22, 2014
Indiana Court of Appeals
Yellowbook Inc. f/k/a Yellow Book Sales and Distribution Company, Inc. v. Central Indiana Cooling and Heating, Inc. and Lawrence E. Stone a/k/a Larry Stone
30A05-1311-CC-561
Civil collection. Affirms in part, reverses in part and remands with instructions. The trial court erred when it concluded that Yellow Book failed to credit certain Central Indiana Cooling and Heating payments under Contracts 1 and 2; Contract 3 was induced by fraud and is rescinded; and Yellow Book is entitled to pre-judgment interest and reasonable attorney fees for amounts owed under Contracts 1 and 2.
Judges reverse woman’s resisting law enforcement conviction
Opening a police officer’s car door and refusing to place one’s feet inside the car are not acts constituting forcible resistance, the Indiana Court of Appeals ruled Thursday. The judges reversed a Miami County woman’s conviction of resisting law enforcement.
Prosecutor’s comments on defendant not testifying don’t require reversal
The Indiana Court of Appeals, in addressing a defendant’s claims of prosecutorial misconduct, found that any misconduct committed was a harmless error and does not require criminal deviate conduct and sexual battery convictions to be overturned.
Seizure of man’s clothing from hospital not unconstitutional
A detective’s seizure of a bag of clothing worn by a man who was shot – and later considered a suspect in a murder – and the admission of that clothing into evidence did not violate the man’s federal or state constitutional rights, the Indiana Court of Appeals concluded Thursday.
COA rules Marion County had exclusive jurisdiction over custody of boy
The Indiana Court of Appeals reversed an order out of Montgomery County regarding custody and parenting time of a boy because that court could not properly exercise jurisdiction. Marion County had exclusive jurisdiction over the custody of the boy.
Kentucky ruling prevents Indiana court from addressing claim
Because the principles of full faith and credit required a Clark Circuit court to consider the judgments of a Kentucky court involving the default of promissory notes on property in Kentucky and Indiana, there was no error by the Indiana court in granting a bank the right to foreclose.
COA finds Yellow Book ad contract induced by fraud
A heating and cooling company does not owe Yellow Book for a contract it tried to break after finding the publication didn’t change the terms of the contract as promised, the Indiana Court of Appeals held. But, the heating and cooling company is on the hook for two other contracts it had that it failed to fully pay.
State courts to adopt e-filing in 2015
Indiana courts will switch to electronic filing beginning next year, according to an order issued Thursday by the Indiana Supreme Court.
Opinions May 21, 2014 ILD
Indiana Court of Appeals
Jeremy Lyn Davis v. State of Indiana (NFP)
48A02-1307-CR-670
Criminal. Affirms seven-year sentence for Class C felony battery by means of a deadly weapon.
Brice L. Webb v. State of Indiana (NFP)
71A05-1305-CR-263
Criminal. Affirms murder conviction.
Brandan L. Martin v. State of Indiana (NFP)
52A02-1311-CR-966
Criminal. Affirms four-year sentence for Class D felony possession of marijuana and Class A misdemeanor battery.
Tina Cox v. State of Indiana (NFP)
49A04-1309-CR-447
Criminal. Affirms conviction of Class D felony possession of methamphetamine.
In the Matter of: J.J., F.J., J.O., & C.O., Minor Children, and M.O., Mother v. The Indiana Department of Child Services (NFP)
06A01-1310-JC-479
Juvenile. Affirms determination that the four children are children in need of services.
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.