Justices order COA to consider man’s appeal
A man’s appeal of his aggravated battery convictions should proceed to the Indiana Court of Appeals even though the issue of restitution remains unresolved, the Indiana Supreme Court ruled Thursday.
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City recommends GM site for Marion County justice complex
The former General Motors stamping plant west of downtown Indianapolis is Mayor Greg Ballard's preferred location for a new criminal justice complex.
Opinions March 12, 2014 ILD
Indiana Court of Appeals
Steven Cox v. State of Indiana (NFP)
79A05-1305-CR-216
Criminal. Affirms conviction of Class A felony conspiracy to commit dealing in methamphetamine.
Arafat Isa v. Catherine A. Adams, Christopher J. Perry, and State Farm Insurance Company (NFP)
64A04-1307-CT-349
Civil tort. Affirms judgment on the evidence in favor of Adams, Perry and State Farm on Isa’s complaint seeking damages arising from a multi-vehicle collision.
Personal Resource Management, Inc., and Margaret A. Ditteon v. Evanston Insurance Company (NFP)
84A01-1304-PL-157
Civil plenary. Affirms summary judgment in favor of Evanston Insurance Co. on Personal Resource Management Inc.’s and Ditteon’s complaint alleging breach of contract and seeking of damages and a declaration that claims they submitted are covered.
Ty Wilkerson v. State of Indiana (NFP)
79A02-1303-CR-234
Criminal. Affirms denial of motion to set aside guilty plea to Class A felony dealing in methamphetamine.
Tasha Ensley, et al. v. Veterans of Foreign Wars, et al. (NFP)
02A03-1308-CT-340
Civil tort. Affirms summary judgment in favor of the Veterans of Foreign Wars, Department of Indiana, in the plaintiffs’ negligence action.
In the Matter of the Termination of the Parent-Child Relationship of: K.S. (Minor Child), and W.W. (Father) v. The Indiana Department of Child Services (NFP)
34A02-1310-JT-876
Juvenile. Affirms termination of parental rights.
Kaneka S. Kidd v. State of Indiana (NFP)
45A04-1308-CR-398
Criminal. Affirms conviction and sentence for felony murder.
Richard W. Tome v. State of Indiana (NFP)
61A05-1307-CR-324
Criminal. Affirms sentence following open plea of “guilty but mentally ill” on four counts of Class B felony criminal confinement.
Miguel A. Lazcano v. State of Indiana (NFP)
49A02-1311-CR-914
Criminal. Affirms trial court order reducing bond to $170,000.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions March 12, 2014
7th Circuit Court of Appeals
Cindy Golden v. State Farm Mutual Automobile Insurance Company
12-3901
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge James T. Moody.
Civil. Affirms dismissal of Golden’s complaint under Rule 12(b)(6) and denies her motion to certify questions of state law to the Indiana Supreme Court. She alleges in her lawsuit that State Farm owes its insureds a duty to explain at the time a policy is issued that in-house counsel may be used to defend its insureds against third-party claims.
COA: Adoption petition should remain in Superior Court
The Lake Superior Court was not required under the county’s case allocation plan to transfer an adoption petition to juvenile court where termination of parental rights proceedings are pending involving the same children, the Indiana Court of Appeals ruled Wednesday.
Elected official loses appeal in voter registration removal
A Roseland Town Council member couldn’t convince the 7th Circuit Court of Appeals that a District judge was incorrect in dismissing his lawsuit filed after he was removed from the voter registration list while incarcerated.
Mental health statute limits state’s use of juvenile statements
Indiana’s Juvenile Mental Health Statute’s limited immunity prohibits both use and derivative use of a juvenile’s statements to prove delinquency, the Indiana Supreme Court ruled. The justices were able to come to the conclusion without addressing the question of the statute’s constitutionality.
7th Circuit rejects lawsuit on insurer’s use of in-house counsel
The 7th Circuit Court of Appeals Tuesday agreed that a woman’s lawsuit against State Farm Mutual Automobile Insurance Co. should be dismissed because state law creates no obligation for an insurer to provide advance notice to an insured that it uses in-house counsel to defend its policyholders.
Judges affirm sniff search in hotel did not violate guest’s constitutional rights
A trial court properly admitted contraband seized from a woman’s hotel room into evidence, the Indiana Court of Appeals ruled Wednesday. One judge on the panel departed from his colleagues’ need to discuss that the officers’ search was justified because they acted in good faith.
