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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).

Indy lawyer suspended for 2 years

The Indiana Supreme Court has suspended Indianapolis attorney and developer Paul J. Page from the practice of law for at least two years, although one justice thought he should be disbarred. The suspension stems from his guilty plea to one count of wire fraud in 2013.

Opinions May 13, 2014

Indiana Supreme Court
In re Mental Health Actions for A.S., Sara Townsend
10S01-1402-MH-113
Mental health. Reverses finding that Sara Townsend was in indirect civil contempt after completing an application to initiate immediate emergency treatment for her co-worker, A.S. The trial court lacked statutory authority to find her in contempt and her actions did not place her under the trial court’s authority to impose sanctions as an inherent power of the judiciary.