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Opinions Dec. 16, 2013 ILD

Indiana Court of Appeals
Michael S. McShurley v. State of Indiana (NFP)
79A02-1302-CR-163
Criminal. Affirms conviction and aggregate 18-year sentence for three counts of Class C felony child molesting.

David X. Finley and Diane M. Finley v. First Federal Savings Bank and Charleston Auctioneers, Inc. (NFP)
02A03-1302-PL-48
Civil plenary. Affirms summary judgment in favor of First Federal.

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

 

Opinions Dec. 16, 2013

Indiana Court of Appeals
Avon Trails Homeowners Association, Inc. v. Kellie Homeier
32A01-1307-PL-312
Civil plenary. Reverses denial of a temporary injunction that would have allowed Avon Trails to enforce a restrictive covenant barring Homeier from parking a trailer on her lot or an adjacent lot. Remands to the trial court with orders to adopt settlement language the parties submitted as a joint motion to vacate findings and submission of agreed entry of judgment.

Court erred, twice rejected settlement in covenant case

A trial court erred in denying a homeowners association’s request for an injunction against a resident who parked a trailer on her lot. The court then twice rejected joint settlement requests, according to a panel of the Indiana Court of Appeals.

Opinions Dec. 13, 2013 ILD

The Indiana Supreme Court and Tax Court issued no opinions Friday prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions Friday prior to IL deadline.
 

Opinions Dec. 13, 2013

Indiana Court of Appeals
John Everitt Dickey v. State of Indiana
10A01-1212-CR-587
Criminal. Affirms conviction of two counts of Class A child molesting, rejecting Dickey’s argument that testimony about his physical abuse of the victim and her mother was improperly admitted. The court held that Dickey failed to preserve the argument for appeal because, while his attorney objected to a line of questioning about when Dickey’s relationship with the victim’s mother began to change, a continuing objection was not raised.

Longtime Vevay lawyer Ronald Hocker dies

Ronald Jewell “Ron” Hocker of Vevay, a longtime attorney and civic leader in southeastern Indiana, died Monday at the Indiana University Simon Cancer Center in Indianapolis. He was 71.

Order prohibiting boyfriend from spending time with children too broad

The longtime boyfriend of a mother of triplets should be allowed to continue his relationship with her children as long as it does not undermine or damage the relationship with their father, the Indiana Court of Appeals ruled Thursday. As such, the judges reversed the order preventing the boyfriend from spending time with the children alone.

Opinions Dec. 12, 2013 ILD

Indiana Court of Appeals
Paul D. Schoolman v. Tamzen L. Schoolman (NFP)
52A02-1304-DR-344
Domestic relation. Affirms distribution of property in dissolution of marriage.

Jacquelyn S. Johnson-Taefi v. Review Board of the Indiana Department of Workforce Development and AME Cleaning Services, LLC (NFP)
93A02-1306-EX-484
Agency action. Affirms determination that Johnson-Taefi is ineligible for unemployment benefits.

Zachariah Brownie v. State of Indiana (NFP)
49A04-1301-CR-3
Criminal. Judge Brown writes a dissent from the denial of a petition for rehearing, believing the court should reverse the probation revocation order and remand for a new hearing.

Joseph Rothell v. State of Indiana (NFP)
48A02-1303-CR-225
Criminal. Affirms revocation of probation and imposition of a portion of Rothell’s previously suspended sentence.

Jeffrey Allen Thomas v. State of Indiana (NFP)
82A01-1304-CR-175
Criminal. Affirms conviction of Class D felony battery upon a law enforcement officer.

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

Opinions Dec. 12, 2013

Indiana Supreme Court
Richard Eric Johnson v. Gillian Wheeler Johnson
49S05-1303-DR-199
Domestic relation. Affirms the trial court order with respect to the calculation of Gillian Johnson’s health insurance premium credit and application of Eric Johnson’s Social Security Retirement benefits. Summarily affirms the Court of Appeals as to the remaining issues. The trial court’s approach was appropriate in light of the flexibility afforded by the Indiana Child Support Guidelines.

Embattled judge sorry, proposes 60-day suspension

Marion Superior Judge Kimberly Brown is apologizing for alleged judicial misconduct that resulted in 47 disciplinary counts against her, proposing to the Indiana Supreme Court that she be suspended for two months. She also says her prior defense, including refusing to take a deposition oath, was “ill-advised.”