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Opinions Dec. 23, 2013 ild
Indiana Court of Appeals
Djomon N. Tito v. State of Indiana (NFP)
49A02-1304-CR-315
Criminal. Affirms conviction of Class B misdemeanor battery.
In the Matter of the Termination of the Parent-Child Rel. of: J.S. (Minor Child), and K.G. (Father) v. The Indiana Department of Child Services (NFP)
49A02-1305-JT-438
Juvenile. Affirms termination of parental rights.
In the Matter of the Civil Commitment of: N.F. v. Wishard Health Services, Midtown Community Mental Health Center (NFP)
49A02-1304-MH-306
Mental health. Affirms involuntary commitment.
Shamberley Jones v. State of Indiana (NFP)
49A05-1305-CR-231
Criminal. Affirms decision to impose restitution but remands for recalculation of those damages.
Ethan Sizemore v State of Indiana (NFP)
39A05-1306-CR-271
Criminal. Affirms sentence following guilty plea to Class C felony burglary.
Stardust Development, LLC v. Randy Cassady (NFP)
53A01-1305-PL-210
Civil plenary. Reverses order that certain real estate jointly owned by Stardust Development and Cassady be sold at sheriff’s sale by public auction with no reserve.
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 Dec. 23, 2013
Indiana Court of Appeals
Michael W. Peters, M.D. and Deaconess Hospital, Inc. v. Cynthia S. Kendall and Michael J. Kendall
82A01-1302-PL-55
Civil plenary. Affirms denial of the medical group’s motion for partial summary judgment in the medical malpractice lawsuit brought by the Kendalls. The proof of claim filed by the Kendalls in the liquidation proceedings of Dr. Peters’ insurer does not constitute a binding contract.
Obama appoints McKinney professor to environmental commission
Indiana University Robert H. McKinney School of Law professor Eric Dannenmaier has been appointed to serve as a member of the Joint Public Advisory Committee of the North American Commission for Environmental Cooperation by President Barack Obama.
Judges rule couple did not release medical providers from liability
A trial court appropriately denied the partial summary judgment motion filed by medical providers in a malpractice claim, the Indiana Court of Appeals held, because the plaintiffs did not release the medical group from liability by filing a proof of claim with the doctor’s insurer, which was insolvent and being liquidated.
COA: Deputy not justified in entering backyard
A sheriff’s deputy who tried to serve a protective order was not justified in entering the backyard of a home after no one answered knocking at the front door, the Indiana Court of Appeals ruled. The deputy saw marijuana in the backyard, leading to the homeowner’s arrest.
Newburgh ordinance allows it to block town from providing sewer service
The Indiana Court of Appeals Monday decided that the town of Newburgh was statutorily authorized to pass an ordinance prohibiting others from providing new sewer services to customers within four miles of its corporate boundaries.
Opinions Dec. 20, 2013 ILD
Indiana Court of Appeals
Shubham Chopra v. Shena Pendyala (NFP)
03A01-1305-SC-191
Small claim. Affirms judgment in favor of Pendyala on Chopra’s action seeking damages for the diminished value of Chopra’s car following a collision with the car driven by Pendyala.
James Mira v. State of Indiana (NFP)
49A04-1305-CR-245
Criminal. Affirms conviction of Class D felony theft.
Marcus R. Carter v. State of Indiana (NFP)
02A03-1304-CR-126
Criminal. Affirms eight-year sentence for Class C felony forgery.
Usman Alim Khan v. State of Indiana (NFP)
29A02-1306-CR-470
Criminal. Affirms denial of petition for alternative misdemeanor sentencing.
Timothy G. White v. State of Indiana (NFP)
09A04-1203-CR-140
Criminal. Affirms denial of petition for jail time credit.
In the Matter of the Termination of the Parent-Child Relationship of: S.T., Minor Child, T.T., Father v. Indiana Department of Child Services (NFP)
57A03-1304-JT-150
Juvenile. Affirms involuntary termination of parental rights.
Eugene L. Small v. Brandi L. Foster (NFP)
34A04-1306-JP-274
Juvenile. Affirms denial of father’s petition to modify custody.
In the Matter of the Termination of the Parent-Child Relationship of: Q.M. and E.M., Minor Children, B.M., Father v. Indiana Department of Child Services (NFP)
15A04-1303-JT-142
Juvenile. Affirms involuntary termination of parental rights.
Hervey Clanton v. State of Indiana (NFP)
20A05-1304-CR-194
Criminal. Affirms convictions and sentence for two counts of Class A felony dealing cocaine within 1,000 feet of a family housing complex, one count of Class B felony possession of a firearm by a serious violent felon, and three counts of Class C felony neglect of a dependent.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions Dec. 20, 2013
7th Circuit Court of Appeals
Michael E. Garcia v. Carolyn W. Colvin
13-2120
Civil. Reverses the Social Security Administration’s denial of disability benefits for Michael E. Garcia, finding that the denial was riddled with error and that the record shows Garcia is among the most seriously disabled applicants for disability the Circuit Court has encountered. Remands to the Social Security Administration for proceedings consistent with the opinion.
7th Circuit ‘astonished’ by denial of disability for man in ‘awful shape’
Judges of the 7th Circuit Court of Appeals Friday slapped down the denial of disability benefits for a man they said was among the most severely disabled applicants they had ever seen.
Criminal law committee sends sentencing bill to Legislature
What was called the key to making Indiana’s new criminal code work has received a nod of approval and is now headed to the Legislature.
Gender change does not void Indiana marriage
Indiana law does not automatically void a marriage if one of the parties later is legally recognized as the same gender as the spouse, the Indiana Court of Appeals ruled Friday.
Admission of return of service did not violate Confrontation Clause
In a matter of first impression, the Indiana Court of Appeals Friday concluded that a return of service on a protective order is not testimonial, so its admission at trial did not violate a defendant’s rights under the Confrontation Clause.
Judges affirm criminal reckless conviction
A man who turned his car sharply enough to force his girlfriend out of the car and onto the road had his conviction of Class A misdemeanor criminal recklessness affirmed by the Indiana Court of Appeals.
Judges split on whether jury instruction erroneous
The Indiana Court of Appeals upheld the conviction of a man who shot at police when they attempted to serve a search warrant. The judges were, however, divided as to whether the trial court erred in giving jury instructions on the presumption of innocence.
COA: Jury adequately instructed on presumption of innocence
The Indiana Court of Appeals rejected a man’s argument that his child molestation conviction should be reversed because the trial court did not tender his jury instruction on the presumption of innocence. The judges found the court’s instruction adequately instructed the jury.
Settlement reached in online payday loan class action
More than 6,500 Hoosiers will share $1.35 million in a class-action settlement reached in long-running litigation against an online payday lender that in some cases charged finance fees that exceeded 1,000 percent annual percentage rates.
JQC: Strike Judge Brown’s apology, support from Sullivan in discipline case
Marion Superior Judge Kimberly Brown’s last-minute apology and vouching from former Indiana Justice Frank Sullivan Jr. should not be considered in her disciplinary case, the Judicial Qualifications Commission argued in a brief filed Thursday.
Man’s molestation post-conviction bid fails on appeal
A Morgan County man failed to convince a Court of Appeals panel that ineffective assistance of counsel and prosecutorial misconduct should entitle him to relief from a child molestation conviction.
Appeals court slashes contamination award from $154,632 to $7,383
Court-ordered environmental damages caused by PCB contamination at a Churubusco industrial site were reduced from a total of $154,632 to $7,383 on Thursday by a panel of the Indiana Court of Appeals.