Admitting rifle into evidence not abuse of discretion, COA rules
Telling the jury that an assault rifle was found in the car of the defendant did not unduly prejudice the jurors, the Indiana Court of Appeals has ruled.
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COA affirms remand to prior judge over father’s objection
A special judge appointed in a paternity case ruled correctly that matters in the case remanded by the Court of Appeals should be heard by the prior judge who heard the evidence, the appellate court held in a second appeal on the matter.
COA: Hip-replacement tort cases must be heard where implants were done
Plaintiffs from Mississippi and Virginia may not pursue litigation in Marion County over defective replacement hip devices manufactured in northern Indiana, the Court of Appeals ruled Friday.
Justifiable reason to stop driver enough to confirm subsequent conviction
Although a police officer began following a pick-up truck after he mistakenly ran the wrong license plate number, the driver’s conviction will stand because the officer did not initiate the stop until he observed the driver make a traffic violation.
180 lawyers suspended over CLE, fee or IOLTA violations
The Indiana Supreme Court on Thursday suspended 180 lawyers who failed to pay attorney registration fees, meet continuing legal education requirements or submit certification of Interest on Lawyer Trust Accounts.
Baker to mark 25 years on Court of Appeals
The longest-serving current judge on Indiana’s Court of Appeals will mark his 25th year on the appellate bench June 2.
Opinions May 29, 2014 ILD
Indiana Court of Appeals
Mauricio Reyes-Flores v. State of Indiana (NFP)
49A05-1310-CR-502
Criminal. Affirms convictions of Class C felony criminal recklessness and Class A misdemeanor domestic battery.
Lance Stover v. State of Indiana (NFP)
49A05-1310-CR-507
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.
Holly and Christopher Dunn, Holly and Benjamin Rothenbush, and Tomi and Michael Meyer v. Kathryn Davis and For the Children Medical Mission Foundation, Inc. (NFP)
02A03-1307-PL-269
Civil plenary. Affirms summary judgment to For the Children Medical Mission Foundation on breach of contract and fraud claims.
Anthony Flores v. Blake A. Hudson (NFP)
02A03-1307-PO-279
Protective order. Affirms dismissal of petition for the protective order sought against Hudson.
Ray A. Chamorro v. State of Indiana (NFP)
91A05-1309-CR-445
Criminal. Affirms murder conviction.
Danny Shane Claspell v. State of Indiana (NFP)
18A02-1310-CR-880
Criminal. Affirms conviction of Class C felony child molesting but reverses sentence and remands for it to be reduced to the advisory sentence of four years.
Dejuan D. Cox v. State of Indiana (NFP)
32A01-1310-CR-437
Criminal. Affirms conviction of Class B felony dealing in cocaine; reverses the sentencing order in part and remands for further proceedings.
Robert L. McFall v. State of Indiana (NFP)
62A05-1309-CR-446
Criminal. Affirms conviction of Class A felony dealing methamphetamine within 1,000 feet of a school. Remands for further sentencing proceedings on the charge of possession of paraphernalia.
Akeem Turner v. State of Indiana (NFP)
49A02-1310-CR-900
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.
Steven Sullivan v. State of Indiana (NFP)
49A02-1309-CR-750
Criminal. Affirms denial of petition to issue order terminating parole.
Gabriel Senteney v. State of Indiana (NFP)
49A02-1309-CR-818
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Latroya Rucker v. State of Indiana (NFP)
49A02-1311-CR-918
Criminal. Affirms order that Rucker pay $240 in restitution to the owner of the vehicle whose windshield she smashed.
Betty Woods v. State of Indiana (NFP)
49A02-1309-CR-805
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct but reverses conviction of Class A misdemeanor resisting law enforcement.
Dennis Knight v. State of Indiana (NFP)
71A03-1401-CR-40
Criminal. Affirms conviction of Class B felony robbery.
R.C. v. J.Q. (NFP)
49A04-1308-DR-425
Domestic relation. Affirms the trial court’s denial of father’s motion to continue the final hearing and concludes that father waived his claim of error under Evidence Rule 612. The trial court’s child support order is supported by the evidence. Remands with instructions to issue an order containing findings sufficient to support its decision to restrict father’s parenting time or enter a new order without the restriction.
