Law school ranking rumble
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Opinions March 24, 2014 ILD
Indiana Court of Appeals
Albert J. Purcell v. Theresa M. Purcell (NFP)
10A01-1309-DR-390
Domestic. Affirms trial court issuance of a qualified domestic relations order distributing funds from a profit-sharing account owned by the parties before a divorce.
Beatriz Morales v. Housing Authority of South Bend and Attorney General of Indiana (NFP)
71A03-1308-SC-311
Small claims. Affirms trial court order of eviction in favor of the Housing Authority of South Bend.
Becky O'Neal v. Donald O'Neal (NFP)
55A04-1310-DR-484
Domestic. Affirms trial court’s denial of petition to modify parenting time.
The Indiana Supreme Court and Tax Court issued no opinions Monday before IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions before IL deadline.
Opinions March 24, 2014
Indiana Supreme Court
State of Indiana v. I.T.
20S03-1309-JV-583
Juvenile. Affirms juvenile court’s dismissal of a delinquency petition against I.T. that had been filed on the sole basis of a polygraph examination taken while he was receiving treatment as a condition of probation for a delinquency adjudication for what would be Class B felony child molesting if committed by an adult. Finds that the limited immunity in the Juvenile Mental Health Statute, I.C. § 31-32-2-2.5, provides a safe harbor that prevents the state from using statements during court-ordered therapy as the sole basis for juvenile delinquency petitions. Concludes the state may appeal a juvenile court order that suppresses evidence, if doing so terminates the proceeding.
Justices take post-conviction relief case
The Indiana Supreme Court will review the reduction from a Class B felony to a Class D felony of a man’s conviction of criminal confinement.
Was caucus lobbying by legislator an ethics violation?
It is a universally known tenet in government that what happens in caucus stays in caucus. But calls to investigate efforts Indiana House member Eric Turner made while in Republic caucus meetings concerning legislation banning nursing home construction have led to allegations of state ethics rule violations and calls for information. Turner has family members in the nursing home industry, and some believe he crossed the line. IBJ has the latest on the discussion.
Public intoxication conviction tossed for lack of proof of endangerment
A man convicted of public intoxication after a police officer found him near the site where his car had come to a stop between the road and a drainage ditch was improperly convicted, the Indiana Court of Appeals held Monday.
Purdue loses appeal bid to shield discrimination, harassment report
An appellate panel had harsh words for Purdue University’s conduct in shielding a report investigating a former chancellor’s complaint of gender discrimination and harassment against former university president France Cordova.
Public comment invited on Indiana’s child support guidelines
The Domestic Relations Committee of the Indiana Judicial Conference is soliciting public input concerning recommendations for changes to the state’s child support guidelines.
Justices affirm ‘safe harbor’ in Juvenile Mental Health Statute
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.
Agency collecting credit card debt not a creditor, COA rules
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.
Opinions March 21, 2014 ILD
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.
Opinions March 21, 2014
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.
Court won’t seal evidence in Spierer civil suit
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.
Judge to Ballard rep: We’ll decide courts complex site
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.
Opinions March 20, 2014 ILD
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.
Opinions March 20, 2014
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.
Judges reverse felony enhancement for handgun possession
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.
Symposium to look at neuroscience and the law
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.
Complaint for unpaid car loan filed outside of statute of limitations
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.
7th Circuit reinstates case involving ‘anti-slating’ statute
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.