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Indiana Tech Law School settling into new digs, waiting for classes to begin

July 24, 2013

With the students arriving in less than a month, Indiana Tech Law School is opening the doors of its new building and giving academics, lawyers and community members a peek inside.

7th Circuit: Attorney’s deficient performance prejudiced defendant

July 24, 2013

Finding that an appellate attorney opted for a “hopeless sufficiency challenge” instead of the obvious claim challenging the validity of an amended information that elevated a charge to murder, the 7th Circuit Court of Appeals reversed the denial by the federal court of the man’s petition for writ of habeas corpus.

COA: Police escort into home does not violate 4th Amendment

July 24, 2013

In a matter of first impression, the Indiana Court of Appeals Wednesday decided that a police officer’s refusal to allow a defendant to enter his or her residence without being accompanied by an officer until a search warrant has been obtained is a reasonable seizure that does not violate the Fourth Amendment.

Judge: Continuing current sequestration cuts would be ‘devastating’ to justice system

July 24, 2013

A federal judge implored a Senate panel Tuesday to provide sufficient funding for U.S. courts, warning that the general public will lose the access to justice that has been a hallmark of this country.

Opinions July 23, 2013 ILD

July 23, 2013

Indiana Court of Appeals
In The Paternity of J.P.: P.M. (Mother) v. J.P. (Father) (NFP)
71A03-1303-JP-70
Juvenile. Affirms order finding mother in contempt of court.

Michael Walton v. State of Indiana (NFP)
49A02-1212-CR-1013
Criminal. Reverses revocation of community corrections placement.

Julio Joel Delgado v. State of Indiana (NFP)
45A03-1206-CR-271
Criminal. Affirms sentence for Class B felony child molesting.

Anthony Shockley v. State of Indiana (NFP)
49A02-1212-CR-957
Criminal. Affirms convictions of murder and Class C felony attempted robbery, but remands for correction of the abstract of judgment.

Dheeraj Gulati v. Twinkle Gujral (NFP)
29A02-1301-DR-144
Domestic relation. Affirms portion of the trial court’s decree of dissolution concerning international travel with the parties’ minor child E.G.
 
In the Matter of the Adoption of C.A.H., minor; J.N.E. v. L.M.H. (NFP)
49A02-1302-AD-129
Adoption. Affirms order denying the biological mother’s motion for relief of judgment to set aside an adoption decree in favor of L.M.H.

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 July 23, 2013

July 23, 2013

Indiana Court of Appeals
Gared Holdings, LLC v. Best Bolt Products, Inc.
49A02-1210-PL-811
Civil plenary.  Affirms the trial court’s judgment on Gared’s claims of breach of contract and breach of the implied warranty of fitness for a particular purpose as those claims are supported by the evidence. The trial court erred in ruling that Best Bolt was not a merchant. Remands for the trial court to determine whether Best Bolt breached the implied warranty of merchantability, and if so, whether that alters the result of Best Bolt’s counterclaim. Chief Judge Robb concurs in separate opinion and dissents in part.

COA: Court must hold another hearing on custody

July 23, 2013

A trial court may refuse to approve a settlement agreement entered into by parents regarding custody of minor children, the Indiana Court of Appeals pointed out Tuesday, but in this case, the court erred by not granting the father’s motion for a continuance regarding his mental health evaluation.

Appeals court orders more proceedings in pulley lawsuit

July 23, 2013

Finding the trial court shouldn’t have granted summary judgment in favor of a distributor on a buyer’s claim of breach of implied warranty of merchantability regarding pulleys provided by the distributor, the Indiana Court of Appeals remanded to the trial court to take another look at the issue.

ACLU files suit over denial of prisoner’s request to pray in group

July 23, 2013

The American Civil Liberties Union of Indiana announced Monday that it has filed a lawsuit on behalf of a prisoner who practices the African Hebrew Israelite religion because the Pendleton Correctional Facility won’t allow the religious group to congregate for prayer unless a volunteer is present.

Lilly, Simon lawyers make best-paid general counsel list

July 23, 2013

Attorneys for two Indianapolis-based Fortune 500 companies are among the 50 best-paid general counsel, according to a list published Monday by Corporate Counsel Magazine.

Public safety chief to address Marion County probation staff

July 23, 2013

Indianapolis-Marion County Public Safety Director Troy Riggs will be among the featured speakers for an event Wednesday honoring staff of the county probation department.

Opinions July 22, 2013 ILD

July 22, 2013

Indiana Court of Appeals
Daniel J. Chupp v. Wyndham Vacation Ownership, Inc. (NFP)
41A04-1302-SC-48
Small claim. Affirms grant of motion to dismiss Chupp’s notice of small claim and the denial of his motion to reconsider. Also denies Wyndham’s request for attorney fees.

Tony Mays v. State of Indiana (NFP)
84A04-1301-PC-6
Post conviction. Affirms denial of petition for post-conviction relief.

William Joseph VanHorn v. State of Indiana (NFP)
48A02-1212-CR-992
Criminal. Affirms denial of petition for amended abstract of judgment, in which VanHorn requested additional presentence jail credit time.

In Re the Adoption of A.H. and N.H., minor children, D.H., v. A.C.H. (NFP)
17A03-1302-AD-34
Adoption. Affirms the grant of stepmother A.C.H.’s petition to adopt D.H.’s children A.H. and N.H.

