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A juvenile sex offender’s statements in a polygraph test during probation that he molested two more children may not form the sole basis to prove delinquency, the Indiana Supreme Court held Friday in affirming a trial court and rejecting the state’s appeal.
A debtor’s counterclaim that a collection agency violated the Indiana Uniform Consumer Credit Code by not obtaining a license was rejected by the Indiana Court of Appeals on the grounds that although the agency was trying to recover a debt, it was not a creditor.
Indiana Court of Appeals
Henry D. Hull v. State of Indiana (NFP)
27A02-1305-CR-471
Criminal. Affirms conviction of Class D felony possession of marijuana.
Darrell Turner, Jr. v. State of Indiana (NFP)
41A01-1306-CR-290
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.
Justin D. Coates v. State of Indiana (NFP)
82A01-1305-CR-246
Criminal. Affirms convictions of three counts of Class B felony criminal confinement and one count of Class D felony obstruction of justice.
In the Matter of the Termination of the Parent-Child Relationship of: J.W.K., R.K., J.N.K., B.K., and J.K., Minor Children, and S.K., Mother v. Indiana Department of Child Services (NFP)
75A05-1307-JT-368
Juvenile. Affirms termination of mother’s parental rights.
State of Indiana v. Stephen Floyd Smith (NFP)
71A03-1303-CR-88
Affirms partial grant of Smith’s motion for discharge of a charge of Class D felony domestic battery pursuant to Criminal Rule 4(C); affirms denial of discharge of a later-added count of Class A misdemeanor battery; and remands for proceedings on the misdemeanor battery count.
David A. Shane v. Sheila Shane (NFP)
18A04-1308-DR-439
Domestic relation. Dismisses appeal of denial of a prisoner’s petition to eliminate child support arrearage for a child who died in a fire in 2006 as untimely. Judge Edward Najam wrote the opinion; Judge Terry Crone concurred in the result without opinion; and Judge John Baker dissented, holding that he would affirm the trial court on the merits but disagreed with the majority conclusion that the court lacked subject matter jurisdiction.
Barbara Loomis v. James Loomis (NFP)
45A03-1307-DR-252
Domestic relation. Affirms trial court determination husband did not breach a mediated agreement and denial of wife’s request for interest, damages and fees, and denies husband’s request for appellate attorney fees.
Brady D. Ericson and Tiffany J. Ericson v. Bloomfield State Bank (NFP)
53A04-1307-MF-376
Mortgage foreclosure. Affirms denial of the Ericsons’ motion for relief from summary judgment in favor of Bloomfield State Bank.
Kathy Jo Hill v. State of Indiana (NFP)
92A05-1308-CR-430
Criminal. Affirms revocation of probation.
The Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions prior to IL deadline.
Indiana Court of Appeals
Nathan Wertz v. Asset Acceptance, LLC.
71A03-1305-CC-175
Civil Collection. Affirms trial court’s dismissal of Wertz’s counterclaim against Asset Acceptance, LLC. Finds that the Indiana Uniform Consumer Credit Code’s licensure requirement does not apply to Asset because it does not have a physical location in Indiana. Since Asset is not required to obtain a license under IUCCC, Wertz’s claims that Asset violated the Indiana Deceptive Consumer Sales Act and the federal Fair Debt Collection Practices Act cannot stand.
Evidence in the federal civil suit against the last people believed to have seen missing Indiana University student Lauren Spierer may not be covered by a broad order shielding exhibits and testimony from public view.
Marion Superior judges on Friday gave a grudging endorsement to the former General Motors stamping plant site as the location for a proposed jail and criminal justice complex, but not before sending a message to Indianapolis Mayor Greg Ballard that where courts are located is their decision.
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: A.H. & J.H. (Minor Children), and D.T. (Father) v. The Indiana Department of Child Services (NFP)
82A04-1307-JT-378
Juvenile. Affirms order terminating father’s parental rights.
Dominique McClendon v. State of Indiana (NFP)
49A05-1307-CR-334
Criminal. Affirms convictions of two counts of Class C felony possession of a narcotic drug while in possession of a firearm.
Michael W. Gilliland v. Fifth Third Mortgage Company (NFP)
81A01-1307-MF-314
Mortgage foreclosure. Affirms summary judgment for Fifth Third Mortgage Co. on its foreclosure complaint.
Charles Washington v. State of Indiana (NFP)
49A02-1308-CR-679
Criminal. Affirms conviction of Class D felony pointing a firearm, but reverses conviction of Class D felony criminal mischief. Remands for trial court to enter judgment of conviction and sentence for criminal mischief as a Class B misdemeanor.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
7th Circuit Court of Appeals
Zachary Mulholland v. Marion County Election Board
13-3027
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Reverses dismissal of Mulholland’s lawsuit to enjoin Marion County Election Board proceedings relating to a slating violation and to enjoin the future enforcement of I.C. 3-14-1-2(a), the anti-slating law. The election board’s investigation is too preliminary a proceeding to warrant Younger abstention, at least in the wake of Sprint Communications, Inc. v. Jacobs, 134 S. Ct. 584 (2013). Even if Younger abstention were theoretically available after Sprint, the previous final federal judgment against the defendant Election Board holding the same statute facially unconstitutional would still amount to an extraordinary circumstance making Younger abstention inappropriate.
