Indiana Court Decisions – Jan. 22 to Feb. 4, 2014
Read recent appellate opinions from Indiana courts.
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IndyBar: Interrogatories – Donald R. Lundberg
He is a graduate of the Indiana University Maurer School of Law – Bloomington. He served as Director of Litigation at the Legal Services Organization of Indiana and as the Executive Secretary of the Indiana Supreme Court Disciplinary Commission before joining Barnes & Thornburg LLP. He is Donald Lundberg, and he has been served with interrogatories.
IndyBar: We Need You! Volunteer to Take a Family Law or Minor Guardianship Pro Bono Case
Since early 2013, the IndyBar and local legal service providers have been teaming up to provide pro bono help in family law cases. As the second year of this joint effort begins, more than 100 cases have been placed and additional volunteers are needed to provide assistance to those in need.
Abrams: The Indianapolis Bar Association and HJR-3
We had several members of the IndyBar, including some board members, ask us to consider adopting a response to HJR-3 for various reasons. After two separate board meetings and hours of discussion at each one, it was clear that emotions were running high on the proposed amendment. We had outstanding discussions with input from every single board member. I am very proud of the approach, candor and intense yet respectful discussions the board had during the process.
Justices to review whether sewer lien can trigger tax sale
The Indiana Supreme Court will review the question of whether a sewer lien placed on a property for unpaid bills is by itself sufficient for the property to be sold at tax sale to satisfy the debt.
Opinions Feb. 10, 2014 ILD
Indiana Court of Appeals
Amy R. Hockett v. State of Indiana (NFP)
89A05-1304-CR-174
Criminal. Affirms conviction and 60-year sentence for murder.
Jonathon Harris v. State of Indiana (NFP)
29A02-1307-CR-655
Criminal. Affirms probation revocation.
Jeffery L. Fleenor, Sr. v. State of Indiana (NFP)
88A01-1307-CR-296
Criminal. Affirms denial of motion to withdraw guilty plea to a charge of Class B felony possession of a firearm by a serious violent felon.
Larry K. Croucher II v. State of Indiana (NFP)
05A02-1302-CR-172
Criminal. Affirms conviction of Class D felony maintaining a common nuisance.
Darin M. Wilson v. State of Indiana (NFP)
84A01-1309-CR-382
Criminal. Affirms 40-year sentence for conviction of Class B felony robbery and habitual offender enhancement.
Charles Thompson v. State of Indiana (NFP)
34A05-1211-CR-578
Criminal. Affirms conviction of Class A felony dealing in methamphetamine and two Class D felony counts of possession of a controlled substance.
Aguila Binion v. State of Indiana (NFP)
71A05-1306-CR-292
Criminal. Affirms conviction of Class D felony strangulation.
The Indiana Supreme Court and Tax Court issued to opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no opinions Monday prior to IL deadline.
Opinions Feb. 10, 2014
7th Circuit Court of Appeals
United States of America v. Timmothy Williams
13-1260
Criminal. Vacates sentence for convictions related to identity theft and remands to the District Court. In accordance with the ruling in Peugh v. United States, 133 S. Ct. 2072, 2078 (2013), sentencing guidelines that were stricter than those in place at the time Williams committed the crime were improperly applied when he was sentenced to 56 months in prison for identity theft convictions plus 24 months for aggravated identity theft. Remands to sentence Williams to 30 to 37 months in prison – the range under the guidelines in place at the time of his offenses.
Lawmakers divided over screening welfare recipients for substance abuse
Legislation that would require welfare recipients to be screened for substance abuse and limit food stamp use to the purchase of "healthy foods" is being debated in the Indiana Statehouse. It's passed the House of Representatives, but questions remain about its cost, constitutionality and desirability as it awaits hearing in the Senate. IBJ has the story.
Shepard offering recommendations for changing legal education to ABA
Retired Indiana Chief Justice Randall Shepard will present the final findings and recommendations of the American Bar Association Task Force on the Future of Legal Education to the ABA House of Delegates Monday.
Recent SCOTUS decision trims identity-theft sentence
An Indiana man convicted of stealing the Social Security numbers of more than 10 people must be sentenced to less time in prison because of a recent Supreme Court of the United States decision, the 7th Circuit Court of Appeals ruled in a five-page opinion Friday.
21st Amendment again shut out of federal cold-beer suit
A federal judge Thursday affirmed a ruling that the Indianapolis-based 21st Amendment package liquor store chain is not entitled to intervene in a federal lawsuit challenging Indiana’s law prohibiting convenience and grocery stores from selling cold beer.