In re the Paternity of T.T.: D.T. v. S.B. (NFP)
Juvenile. Affirms denial of petition to modify court-ordered child support for T.T.
85A02-1311-JP-1006
Mardel Hill v. State of Indiana (NFP)
02A03-1309-CR-378
Criminal. Affirms convictions and sentence for Class B felony burglary, Class B felony attempted arson, Class D felony criminal mischief and Class D felony intimidation.
The Indiana Tax Court posted no opinions by IL deadline Thursday. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions May 29, 2014
Indiana Supreme Court
Stacy Smith and Robert Smith, Individually and as Co-Personal Representatives of the Estate of Johnny Dupree Smith, Deceased v. Delta Tau Delta, Inc. and Beta Psi Chapter of Delta Tau Delta, et al.
54S01-1405-CT-356
Civil tort. Affirms summary judgment in favor of national fraternity Delta Tau Delta on the Smiths’ wrongful death complaint. There is no designated evidentiary material that shows that the national fraternity had a right to exercise direct day-to-day oversight and control of the behavior of the activities of the local fraternity and its members. Concludes as a matter of law that an agency relationship does not exist between the national fraternity and the local fraternity or its members.
Ohio event to look at Indiana elections
The National Commission on Voting Rights is holding a public hearing in Columbus, Ohio, Friday for anyone with a stake in Indiana and Ohio elections. The event is part of a series of nationwide hearings held to collect testimony on the current landscape of voting and elections in the U.S.
Justices order further proceedings in underinsured motorist coverage case
Because issues of material fact remain regarding the applicable level of underinsured motorist coverage provided by a policy on a semi-tractor trailer, the Indiana Supreme Court reversed summary judgment for the insurance company.
Man kicked out of community corrections for assaulting inmate loses appeal
A community corrections program has the authority to not accept a man after being released from prison because he kicked another inmate in the face while assigned to a community transition program, the Indiana Court of Appeals held Thursday.
Judges affirm expungement of sheriff deputy’s arrest
The Indiana Court of Appeals upheld a trial court’s decision to grant a sheriff deputy’s petition for expungement of his arrest record dealing with four counts of Class D felony theft. His employer argued that he received pay from the police force while working at other jobs.
Sisters can’t prove brother unduly influenced mother in crafting estate plan
The Indiana Court of Appeals affirmed the order by a trial court that the execution of an option contract by a woman to her son was enforceable. The woman’s daughters claimed the contract was a result of undue influence.
Doctor’s statute of limitations defense in med mal claim rejected by justices
A doctor who chose to perform just one biopsy instead of two on a woman who later was diagnosed with cervical cancer is not entitled to summary judgment on his defense asserting the medical malpractice statute of limitations, the Indiana Supreme Court ruled Wednesday.
Justices affirm judgment in favor of national fraternity in wrongful death action
A national fraternity assumed no duty to protect local chapter pledges and is not vicariously liable for the negligence of local chapter officers and representatives, the Indiana Supreme Court ruled Wednesday. The justices affirmed summary judgment for Delta Tau Delta in a wrongful death action brought by a deceased pledge’s family.
Court affirms Steuben County couple’s 2006 real property assessment
A Steuben County couple could not convince the Indiana Tax Court to find that the $292,800 land assessment of their residential property in 2006 was too high.
Dairy Queen did not discriminate against blind employee
The 7th Circuit Court of Appeals affirmed summary judgment in favor of a firm that operates Dairy Queens in Indianapolis on a former employee’s claim the employer violated the Americans with Disabilities Act.
Indianapolis Bar Foundation awards grant to Joseph Maley Foundation
The Indianapolis Bar Foundation has awarded its $35,000 Impact Fund Grant to the Joseph Maley Foundation, the IBF announced Wednesday. The money will fund the Joseph Maley Foundation’s new parent education and pro bono legal assistance program for central Indiana students with individualized education plans.
Opinions May 28, 2014 ILD
Indiana Court of Appeals
Jeremy L. Honaker v. State of Indiana (NFP)
39A01-1306-PC-291
Post conviction. Affirms denial of petition for post-conviction relief.
Napoleon Wilson v. State of Indiana (NFP)
45A04-1308-CR-434
Criminal. Affirms denial of motion to suppress the results of a traffic stop.
