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Opinions Aug. 15, 2013 ILD

Indiana Court of Appeals
Jessica Wilkinson v. State of Indiana (NFP)
33A04-1210-CR-504
Criminal. Affirms convictions of Class A felony dealing in a Schedule III controlled substance within 1,000 feet of a public park, Class B felony dealing in a Schedule III controlled substance, and Class D felony maintaining a common nuisance.

William R. Marks, Jr., v. State of Indiana (NFP)
91A02-1210-CR-881
Criminal. Affirms conviction of Class A felony child molesting.

Mark A. Atherton v. State of Indiana (NFP)
55A01-1211-CR-537
Criminal. Affirms 40-year sentence for Class B burglary and being a habitual offender.

David Newson v. State of Indiana (NFP)
49A04-1302-CR-81
Criminal. Affirms denial of motion to correct erroneous aggregate sentence of 73 years for murder and Class C felony carrying a handgun without a license.

Willie G. Maffett v. State of Indiana (NFP)
82A01-1212-CR-585
Criminal. Affirms conviction of Class D felony theft.

William D. Cornett v. State of Indiana (NFP)
82A01-1302-PC-59
Post conviction. Affirms denial of petition for post-conviction relief.

Antwon Davis v. State of Indiana (NFP)
71A03-1304-CR-130
Criminal. Affirms conviction of Class D felony child molesting.

Chad Matthew Hagan v. State of Indiana (NFP)
76A05-1302-CR-63
Criminal. Affirms combined consecutive sentences from a jury conviction of Class D felony possession of methamphetamine and, in a separate case, from a guilty plea to a Class A misdemeanor invasion of privacy charge.

Auto-Owners Insurance Company v. C & J Real Estate, Inc. (NFP)
49A04-1209-PL-477
Civil plenary. Affirms on interlocutory appeal an order compelling Auto-Owners to produce certain documents containing third-party claims and reserve funds.

In Re the Paternity of C.H.: S.L. v. K.H. (NFP)
64A04-1304-JP-198
Juvenile paternity. Reverses dismissal of putative father’s paternity action and remands for further proceedings.

In Re the Matter of I.E.: J.E. v. W.L. and R.L. and N.V. (NFP)
72A01-1212-JP-567
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/august/08141307ehf.pdf
Juvenile. Affirms in part and reverses in part, affirming grant of father’s motion for change of custody, reverses order granting visitation to guardians, and affirms denial of visitation for mother, finding no such request was made.

Indiana Supreme Court and Indiana Tax court issued no opinions by IL deadline Thursday.
 

Opinions Aug. 15, 2013

7th Circuit Court of Appeals
United States of America v. James Simon
11-1837
Criminal. Affirms jury conviction from the U.S. District Court, Northern District of Indiana, on charges of filing false income tax returns, failing to file reports of foreign bank accounts, mail fraud and financial aid fraud. There was a legal basis for his convictions, and the District Court did not err in limiting defense evidence regarding some of the charges or in rulings on jury instruction.

For want of $2, negligence claim is untimely

A filing fee that was $2 less than required for a negligence claim in Clark County but was corrected and paid in full after the statute of limitations ran out may not proceed, the Indiana Court of Appeals held Thursday.

Massa stays in Rockport power plant case over calls for recusal

Indiana Supreme Court Justice Mark Massa on Wednesday denied a formal motion arguing that he should recuse himself from a pending case concerning the controversial Rockport power plant. The project is backed by a longtime friend of Massa and former aide to Gov. Mitch Daniels, whose administration championed the project.

Opinions Aug. 14, 2013 ILD

Indiana Court of Appeals
In Re the Matter of I.E.: J.E. v. W.L. and R.L. and N.V. (NFP)
72A01-1212-JP-567
Juvenile paternity. Affirms granting of father’s motion for change of custody and declining to award mother visitation with child. Reverses trial court’s order granting visitation rights to the guardians.

Eric D. Smith v. J. David Donahue, Dan McBride, Linda Vannatta, Pam Bane, and Nell Hayes (NFP)
49A02-1201-PL-121
Civil plenary. Affirms trial court’s denial of Smith’s request for a new trial.  

Term. of the Parent-Child Rel. of: M.B. (Minor Child), and B.B. (Mother) v. The Indiana Dept. of Child Services (NFP)
49A05-1212-JT-649
Juvenile. Affirms termination of B.B.’s (mother) parental rights to her daughter, M.B.

James Ticen v. Vicki Ticen (NFP)
06A01-1212-DR-564
Domestic relation. Affirms trial court’s division of assets in the dissolution of James Ticen’s marriage to Vicki Ticen. Concludes the trial court acted within its discretion when it divided the parties’ marital assets and when it ordered James to pay Vicki an equalization payment over time.  

Phillip Rogers v. State of Indiana (NFP)
49A02-1212-CR-987
Criminal. Affirms convictions of three counts of Class D felony theft.

Billy J. Lemond v. State of Indiana (NFP)
63A01-1302-PC-83
Post conviction. Affirms denial of Lemond’s petition for post-conviction relief.  

Jonathon McDonald v. State of Indiana (NFP)
32A01-1210-CR-483
Criminal. Affirms convictions of three counts of child molesting, Class A felonies, and two counts of vicarious sexual gratification, Class B felonies.

 Dwayne E. Gray v. Chase Home Finance, LLC. (NFP)
49A02-1206-MF-576
Mortgage foreclosure. Affirms trial court’s denial of Gray’s motion for summary judgment and striking of his second amended complaint.