Donna M. Brown v. Paul F. Buchmeier and Sally M. Buchmeier d/b/a Fashion Trends (NFP)
33A05-1301-PL-13
Civil plenary. Affirms summary judgment for the Buchmeiers on Brown’s lawsuit alleging breach of duty of care owed to a business invitee by an owner.

Co-Alliance, LLP v. Monticello Farm Service, Inc. (NFP)
91A04-1211-PL-606
Civil plenary. Dismisses appeal by Co-Alliance seeking to challenge a court order favorable to Monticello Farm Service because that order is not a final judgment or an interlocutory order appealable as a matter of right.

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 July 22, 2013

July 22, 2013

Indiana Court of Appeals
Thomas Dexter v. State of Indiana
79A04-1212-CR-611
Criminal. Affirms finding by jury after remand that Dexter is a habitual offender and the sentence enhancement of 30 years on his conviction of Class A felony neglect of a dependent resulting in death. The certified transcript from Dexter’s guilty-plea and sentencing hearing is sufficient to prove one of his underlying felony convictions, and his habitual-offender retrial was not barred by res judicata.

Sewer district owed refund in easement dispute

July 22, 2013

The Indiana Court of Appeals ordered the White Circuit Court clerk to refund the thousands of dollars a sewer district overpaid in damages for easements on a couple’s property to construct sewers. The appellate court held that the trial court improperly admitted the court-appointed appraisal report.

COA affirms second imposition of habitual-offender enhancement

July 22, 2013

A Tippecanoe County man whose sentence enhancement for being a habitual offender was overturned by the Indiana Supreme Court – but later re-imposed after a retrial – was unable to convince the Indiana Court of Appeals that his retrial was barred by res judicata.

Visitation, funeral this weekend for Carmel attorney

July 19, 2013

A longtime attorney from Carmel who died unexpectedly this week will be laid to rest Sunday.

Bail bond issues dominate Commission on Courts meeting

July 19, 2013

Although charged with only one duty, the Commission on Courts has added the controversial topic of bail bonds to its summer study agenda.

Opinions July 19, 2013 ILD

July 19, 2013

Indiana Court of Appeals
Kenneth Scholz v. Lorraine Kirk (NFP)
37A03-1211-PL-493
Civil plenary. Affirms the trial court’s determination of the amount of damages for the rental income for the farmland. Reverses award of prejudgment interest to Kirk.

Sean Johnson v. State of Indiana (NFP)
49A02-1301-CR-8
Criminal. Affirms conviction of Class A misdemeanor dealing marijuana and remands with instructions to vacate Johnson’s conviction for Class A misdemeanor possession of marijuana because of a double jeopardy violation.

Dennis Tiller v. State of Indiana (NFP)
49A02-1211-CR-928
Criminal. Affirms convictions of two counts of child molesting, one as a Class A felony and one as a Class C felony.

David A. Wilson v. State of Indiana (NFP)
55A05-1211-CR-606
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Jesus Mondragon v. State of Indiana (NFP)
49A04-1212-CR-635
Criminal. Affirms conviction of domestic battery as a Class A misdemeanor.

Kathay Van Dyne v. IOM Health Systems LP, d/b/a Lutheran Hospital of Indiana (NFP)
02A04-1211-CT-572
Civil tort. Affirms summary judgment for Lutheran Hospital on Van Dyne’s negligence lawsuit filed on behalf of herself and her husband’s estate.

In the Matter of the Term. of the Parent-Child Rel. of: I.M.A. and L.R.A. (Minor Children), and M.M.H. (Mother) v. Indiana Department of Child Services (NFP)
02A04-1212-JT-634
Juvenile. Affirms termination of parental rights.

Terrence Morris v. State of Indiana (NFP)
49A05-1301-CR-2
Criminal. Affirms conviction of Class B misdemeanor battery.

A.M.D., a Minor by his Parents and Guardians, John Doe and Jane Doe, and John Doe and Jane Doe, Individually v. Young Men's Christian Assoc. of Greater Indianapolis (NFP)
49A04-1211-CT-551
Civil tort. Reverses summary judgment in favor of the YMCA on A.M.D.’s lawsuit alleging negligence.

Lake County Trust Company, Trust 4210, Trust 5061, and Alex Emmanoilidis v. Aox, Inc., and Brian Piunti (NFP)
45A03-1207-PL-309
Civil plenary. Affirms a jury verdict against the trust company as landlord for breach of lease and malicious prosecution.

Louis Cole v. State of Indiana (NFP)
22A01-1211-CR-506
Criminal. Affirms conviction of resisting law enforcement as a Class D felony.

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 July 19, 2013

July 19, 2013

Indiana Court of Appeals
Kenneth Scholz v. Lorraine Kirk (NFP)
37A03-1211-PL-493
Civil plenary. Affirms the trial court’s determination of the amount of damages for the rental income for the farmland. Reverses award of prejudgment interest to Kirk.

ACLU of Indiana to look at civic literacy at August event

July 19, 2013

The August edition of the ACLU’s First Wednesdays program will ask if democracy can survive given the current state of civic literacy in the United States.

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In This Issue

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Immigration attorneys worry how ICE detainees will be treated at two slated Indiana sites

  • Birth certificate changes for seven transgender Hoosiers are in limbo

Most Read
  • Former credit union manager indicted on fraud charges

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • More than two dozen Indiana lawsuits accuse Lilly of downplaying obesity drug side effects

  • Dustin Houchin: Taking a closer look at questions of justice and mercy

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