Indianapolis to host ALJ midyear conference
The National Association of Administrative Law Judiciary’s Midyear Conference is coming to Indianapolis April 6 – 8. This is the first time the city has hosted the event.
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Opinions March 3, 2014 ILD
Indiana Court of Appeals
Shearece M. Love v. State of Indiana (NFP)
02A04-1308-CR-400
Criminal. Affirms conviction of Class B felony robbery.
In Re the Involuntary Termination of the Parent-Child Relationship of D.D. and J.D.: D.H. (Mother) and J.P.D. (Father) v. The Indiana Department of Child Services (NFP)
18A02-1307-JT-657
Juvenile. Affirms termination of parental rights.
Suzanne Throgmartin v. Wilson S. Stober and Christopher E. Clark (NFP)
49A02-1307-CT-656
Civil tort. Reverses order granting Stober’s and Clark’s motion for summary judgment and denial of Throgmartin’s motion to correct error pertaining to the summary judgment entered on her legal malpractice claim.
Cornell Johnson v. State of Indiana (NFP)
71A03-1308-CR-321
Criminal. Affirms convictions of Class D felony maintaining a common nuisance and Class B felony dealing in cocaine.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.C., Minor Child, and his Father, M.C., M.C. v. Indiana Department of Child Services (NFP)
49A02-1308-JT-671
Juvenile. Affirms termination of parental rights.
Timothy J. Tkachik v. State of Indiana (NFP)
45A05-1308-CR-417
Criminal. Affirms sentence following guilty plea to two counts of Class A felony neglect of a dependent.
Dawn Jackson v. State of Indiana (NFP)
29A02-1308-CR-711
Criminal. Affirms convictions of 11 counts of Class D felony counterfeiting.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions March 3, 2014
Indiana Court of Appeals
Joseph and M. Carmen Wysocki v. Barbara A. and William T. Johnson, both individually and as Trustees of the Barbara A. Johnson Living Trust
45A03-1309-CT-385
Civil tort. Affirms denial of the Wysockis’ request for attorney fees and additional damages under the Indiana Crime Victims Relief Act. The Wysockis were not victims of the criminal offense of fraud because the Johnsons were not charged with that crime in relation to the sale of the house, much less convicted of it in a court of law. In the absence of such a conviction, the CVRA does not apply.
Couple not entitled to attorney fees under Crime Victims Relief Act
The Indiana Court of Appeals has affirmed that a Lake County couple who won a fraudulent misrepresentation judgment against the previous owners of the couple’s home are not entitled to certain fees under the Indiana Crime Victims Relief Act.
COA: Trial court is wrong to order shareholders to pay attorney fees
In a case that stems from a failed transaction in 2000 to purchase an event-decorating company, the Indiana Court of Appeals has reversed the order that shareholders of a corporation are liable for attorney fees on a wrongful stop-payment claim.
Panther racing sues over sponsor deal
Indianapolis-based Panther Racing Inc. is suing Rahal Letterman Lanigan Racing, IndyCar and others, alleging it lost a $17.2 million sponsorship with the Army National Guard because of bid-rigging and other improprieties. IBJ.com has more.
Indiana Supreme Court awards more than $232,000 in grants to counties
The Indiana Supreme Court has awarded $232,470 in grant money to 23 counties to support local family court projects. Since the Family Court project began in 1999, the Supreme Court had distributed more than $3 million in “seed money” to support family court projects.
Appeals court denies man’s request to be removed from sex offender registry
Using the “intents-effects” test, the Indiana Court of Appeals has affirmed that the additional registration requirements imposed on a man on the sex offender registry after a 2006 change in the law do not amount to an impermissible ex post facto violation.
Opinions Feb. 28, 2014 ILD
Indiana Court of Appeals
Eddie Hughes v. State of Indiana (NFP)
49A04-1307-CR-334
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.
Terry Lee Duckworth v. State of Indiana (NFP)
48A02-1307-CR-582
Criminal. Affirms sentence for Class D felony sexual battery.
In the Matter of the Termination of the Parent-Child Relationship of Q.L. and M.L., M.F., Jr., and N.L. v. Indiana Department of Child Services (NFP)
02A03-1308-JT-344
Juvenile. Affirms termination of parental rights.