Jory D. Peters v. State of Indiana (NFP)
45A03-1305-CR-177
Criminal. Affirms murder conviction.
Idowa Hood v. State of Indiana (NFP)
48A02-1309-CR-828
Criminal. Reverses sentence and orders trial court to resentence Hood and calculate his pretrial credit time in accordance with I.C. 35-38-3-2(b)(4).
In the Matter of the Termination of the Parent-Child Relationship of: S.S. (Minor Child), and S.S. (Mother) v. The Indiana Department of Child Services (NFP)
49A02-1309-JT-784
Juvenile. Affirms order denying mother’s motion for relief under Indiana Trial Rule 60(B) and involuntarily terminating her parental rights.
Rachel M. Swaney and Eric Swaney v. Chrysler Group LLC and Grieger's Motor Sales, Inc. (NFP)
64A03-1401-CT-25
Civil tort. Reverses dismissal of the Swaneys’ complaint for failure to prosecute and remands for further proceedings.
Gary Maxwell v. State of Indiana (NFP)
49A05-1308-CR-427
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated in a manner that endangers a person.
In the Matter of the Termination of the Parent-Child Relationship of: A.C. (Minor Child) and E.C. (Mother) and R.C. (Father) v. The Indiana Department of Child Services (NFP)
48A02-1310-JT-875
Juvenile. Affirms involuntary termination of parental rights.
Johnnie Winford v. State of Indiana (NFP)
22A01-1307-CR-303
Criminal. Affirms conviction of Class C felony nonsupport of a dependent child.
Mercedes Jones v. State of Indiana (NFP)
49A02-1311-CR-962
Criminal. Affirms conviction of Class A misdemeanor theft.
Jeffrey Duncan v. State of Indiana (NFP)
32A01-1310-CR-456
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle with a BAC equivalent to 0.15 and determination as a habitual substance offender.
Kevin A. Deubner v. State of Indiana (NFP)
49A05-1309-CR-439
Criminal. Affirms revocation of placement in community corrections program.
Deandrew Russell v. State of Indiana (NFP)
79A04-1308-CR-389
Criminal. Affirms sentence for Class C felony criminal confinement.
Vincent W. Hren v. State of Indiana (NFP)
32A01-1310-CR-436
Criminal. Affirms sentence for Class D felonies operating a vehicle as a habitual traffic violator and operating a vehicle while intoxicated.
Michael Widup v. State of Indiana (NFP)
49A02-1310-CR-861
Criminal. Affirms conviction for Class A felony child molesting and three convictions of Class C felony child molesting but vacates one conviction of Class C felony child molesting as it violates double jeopardy. Vacates sentence imposed on that count.
William Crockett v. State of Indiana (NFP)
71A04-1307-PC-374
Post conviction. Affirms denial of petition for post-conviction relief.
Jesse Clements v. Davina Curry (NFP)
49A02-1308-CT-713
Civil tort. Affirms dismissal of Clements’ counterclaim, reverses grant of summary judgment to Curry and remands for a hearing.
Rashawn Speed v. State of Indiana (NFP)
35A02-1308-CR-696
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting and Class B felony sexual misconduct with a minor.
Steve D. Boyd v. State of Indiana (NFP)
73A01-1310-CR-438
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class B felony dealing in narcotics.
Justin M. Alexander v. State of Indiana (NFP)
02A03-1310-CR-403, 02A03-1310-CR-404, 02A03-1310-CR-405
Criminal. Affirms convictions and sentences in three separate, but related, criminal appeals. Remands for clarification of the sentencing orders.
Jason Johnson v. State of Indiana (NFP)
49A02-1310-CR-891
Criminal. Affirms convictions of Class D felony residential entry, Class A misdemeanor interference with reporting a crime and Class A misdemeanor conversion.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline Wednesday.
Opinions May 28, 2014
7th Circuit Court of Appeals
Joshua Bunn v. Khoury Enterprises Inc.
13-2292
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms summary judgment for Bunn’s former employer, a Dairy Queen franchise, on his claims that his employer violated the Americans with Disabilities Act. Bunn’s failure-to-accommodate claim falls short because his employer did reasonably accommodate his disability. His disparate treatment claim fails because he has not introduced sufficient evidence to create a triable issue of material fact and because the undisputed facts show that the defendant is entitled to judgment as a matter of law.