COA finds man knew of protective order and violated it
There is ample evidence proving that a Marion County man was aware his ex-girlfriend obtained a protective order against him when he broke into her home, the Indiana Court of Appeals ruled.
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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.
Conour appeals fraud conviction, 10-year sentence
Former attorney William Conour will appeal his conviction and 10-year prison sentence imposed after he pleaded guilty to a single count of wire fraud.
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.”
Opinions Dec. 11, 2013 ILD
Indiana Court of Appeals
In Re the Paternity of: L.M.J. b/n/f, D.R.D. v C.A.J. (NFP)
34A02-1305-JP-458
Juvenile. Affirms denial of mother’s request for summary judgment on motion for a rule to show cause that father had failed to pay child support beyond his weekly obligation pursuant to the terms of the 1998 order regarding support.
Kelli Alvarez, f/k/a Kelli Galanos v. Horizon Bank, N.A. (NFP)
46A03-1304-CC-155
Civil collection. Dismisses appeal of order denying Alvarez’s motion to correct error challenging the entry of summary judgment in favor of Horizon Bank on a promissory note.
Willie Huguley v. State of Indiana (NFP)
49A02-1305-CR-443
Criminal. Affirms convictions of Class A felony child molesting, sexual intercourse; Class A felony child molesting, deviate sexual conduct; and Class C felony child molesting, fondling.
Joseph A. Harrell v. State of Indiana (NFP)
52A02-1307-CR-576
Criminal. Affirms revocation of probation.
L.M. Zeller, individually, and d/b/a Zeller Elevator Company v. Indiana Fire Prevention and Building Safety Commission (NFP)
82A01-1303-PL-115
Civil plenary. Affirms order affirming the decision of the Indiana Fire Prevention and Building Safety Commission regarding the servicing of elevators.
Kenneth Morton v. State of Indiana (NFP)
64A05-1305-CR-222
Criminal. Affirms sentence for four counts of Class D felony theft.
James B. Studabaker, II v. State of Indiana (NFP)
90A04-1303-CR-126
Criminal. Affirms convictions and sentence for two counts of Class B felony sexual misconduct with a minor.
Julie Marie King v. State of Indiana (NFP)
17A03-1305-CR-186
Criminal. Affirms sentence following guilty plea to aiding in attempted murder as a Class A felony.
Douglas A. Smith v. State of Indiana (NFP)
45A03-1304-CR-154
Criminal. Affirms murder conviction.
Randy Winters v. State of Indiana (NFP)
46A03-1302-CR-59
Criminal. Affirms sentence following guilty plea to Class B felony robbery.
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 Dec. 11, 2013
Indiana Court of Appeals
Carol Sparks Drake v. Thomas A. Dickey, Craig Anderson, Charles E. Podell, and Duke Realty Corporation
29A02-1302-CT-152
Civil tort. Reverses summary judgment for Duke Realty on Drake’s claim that it intentionally interfered with her partnership agreement with the law firm. The trial court erred when it concluded that Drake had failed to present a genuine issue of material fact as to whether Duke Realty intentionally induced Parr Richey to terminate Drake as a partner. Remands for further proceedings.
Independent analysis finds DOC’s population will grow under new criminal code
A report released Dec. 10 predicts that Indiana’s new criminal code will increase the number of individuals incarcerated in state prisons to the point where a new facility may have to be built.
Sniadecki’s forgery sentence suspended
Rodney P. Sniadecki, the disbarred sole practitioner from South Bend who was found guilty in September of three counts of forgery, received a suspended sentence and probation Wednesday.
Legal profession lags in diversity as compared to other professions
Minority employment in the legal profession has grown significantly slower as compared to certain medical and business professions, according to a study released by Microsoft Corp.
Marion County announces plan to build new criminal justice complex
Under a plan announced by city and court officials Wednesday, Marion County’s courts, jails and other offices would be located in one complex instead of spread out around downtown Indianapolis and the county.
Inmate’s negligence suit may continue, court rules
The Indiana Court of Appeals ordered more proceedings on a negligence lawsuit filed by an Indiana Department of Correction inmate after he fell and injured himself. In the decision, the judges also decided that prison operators are subject to liability in much the same manner as other private actors.
Jury should decide whether Duke Realty intended to get law partner fired
There are genuine issues of material fact as to whether Duke Realty, involved in a dispute over a land agreement with a Parr Richey Obremskey & Morton partner, intentionally induced the firm to terminate Carol Sparks Drake’s partnership agreement and whether that interference was justified, the Indiana Court of Appeals ruled Wednesday.
Man entitled to homestead deduction on Fountain County property
The Indiana Tax Court Tuesday reversed the determination that a man could not receive the homestead standard deduction on his Fountain County property because the decision is unsupported by evidence. The Indiana Board of Tax Review’s conclusion that the property was not Roderick Kellam’s principal place of residence was contrary to law.
Opinions Dec. 10, 2013 ILD
Indiana Court of Appeals
Robert Jackson v. State of Indiana (NFP)
48A05-1303-CR-148
Criminal. Affirms denial of motion to withdraw guilty plea.
Raymond B. Baker v. State of Indiana (NFP)
24A01-1304-CR-163
Criminal. Affirms convictions of two counts of Class D felony neglect of a dependent.
Dabian Dorion Boyd v. State of Indiana (NFP)
71A04-1304-CR-174
Criminal. Affirms murder conviction.
Sheryl A. Payne v. Thomas L. Payne (NFP)
23A01-1305-DR-204
Domestic relation. Affirms denial of wife’s motion to correct error after her request for spousal maintenance was denied.
Jessica L. Rhye v. State of Indiana (NFP)
18A02-1303-CR-248
Criminal. Affirms conviction of Class D felony possession of reagents or precursors with intent to manufacture a controlled substance.
Kennith Howard v. Erica Lofton (NFP)
49A05-1302-DR-43
Domestic relation. Affirms denial of Howard’s motion to reconsider and set for hearing, and his motion to correct error and relief from judgment from his dissolution proceeding with Lofton.
Aaron Edward Belcher v. State of Indiana (NFP)
45A05-1305-CR-225
Criminal. Affirms convictions of one count each of Class B felony burglary, Class C felony escape, Class D felonies confinement and possession of a narcotic drug, and Class A misdemeanor resisting law enforcement and possession of marijuana.
Timothy D. Driscoll, Jr v. State of Indiana (NFP)
82A05-1303-CR-147
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Dec. 10, 2013
Indiana Court of Appeals
David Didion and Kristi Didion as Parents and Legal Guardians of Brayden Didion v. Auto-Owners Insurance Company
27A02-1303-PL-232
Civil plenary. Affirms summary judgment in favor of Auto-Owners Insurance Co. on its complaint seeking a declaratory judgment that it had no liability for a dog bite on an insured’s property. The person living at the property was not an insured and Auto-Owners was not given timely notice of the dog bite and injury pursuant to the terms of the policy.
Justices take 3 cases
The Indiana Supreme Court granted transfer to three cases last week, including a lawsuit filed by parents after their severely disabled daughter died at school as a result of choking on food.
COA: Insurer has no liability for dog bite injuries
The Indiana Court of Appeals upheld summary judgment in favor of Auto-Owners Insurance Co. on the issue of whether it had liability to cover the damages sought by the parents of a boy bit by a dog on the insured’s property. The person residing at the home, whose dog bit the boy, was not considered an insured under the policy.
New commission on children executive committee includes justice, DCS head
The Commission on Improving the Status of Children, created during the 2013 legislative session, announced its executive committee Tuesday. The committee includes Indiana Justice Loretta Rush, who also serves as commission chair.