Opinions Feb. 7, 2014 ILD
Indiana Court of Appeals
In the Matter of the Adoption of A.A. and L.A., J.B. and S.B. v. R.C. and N.C. (NFP)
48A04-1304-AD-176
Adoption. Affirms trial court order granting maternal grandparents visitation with adopted children.
Cynthia M. Alvey v. State of Indiana (NFP)
07A01-1307-CR-328
Criminal. Affirms conviction of Class C misdemeanor driving while intoxicated.
Steven Percifield v. State of Indiana (NFP)
73A01-1307-CR-329
Criminal. Affirms order to serve 18-month suspended sentence for probation violation after a conviction of Class D felony operating a vehicle while intoxicated.
In Re the Guardianship of Ruth Carter, an Incompetent Adult, Colleen F. Batt v. Marsha K. Moore (NFP)
91A02-1306-GU-538
Guardianship. Affirms establishment of guardianship.
John Joseph Ramsey II v. State of Indiana (NFP)
32A04-1306-CR-275
Criminal. Affirms revocation of probation.
In Re: Adoption of L.A.C. and S.T.A., S.C. and L.A. v. N.C. and K.R. (NFP)
48A02-1305-AD-462
Adoption. Affirms adoption of minor children without parental consent.
Patsy Moore d/b/a/ Cat Dog Trucking v. Roger Jerrell (NFP)
93A02-1308-EX-693
Agency action. Affirms order awarding worker’s compensation benefits.
Opinions Feb. 7, 2014
7th Circuit Court of Appeals
Gary W. Helman v. Bruce Duhaime, et al.
12-3428
Civil. Affirms summary judgment in favor of defendants in a civil rights suit alleging police used excessive force when they shot Gary Helman, ending an armed standoff that began when authorities attempted to serve a warrant for his arrest at his home in Cromwell. Helman’s § 1983 complaint cannot survive summary judgment because he pleaded guilty to a class D felony count of resisting law enforcement in which evidence showed authorities only fired after Helman reached for his firearm.
Courts warn of fake jury duty calls seeking financial data
State courts are warning of phone scams in which callers allege a penalty for missing jury duty can be resolved by providing financial information to pay a fine.
Performance of desegregation, busing case to celebrate Black History Month
The U.S. District Court for the Southern District of Indiana will host a dramatic interpretation performance of the Indianapolis Public Schools’ historic desegregation and busing case as part of February’s Black History Month Celebration.
7th Circuit: Gunman’s reach for weapon nullifies excessive force claim
A federal court in South Bend rightfully rejected a civil rights claim brought by a man shot by state troopers trying to serve a warrant who found themselves in a six-hour armed standoff, the 7th Circuit Court of Appeals ruled Thursday.
Opinions Feb. 6, 2014 ILD
Indiana Court of Appeals
Charlotte N. McGill v. State of Indiana (NFP)
73A01-1305-CR-217
Criminal. Affirms convictions of one count each of Class D felonies fraud and theft.
Wilfrido Garcia v. State of Indiana (NFP)
03A01-1306-CR-284
Criminal. Affirms sentence for Class C felony carrying a handgun without a license.
M.B. v. A.V. (NFP)
41A04-1305-JP-257
Juvenile. Affirms modification of child support owed by A.V.
Thomas D. Dillman v. State of Indiana (NFP)
53A04-1306-CR-302
Criminal. Reverses denial of motion for release of bond and remands for further proceedings.
Scotwood Industries, Inc. v. David Meats (NFP)
29A05-1305-SC-229
Small claims. Reverses product liability judgment against Scotwood Industries in favor of Meats.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions Feb. 6, 2014
Indiana Supreme Court
Veolia Water Indianapolis, LLC, City of Indianapolis, Department of Waterworks, and City of Indianapolis v. National Trust Insurance Company and FCCI Insurance Company a/s/o Ultra Steak, Inc., et. al.
49S04-1301-PL-8
Civil plenary. Holds that a private, for-profit company under the circumstances of this case is not entitled to common law sovereign immunity from liability for damages resulting from a fire that destroyed a Texas Roadhouse restaurant. Accordingly, affirms the trial court’s rulings that Veolia is not entitled to common law sovereign immunity and that the city is not entitled to statutory sovereign immunity from liability for damages resulting from an inadequate water supply in the hydrants near the restaurant. The city is entitled to common law sovereign immunity, so reverses holding that the city is not entitled to common law sovereign immunity.