Because a prior felony conviction the state relied on to enhance a man’s handgun possession charge was later reduced to a misdemeanor as part of a plea agreement, the Indiana Court of Appeals reversed the denial of the man’s motion to dismiss the enhancement.
The Indiana Health Law Review Symposium March 28 will examine neuroscience and mental health law; child contact sports and concussions, and other topics at the daylong event.
Because a company seeking to recover unpaid installments on a car loan filed its complaint outside of the four-year statute of limitations, the Indiana Court of Appeals affirmed the small claims judgment in favor of the car buyer.
The 7th Circuit Court of Appeals has reversed the dismissal of an unslated Marion County Democratic candidate’s lawsuit challenging the county election board’s reliance on the state’s “anti-slating” law to confiscate political flyers during the May 2012 primary election.
In a split decision from the 7th Circuit Court of Appeals, the majority reversed a Russian woman’s conviction for violating a federal statute that prohibits structuring currency transactions in order to evade federal reporting requirements for transactions involving more than $10,000 in currency. The majority cited the prosecution’s questioning of the woman about past financial records as the reason for reversal.
Duke Energy won approval from the Indiana Court of Appeals Wednesday to raise electricity rates to pay for its $3.5 billion Edwardsport coal-gasification power plant. The judges ruled unanimously against environmental and consumer groups that sought to overturn a 2012 settlement between Duke and state regulators that authorized a 16-percent increase in the monthly bills of 790,000 Indiana customers. IBJ.com has more on the ruling.
A Madison County father challenging the denial of his petition for change of custody did not timely file his appeal, so the Indiana Court of Appeals dismissed it.
Indiana Court of Appeals
Citizens Action Coalition of Indiana, Inc., Save the Valley, Inc., Sierra Club, and Valley Watch, Inc. v. Duke Energy Indiana, Inc., Indiana Office of Utility Consumer Counselor, et al. (NFP)
93A02-1301-EX-76
Agency action. Affirms orders of the Indiana Utility Regulatory Commission related to power plant construction costs incurred by Duke Energy Indiana Inc. and a settlement agreement executed by Duke and other settling parties adopted as modified by the commission.
Meredith J. Rowley v. State of Indiana (NFP)
48A05-1307-CR-370
Criminal. Affirms revocation of home detention.
In Re the Guardianship of Anthony J. Panzica, Protected Person, Anthony J. Panzica v. Real Services, Inc. (NFP)
71A04-1309-GU-448
Guardianship. Affirms probate court’s approval of the final accounting that concerned various disbursements by Panzica’s temporary guardian to his wife for medical supplies and other expenses.
David D. Pike v. State of Indiana (NFP)
82A01-1307-CR-321
Criminal. Affirms convictions of Class A felony robbery resulting in serious bodily injury and Class B felony aggravated battery.
In the Matter of the Termination of the Parent-Child Relationship of: J.E. (Minor Child), and C.E. (Father) v. The Indiana Department of Child Services (NFP)
49A02-1309-JT-749
Juvenile. Affirms termination of parental rights.
Justin Whitmore v. South Bend Public Transportation Corporation a/k/a TRANSPO (NFP)
71A03-1306-CT-242
Civil tort. Reverses summary judgment in favor of TRANSPO on Whitmore’s negligence complaint. Remands for further proceedings.
Andrew Whitmer v. State of Indiana (NFP)
71A04-1306-CR-318
Criminal. Affirms convictions of two counts of Class A felony child molesting, one count of Class C felony child molesting and one count of Class A felony attempted child molesting.
Mile Djuric v. Eggert Builders, Inc., and Matt Anderson d/b/a Anderson Plastering Co. (NFP)
45A03-1307-CT-275
Civil tort. Affirms summary judgment in favor of Eggert Builders in Djuric’s negligence action against Eggert.
In the Matter of the Termination of the Parent-Child Relationship of: Z.S., K.S., and M.W., (Minor Children), S.S. (Mother) v. The Indiana Department of Child Services (NFP)
82A04-1307-JT-412
Juvenile. Affirms termination of parental rights.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Tax Court
Fraternal Order of Eagles #3988, Inc. v. Morgan County Property Tax Assessment Board of Appeals and Morgan County Assessor
49T10-1201-TA-4
Tax. Affirms board of tax review’s determination that the Fraternal Order of Eagles #3988 Inc. was not entitled to either a fraternal beneficiary association exemption or a charitable purposes exemption for the 2006 tax year.
A Madison County father challenging the denial of his petition for change of custody did not timely file his appeal, so the Indiana Court of Appeals dismissed it.
The Indiana Tax Court Tuesday ruled that the state Board of Tax Review did not err when it determined a nonprofit in Mooresville was not entitled to either a fraternal beneficiary association exemption or a charitable purposes exemption for the 2006 tax year.
The Indiana Court of Appeals Wednesday slashed 105 years from a convicted rapist’s sentence, concluding the original 270-year sentence was far outside the norm for a single episode of conduct against a single victim.