Valparaiso attorney slapped with 5th felony charge
Valparaiso attorney Clark Holesinger, charged last month with four felony counts alleging he stole more than $1.6 million from clients, now faces a fifth count alleging theft from another client.
Court of Appeals saw fewer cases in 2013
The Indiana Court of Appeals in 2013 received and decided fewer cases than in any of the five prior years, according to the court’s annual report released Tuesday.
Opinions March 11, 2014 ILD
Indiana Court of Appeals
In the Matter of the Involuntary Termination of the Parent-Child Relationship of B.P., C.P., and D.P., the minor children, and A.H., the Mother, and J.P., the Father: A.H. and J.P. v. IDCS (NFP)
89A04-1310-JT-525
Juvenile. Affirms involuntary termination of A.H.’s (mother) and J.P.’s (father) parental rights to their children, B.P., C.P. and D.P.
Fidelity and Deposit Co. of Maryland v. Sheet Metal Workers' International Association Local Union No. 20, Sheet Metal Workers Local No. 20 Welfare and Benefit Fund, et al. (NFP)
03A01-1309-PL-380
Civil plenary. Affirms summary judgment in favor of the Sheet Metal Workers’ International Association Local Union No. 20, et al. Concludes the union may properly make claims for payment of unpaid fringe benefit contributions and remitted wages for dues under the public works payment bond.
Dennis J. Turner v. State of Indiana (NFP)
06A01-1308-PC-347
Post conviction. Affirms denial of Turner’s petition for post-conviction relief.
In the Matter of the Termination of the Parent-Child Relationship of: K.S. & A.S. (minor children); K.D. (Mother) v. The Indiana Department of Child Services (NFP)
04A04-1305-JT-225
Juvenile. Affirms involuntary termination of K.J.D.’s (mother) parental rights to her children, K.S. and A.S.
Gregory K. Cox v. State of Indiana (NFP)
53A05-1308-PC-376
Post conviction. Affirms denial of Cox’s petition for post-conviction relief from his convictions following a plea of guilty to two counts of attempted murder, each as a Class A felony.
Indiana Office of Utility Consumer Counselor v. Indiana Michigan Power Company and Steel Dynamics, Inc. (NFP)
93A02-1303-EX-233
Civil. Affirms Indiana Utility Regulatory Commission’s granting of the electric rate increase requested by Indiana Michigan Power.
Laurence F. Myers, Jr. v. State of Indiana (NFP)
79A02-1308-CR-755
Criminal. Affirms 42-year sentence imposed after Myers’s pleaded guilty to burglary as a Class B felony and being a habitual offender, and auto theft as a Class C felony.
The Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not post any Indiana opinions by IL deadline.
Opinions March 11, 2014
Indiana Supreme Court
State of Indiana v. Adrian Lotaki
32S01-1403-CR-151
Criminal. Reverses sentencing order, holding the trial court erred in calculating credit time for a battery committed while Adrian Lotaki was serving a sentence in the Department of Correction. Because sentences for crimes committed in prison are by statute served consecutively, the credit time awarded against the battery conviction effectively enabled Lotaki to serve part of his consecutive sentence concurrently. Remands for resentencing.
Supreme Court: Father’s consent not needed in adoption
A father who had been incarcerated and failed to keep up with support payments wasn’t denied due process when the children’s mother remarried and her new husband adopted the children.
Miranda warning given during police interview makes confession admissible
A defendant’s confession made during a police interrogation is admissible because while officers questioned the defendant in what they called a “pre-interview,” they Mirandized him before he confessed.
Small-claims hearsay letter properly admitted
A dentist’s letter that said a man suing him had never complained about the service he received was not improperly admitted in a small-claims collections action, the Indiana Court of Appeals ruled.
Justices: Inmate will serve longer term for punching prison worker
A Department of Correction inmate serving a 17-year sentence was improperly given credit time that reduced his sentence for punching a prison worker in the face.
Medmal claim sent via FedEx before deadline was timely filed
A medical malpractice complaint was timely filed when an attorney delivered it to Federal Express a day before the statutory deadline, the Indiana Supreme Court ruled, reversing lower court orders and remanding the complaint to the trial court.
Judge: Case not made for airport justice center site
The judge who has authority over Marion County court facilities is casting doubt on the city’s preferred site for a Criminal Justice Complex at Indianapolis International Airport.
Indiana law schools slip from top 25 in annual rankings
The annual ranking that law schools love to hate was released March 11, and it may stir more emotions than usual in Indiana since none of the state’s law school placed in the top 25.