Joseph A. Taylor v. Sgt. Rinehart (NFP)
48A02-1304-PL-380
Civil plenary. Affirms trial court’s denial of Taylor’s motion for relief from judgment.

Henry McMullen v. State of Indiana (NFP)
27A02-1209-CR-778
Criminal. Affirms conviction of murder.  

Michael Burnett v. State of Indiana (NFP)
71A05-1304-CR-161
Criminal. Affirms Burnett’s sentence of an aggregate executed term of 28 years following his guilty plea.   

William Gajdik v. State of Indiana (NFP)
15A05-1210-CR-539
Criminal. Affirms conviction and aggregate sentence of 148 years for attempted murder, burglary and robbery.  

Arthur Dale Miller v. State of Indiana (NFP)
38A04-1301-CR-8
Criminal. Dismisses Miller’s appeal for lack of jurisdiction.  

Wilby Stumph v. State of Indiana (NFP)
82A01-1301-CR-32
Criminal. Affirms Stumph’s 17-year sentence for dealing in methamphetamine as a Class B felony and his adjudication as an habitual substance offender.

Lamar Allen Colley v. State of Indiana (NFP)
71A04-1302-CR-75
Criminal. Affirms conviction for battery as a Class A misdemeanor.  

Daljit Gill v. Baldish Gill (NFP)
32A01-1209-DR-436
Domestic relation. Affirms order by trial court which ultimately resulted in the setting aside of the property distribution portion of the marriage dissolution decree and an order for the sale of the marital residence.
 
In the Matter of the Termination of the Parent-Child Relationship of J.B. (Minor Child), and T.S. (Mother) v. The Indiana Department of Child Services (NFP)
79A02-1211-JT-891
Juvenile. Affirms termination of parental rights of T.S. (mother) with regard to J.B. (child).

Nichole Temple v. AM General (NFP)
93A02-1302-EX-164
Civil. Affirms the judgment of the Full Worker’s Compensation Board denying Temple’s request for benefits because she failed to satisfy her burden of proof with regard to the causation of her condition.  

Willie Drew v. State of Indiana (NFP)
02A03-1212-CR-523
Criminal. Affirms convictions for battery as a Class C felony and domestic battery as a Class D felony.  

Willis James Simmons v. State of Indiana (NFP)
71A04-1301-CR-31
Criminal. Affirms three-year sentence for Simmons’ conviction of domestic battery in the presence of his children, a Class D felony, Indiana Code Section 35-42-2-1.3.

Jami C. Sipich v. State of Indiana (NFP)
45A03-1212-CR-524
Criminal. Affirms 37-year sentence for attempted robbery as a Class A felony.

Jodi Sears v. Rachel Rust-Johnisee (NFP)
33A01-1301-PO-31
Protection order. Affirms trial court’s order for protection issued under Indiana Code 34-26-5.

Darod A. Wheeler v. State of Indiana (NFP)
03A01-1212-CR-545
Criminal. Remands with instructions to calculate the credit time Wheeler should receive and an amendment of the abstract of the judgment to reflect the credit. Concludes that Wheeler is entitled to credit for time served and good time credit for the days he was placed on home detention.  
 
Jesse Doyle, Jr., v. State of Indiana (NFP)
15A05-1301-CR-39
Criminal. Affirms in part and reverses in part. Upholds conviction for Class A felony attempted child molesting but vacates the two merged Class A felony child molesting while armed with a deadly weapon convictions.

Randall W. Ogle v. State of Indiana (NFP)
25A03-1301-CR-7
Criminal. Affirms Ogle’s aggregate executed sentence of 10 years for one court of reckless homicide, a Class C felony; one count of possession of a destructive device, a Class C felony; and one court of possession of marijuana in excess of 30 grams, a Class D felony.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decision prior to IL deadline.  

 

Opinions Aug. 14, 2013

Indiana Court of Appeals
Richard Dillon v. State of Indiana
27A05-1210-CR-542
Criminal. Reverses on interlocutory appeal denial of a motion to dismiss a Class D felony charge of operating a vehicle while intoxicated. A divided court ruled that the state’s errant dismissal of an earlier OWI conviction upon which the felony enhancement relied could not be overcome by the state filing a nunc pro tunc motion to correct the mistake after the defendant was charged with drunken driving a second time within five years. Judges Nancy Vaidik and Ezra Friedlander formed the majority from which Judge John Baker dissented, arguing that the court lacked the authority to dismiss a charge upon which conviction was entered, and that defendants should not benefit from scriveners’ errors.

Charge dismissed in error negates felony DUI enhancement

The state’s errant dismissal of a misdemeanor drunken-driving charge in 2009 may not be corrected in order to enhance to a felony a defendant’s second such charge within five years, a divided panel of the Indiana Court of Appeals ruled.

Interim criminal law study committee to examine sentencing questions

The process to correct and clarify House Enrolled Act 1006, the massive piece of legislation overhauling the state’s criminal code, will begin Aug. 15 at the first meeting of the Indiana General Assembly’s Criminal Law and Sentencing Policy Study Committee.

Environmental groups ask Massa to recuse from Rockport case

Justice Mark Massa should recuse himself from hearing an Indiana Supreme Court appeal of a ruling that hindered a proposed multi-billion-dollar coal gasification plant in Rockport, several environmental and consumer groups argue in a brief filed in the case.