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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.

Judges order woman resentenced for health care fraud

The 7th Circuit Court of Appeals found that a woman knowingly and voluntarily pleaded guilty to one count of health care fraud, but it sent her case back to the District Court for resentencing. The District judge violated the ex post facto clause by sentencing her under the wrong version of the sentencing guidelines.

Opinions March 5, 2014

7th Circuit Court of Appeals
United States of America v. Carol Y. Woodard
12-3363
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Criminal. Finds the District Court did not abuse its discretion by not ordering a second competency evaluation because the court reached a reasonable conclusion after it reviewed a previous psychological evaluation, considered the advice of two mental health professionals, and considered Woodard’s interactions with her attorney. Finds the District Court violated the ex post facto clause at sentencing by sentencing her under the wrong version of the sentencing guidelines. Remands for resentencing.

ATF agent’s testimony supports gun conviction

The 7th Circuit Court of Appeals affirmed a man’s weapons conviction Tuesday, ruling that the expert testimony of an agent of the Bureau of Alcohol Tobacco Firearms and Explosives could be used to prove that a gun had crossed state lines.

Judge Kimberly Brown removed from bench by justices

The Indiana Supreme Court removed Marion Superior Judge Kimberly Brown from the bench Tuesday after finding she “engaged in significant judicial misconduct.” The judge had been on paid suspension since Jan. 9 pending final discipline.

Justices remove Judge Kimberly Brown from bench

The Indiana Supreme Court Tuesday afternoon removed Marion Superior Judge Kimberly Brown from the bench. Brown had been on paid suspension since Jan. 9 pending final discipline.

Opinions March 4, 2014 ILD

Indiana Court of Appeals
Jermaine Christopher Scott v. State of Indiana (NFP)
45A05-1307-CR-344
Criminal. Affirms conviction of Class B felony burglary.

Randy L. Madewell v. State of Indiana (NFP)
41A05-1305-CR-254
Criminal. Affirms convictions and sentence for three counts of Class D felony home improvement fraud and three counts of Class B misdemeanor home improvement fraud.

Marcus Pernell v. State of Indiana (NFP)
49A04-1307-CR-345
Criminal. Affirms conviction of Class C felony battery and remands with instructions for the trial court to enter a correct abstract of judgment.

The following Indiana Court of Appeals opinions were posted after IL deadline Monday:
Tanya R. Dawson v. State of Indiana, City of Indianapolis, and Indianapolis Metropolitan Police Department (NFP)
49A02-1308-MI-716
Miscellaneous. Affirms denial of motion for summary judgment in an action filed by the state, city of Indianapolis and the IMPD for forfeiture of Dawson’s 2000 Chevy Tahoe.

Federal Home Loan Mortgage Corporation v. Janice M. Stern (NFP)
82A04-1306-MF-282
Mortgage foreclosure. Reverses summary judgment in favor of Stern in the instant mortgage foreclosure action. Remands for further proceedings.

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 4, 2014

Indiana Court of Appeals
Commonwealth Land Title Insurance Company v. Stephen W. Robertson, Insurance Commissioner of the State of Indiana, et. al.
49A04-1302-PL-84
Civil plenary. Affirms trial court order upholding an administrative order that Commonwealth take certain actions to cure its violations of the Rate Statute, the Unsafe Business Practices Statute and the Gross Premium Tax Statute. Concludes that substantial evidence supports the IDOI’s determination that Commonwealth violated the statutes and that the cures imposed by the IDOI for Commonwealth’s violations of these statutes are authorized by the Cure Statute.