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Opinions March 10, 2014

Indiana Court of Appeals
Jeff L. Ewing and Renee Ewing, Household Finance Corporation III v. U.S. Bank, N.A., as Trustee for the Structured Asset Securities Corp., Series 2005-GEL4
50A03-1308-MF-327
Mortgage foreclosure. Finds summary judgment in favor of U.S. Bank was appropriate. Also affirms U.S. Bank’s motion to dismiss the Ewings’ supplemental complaint for failure to state a claim upon which relief could be granted. The Ewings argued the bank failed to act in good faith during the settlement discussions as required by the Alternative Dispute Resolution rules. The COA held the settlement talks were not a mediation, so the A.D.R. rules did not apply.

Federal suit filed against Indiana marriage statute

While Indiana’s same-sex marriage amendment is on hold in the Legislature, a challenge to the state’s law banning same-sex marriage was filed March 7 in U.S. District Court for the Southern District of Indiana.

Opinions March 7, 2014 ILD

Indiana Court of Appeals
Jimel Pimpton v. State of Indiana (NFP)
49A02-1308-CR-676
Criminal. Affirms revocation of placement in community corrections.

Deangelo LaJuan Curry v. State of Indiana (NFP)
02A05-1308-CR-432
Criminal. Affirms conviction of Class D felony possession of marijuana and resisting law enforcement.

Xxavier Jones v. State of Indiana (NFP)
79A02-1308-CR-705
Criminal. Affirms aggregate 30-year sentence for conviction of Class B felony robbery, two counts of Class B felony criminal confinement and Class D felony theft.

In the Matter of the Termination of the Parent-Child Relationship of: H.W. (Minor Child) and B.M. (Father); B.M. v. The Indiana Department of Child Services (NFP)
49A02-1308-JT-722
Juvenile. Affirms termination of parental rights.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
 

Opinions March 6, 2014 ILD

Indiana Court of Appeals
Michael Williams v. State of Indiana (NFP)
49A02-1307-CR-569
Criminal. Affirms conviction of Class A misdemeanor battery resulting in bodily injury.

Mellondie Bensen v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1311-EX-920
Agency action. Affirms denial of claim for certain unemployment benefits.

Richard A. Perkey v. State of Indiana (NFP)
20A03-1303-CR-77
Criminal. Affirms conviction of Class B felony rape.

Zao Burrell v. State of Indiana (NFP)
76A03-1305-CR-165
Criminal. Affirms sentence for murder, Class A felony attempted murder and Class A misdemeanor carrying a handgun without a license.

In the Matter of the Termination of the Parent-Child Relationship of: M.M., G.M., and D.M., K.M. (Mother) and R.M. (Father) v. The Indiana Department of Child Services (NFP)
26A01-1308-JT-345
Juvenile. Affirms termination of parental rights.

Eric Keith v. Indiana Bell (NFP)
93A02-1308-EX-758
Agency action. Affirms determination Keith is not entitled to additional benefits under the Indiana Worker’s Compensation Act.

Craig Hoog v. State of Indiana (NFP)
49A05-1308-CR-392
Criminal. Affirms conviction of Class C misdemeanor failure to stop after an accident resulting in property damage but reverses conviction of Class A misdemeanor resisting law enforcement.

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 6, 2014

Indiana Supreme Court
Fayette County Board of Commissioners v. Howard Price
21S04-1308-PL-530
Civil plenary. Reverses the trial court and remands this cause for the entry of summary judgment in favor of the board. Holds that the employment decision by the Fayette County Board of Commissioners with respect to Howard Price is not subject to judicial review.

Mental health witnesses, nonsupport bills move to governor’s desk

The Indiana Senate Wednesday concurred with changes made to legislation outlining who a court may appoint in determining whether a defendant is insane. On Tuesday, senators approved language in the expungement bill granting the Board of Law Examiners access to sealed expunged conviction records.

COA: Buyer complied with notice statutes for obtaining tax deed

Noting that the parties and trial court did not follow the established procedures to set aside a tax deed, the Indiana Court of Appeals held that the court erred in finding a buyer’s notices sent certified mail were statutorily deficient. The notices did not request return receipt.

Feds find numerous issues at state workplace-safety agency

Indiana’s workplace safety agency mishandled complaints, put its inspectors under strict time constraints, failed to help whistleblowers and even declined to inspect an Indianapolis Power & Light plant last spring after workers reported a dust explosion, according to findings by federal investigators issued in a report Wednesday. The IBJ's Kathleen McLaughlin has more about the Occupational Safety and Health Administration's investigation.

IU Maurer moot court judges include justice, bankruptcy judge

Indiana Justice Loretta H. Rush and U.S. Bankruptcy Judge Robyn L. Moberly of the Southern District of Indiana will join three others Friday in presiding over the final round of Indiana University Maurer School of Law’s annual Sherman Minton Moot Court Competition.