Debra Sue Miles v. State of Indiana (NFP)
82A01-1304-CR-179
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.
Joy Elaine Gwinn v. Harry J. Kloeppel & Associates, Inc (NFP)
33A04-1306-CT-307
Civil tort. Reverses summary judgment in favor of Harry J. Kloeppel & Associates on Gwinn’s claim for negligence.
Mario Sims, Sr., and Tiffiny Sims, et al. v. The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificate Holders CWABS, Inc., et al. (NFP)
71A03-1305-MF-261
Mortgage foreclosure. Affirms summary judgment in favor of the bank on its complaint to foreclose on its mortgage.
Scott Logan v. State of Indiana (NFP)
20A05-1304-CR-192
Criminal. Affirms conviction of Class C felony child molestation.
D.K. v. State of Indiana (NFP)
08A02-1308-JV-734
Juvenile. Affirms finding that D.K. committed what would be Class A misdemeanor battery if committed by an adult.
Alonzo Golston Williams III v. State of Indiana (NFP)
18A02-1307-CR-624
Criminal. Affirms conviction of Class D felony intimidation.
David Ball v. State of Indiana (NFP)
48A04-1308-CR-416
Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance.
Joshua Basey v. State of Indiana (NFP)
48A05-1303-CR-138
Criminal. Affirms convictions of Class B felony aggravated battery and Class C felony criminal confinement in bodily injury.
James A. Lynn v. State of Indiana (NFP)
70A04-1307-CR-317
Criminal. Affirms convictions and sentence for Class B felony burglary and Class D felony theft.
Deion Taylor v. State of Indiana (NFP)
49A05-1307-CR-340
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Stewart Gase v. State of Indiana (NFP)
01A02-1306-PC-530
Post conviction. Affirms denial of petition for post-conviction relief.
Leon Rice, Inc. v. Review Board of the Indiana Department of Workforce Development and Roger Anderson (NFP)
93A02-1306-EX-477
Agency action. Affirms determination that Anderson is eligible for unemployment benefits.
Johnny Leon Burchett v. State of Indiana (NFP)
73A01-1303-CR-97
Criminal. Affirms denial of motion for continuance and request to withdraw guilty plea.
Christopher M. Galvan v. State of Indiana (NFP)
45A05-1308-CR-387
Criminal. Affirms conviction of Class C felony child molesting.
In the Matter of the Adoption of O.R.: N.R. v. K.G. and C.G. (NFP)
21A01-1307-AD-322
Adoption. Dismisses appeal of order granting petition of C.G. and K.G. to adopt O.R. for lack of subject matter jurisdiction.
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.
Opinions Feb. 28, 2014
Indiana Court of Appeals
Mary L. Anderson v. Wayne Post 64, American Legion Corp.
49A05-1309-CT-442
Civil tort. Affirms order setting aside its default judgment against Wayne Post 64, American Legion Corp. Anderson failed to serve the American Legion in a manner authorized by the Indiana Trial Rules.
COA affirms the voiding of $500,000 default judgment against American Legion post
A Marion Superior court correctly set aside default judgment against an American Legion post after finding the method employed to serve process on the organization was not the best way to inform it of a woman’s lawsuit, the Indiana Court of Appeals ruled.
Senate prepares for possible winter storm
With an impending winter storm taking aim at Indiana this weekend, the Indiana Senate passed a motion Thursday just in case session has to be cancelled Monday.
Opinions Feb. 27, 2014 ILD
Indiana Court of Appeals
Kathy K. Brunner v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1307-EX-592
Agency action. Affirms denial of claim for unemployment benefits.
M.M. v. State of Indiana (NFP)
49A05-1307-JV-367
Juvenile. Affirms adjudication as a delinquent child for committing an act that would be Class A misdemeanor criminal mischief if committed by an adult.
Brad S. Brown v. State of Indiana (NFP)
90A02-1306-CR-485
Criminal. Reverses conviction of Class C felony robbery and affirms convictions of Class B felony robbery and Class D felony domestic battery.
Michael L. Wilson v. State of Indiana (NFP)
20A04-1109-CR-531
Criminal. Affirms conviction of Class B felony burglary and adjudication as a habitual offender.
