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Justices take 3 cases

The Indiana Supreme Court granted transfer to three cases last week, including a lawsuit filed by parents after their severely disabled daughter died at school as a result of choking on food.

COA: Insurer has no liability for dog bite injuries

The Indiana Court of Appeals upheld summary judgment in favor of Auto-Owners Insurance Co. on the issue of whether it had liability to cover the damages sought by the parents of a boy bit by a dog on the insured’s property. The person residing at the home, whose dog bit the boy, was not considered an insured under the policy.

Opinions Dec. 9, 2013 ILD

Indiana Court of Appeals
John Aaron Schoultz III v. State of Indiana (NFP)
36A01-1301-CR-9
Criminal. Affirms convictions of two counts of Class A felony conspiracy to commit murder and 40-year sentence.

Jacob Phipps v. State of Indiana (NFP)
48A05-1303-CR-129
Criminal. Affirms order revoking probation and order Phipps serve the entirety of his previously suspended sentence.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of B.R., Minor Child and His Father, V.R. v. Marion County Department of Child Services and Child Advocates, Inc (NFP)
49A04-1304-JT-156
Juvenile. Affirms involuntary termination of father’s parental rights.

Edward R. Hoffman v. State of Indiana (NFP)
18A02-1307-PC-587
Post conviction. Affirms denial of petition for post-conviction relief.

Jon Alan Young v. State of Indiana (NFP)
18A05-1303-CR-125
Criminal. Affirms 30-month sentence following guilty plea to Class D felony strangulation.

Willie L. Montgomery v. State of Indiana (NFP)
82A05-1305-CR-246
Criminal. Dismisses on interlocutory appeal the denial of motion to dismiss a charge that Montgomery failed to register as a sex or violent offender.

Pamela J. (McConnell) Neal v. David A. McConnell (NFP)
33A01-1305-DR-202
Domestic relation. Affirms modification of child custody, reverses modification of child support and remands for proceedings consistent with the opinion.

Lori A. Cissom v. Review Board of the Indiana Department of Workforce Development and Supreme Indiana Operations, Inc (NFP)
93A02-1304-EX-404
Agency action. Affirms denial by the Review Board of the Indiana Department of Workforce Development of Cissom’s request to reinstate appeal of denial of claim for unemployment benefits.

Joshua Wilson v. State of Indiana (NFP)
33A01-1305-CR-205
Criminal. Affirms sentence following guilty plea to Class D felony theft and Class B misdemeanor criminal mischief.

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. 9, 2013

Indiana Court of Appeals
Lagro Township and Karen Pinkerton Tatro v. George E. Bitzer and Zelma E. Bitzer
85A02-1306-PL-520
Civil plenary. Affirms summary judgment for the Bitzers on Lagro Township’s action seeking to exercise control over an area of land referred to as “the Belden Cemetery,” which is located on land owned by the Bitzers. The statute authorizing a township trustee to exercise control over cemeteries located within the township is inapplicable where the cemetery is located on land on which property taxes have been paid. And here, even though there was a genuine issue of material fact with regard to whether and to what extent the dedication of the Belden Cemetery to the public was accepted by the public through usage, there is no genuine issue of material fact with regard to the Bitzers’ payment of property taxes on the land on which the Belden Cemetery is located for decades. For this reason alone, the township’s claims of authority over the Belden Cemetery must fail.

24 more school corps join IRS lawsuit on employer mandate

Twenty-four additional school corporations have joined the lawsuit filed in October by the state of Indiana and 15 school corporations against the Internal Revenue Service challenging the tax penalties that could be imposed in 2015 under the “employer mandate” of the Affordable Care Act.

Juvenile Detention Alternatives adds 11 counties

Eleven counties have joined the original eight participating in Indiana’s Juvenile Detention Alternatives Initiative, the Indiana Supreme Court announced Monday. The expansion will extend JDAI services to 56 percent of juveniles from 10 to 17 years old.

Deadlines approaching to register for CLE programs

Two opportunities remain in December to receive CLE through Indiana Lawyer's "Practicing Law in Indiana" series.

On Dec. 19, the annual Federal Civil Practice Update – Southern District of Indiana will be presented from 1:30 to 4:45 p.m. at Barnes & Thornburg's downtown Indianapolis office. This program offers three hours of CLE credit, and a brief reception will follow.

Chaired by Barnes & Thornburg partner John Maley, this popular program features presentations by Chief Judge Richard Young, Magistrate Judge William Hussmann and Magistrate Judge Denise LaRue of the Southern District; Magistrate Judge Roger Cosbey of the Northern District; Donald Wall, counsel to the Circuit executive of the 7th Circuit Court of Appeals; and Laura Briggs, clerk of the Southern District.

On Dec. 20, a video replay of this year's sold-out Ethics CLE program, will be presented at Bingham Greenebaum Doll's downtown Indianapolis office from 9:30 to 11:45 a.m. This program offers two hours of CLE ethics credit.

The video replay features a presentation chaired by BGD partner James Bell and includes talks by G. Michael Witte and Dennis McKinney of the Indiana Disciplinary Commission, Barnes & Thornburg partner Donald Lundberg, and attorney Jon Pactor.

To learn more about either of these presentations or to register, visit the Indiana Lawyer events page or contact Kelly Lucas at [email protected].

Opinions Dec. 6, 2013 ILD

Indiana Court of Appeals
Tracy L. Oedzes v. Bryan S. Oedzes (NFP)
45A03-1302-DR-67
Domestic relation. Affirms denial of Tracy Oedzes’ motion for rule to show cause alleging her ex-husband violated the terms of their divorce decree.

The Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

Opinions Dec. 6, 2013

Indiana Court of Appeals
Everett Sweet v. State of Indiana
35A02-1305-PC-451
Post conviction. Affirms denial of Sweet’s pro se petition for post-conviction relief. He argued had he not received ineffective counsel on his motion to suppress, the state’s evidence against him would have been suppressed and he would not have pleaded guilty to Class B felony dealing in methamphetamine. This is not a permissible basis to collaterally attack a guilty plea in Indiana.

Man cannot challenge evidence underlying conviction through PCR

A man sentenced to 18 years after pleading guilty to a methamphetamine charge may not collaterally challenge the evidence underlying his conviction through a petition for post-conviction relief, the Indiana Court of Appeals ruled Friday.

Opinions Dec. 5, 2013

Indiana Court of Appeals
Katherine Ryan v. Larry Janovsky
45A03-1304-DR-145
Domestic relation. Reverses denial of Ryan’s petition for contempt and rule to show cause after Janovsky refused to sign a proposed qualified domestic relations order. The entry of a QDRO is not time-barred.

COA: Bank lacks standing to appeal trust terminations

Old National Bancorp cannot appeal the termination of two trusts it served as a representative of, either in the representative capacity or on an individual capacity, the Indiana Court of Appeals held Thursday. As such, the court dismissed the appeal.

Ex-wife allowed to enter QDRO 20 years after divorce

In a matter of first impression regarding when a qualified domestic relations order must be filed, the Indiana Court of Appeals held that a woman who waited 20 years after her divorce to have her ex-husband sign a QDRO for division of his pension may still be able to submit it.