Jose Ayala Cuevas v. State of Indiana (NFP)
29A04-1306-CR-298
Criminal. Affirms convictions of Class A misdemeanor criminal recklessness and Class B misdemeanor reckless driving.
Anna Marie Kelley v. State of Indiana (NFP)
27A05-1307-CR-333
Criminal. Affirms conviction and sentence for Class D felony auto theft.
David E. Matney v. State of Indiana (NFP)
55A01-1308-CR-372
Criminal. Affirms conviction of Class D felony auto theft.
David Burroughs v. State of Indiana (NFP)
49A04-1307-CR-360
Criminal. Affirms conviction of Class C felony burglary.
Paul Farrell v. Deborah Farrell (NFP)
40A01-1307-DR-305
Domestic relation. Affirms in part. Concludes that the trial court did not abuse its discretion in the calculation and distribution of the marital estate. Remands with instructions for the trial court to replace the joint and several liability language consistent with its intent that the medical debt be equally divided between the parties.
Johnny D. Wayt v. State of Indiana (NFP)
36A05-1307-PC-338
Post conviction. Affirms denial of petition for post-conviction relief.
In the Matter of the Civil Commitment of: E.G. v. Eskenazi Health Midtown Community Mental Health Center (NFP)
49A02-1308-MH-724
Mental health. Affirms order concluding that Midtown proved by clear and convincing evidence that E.G. was dangerous to others and ordering him to take his prescribed medications.
Rapkin Group, Inc., as a minority Member on behalf and for the benefit of The Eye Center Group, LLC and Surgicenter Group, LLC. v. L. Marshall Roch, M.D. and Lynnette M. Watkins, M.D. (NFP)
18A02-1302-CT-193
Civil tort. Affirms summary judgment in favor of Drs. Roch and Watkins in Rapkin’s claim for actual fraud, constructive fraud and breach of fiduciary duty.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions Feb. 27, 2014
7th Circuit Court of Appeals
United States of America v. John A. Peters III
12-3830
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Criminal. Affirms denial of motion to suppress evidence discovered during the search of a car in which Peters was a passenger. The District Court committed no error in crediting the testimony of an experienced police officer who, after observing two cars traveling in tandem for a period of time, said he credibly believed that the trailing car was approximately 75 feet behind the lead car at a speed of approximately 60 miles-per-hour. If an officer knowing these facts could reasonably conclude that this combination of speed and distance violated Indiana law, that is all that is necessary to support probable cause.
7th Circuit affirms denial of motion to suppress search of car
The 7th Circuit Court of Appeals has upheld the denial of an automobile passenger’s motion to suppress evidence found in the car during a traffic stop, which led to his eventual pleading guilty to a heroin offense. The judges found no error by the District judge in crediting the testimony of the police officer who pulled the vehicle over because he believed the speed it was traveling and distance to the car in front of it violated Indiana law.
Judge orders Floyd County to pay Camm defense attorneys’ bills
The dispute over trial expenses between the attorneys representing David Camm and Floyd County came closer to a resolution Wednesday with Judge Jonathan Dartt ordering the county auditor to pay about $140,000.
Judges split over Fourth Amendment violation
Two of the three judges on an Indiana Court of Appeals panel affirmed the suppression of marijuana and a pipe found on a man during a traffic stop, with the dissenting judge believing there was no infringement on the man’s Fourth Amendment rights.
Mother’s appeal of termination of parental rights dismissed
The Indiana Court of Appeals has dismissed a mother’s appeal from the order terminating her parental rights to her twins, ruling she forfeited her right to appeal because she failed to file a timely notice of appeal.
Appellate court reinstates habitual traffic violator charge
Finding a trial court abused its discretion when it granted a man’s motion to dismiss a Class D felony operating a vehicle as a habitual traffic violator charge, the Indiana Court of Appeals reversed and ordered the charge reinstated.
Settlement of federal case requires Indianapolis police to revise procedure
As part of a settlement to a federal civil rights case, the Indianapolis Metropolitan Police Department will be instituting a new policy prohibiting police officers from interfering with civilians who are recording their actions.