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Opinions Nov. 14, 2013 ILD
Indiana Court of Appeals
Donald Warren v. State of Indiana (NFP)
30A01-1301-CR-16
Criminal. Affirms convictions of Class B felonies burglary and conspiracy to commit burglary.
Christopher Roberts v. State of Indiana (NFP)
49A04-1304-CR-199
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of G.H., (Minor Child) and D.H.(Father) v. Marion County Department of Child Services, Child Advocates, Inc. (NFP)
49A02-1303-JT-284
Juvenile. Affirms termination of parental rights.
In Re the Matter of D.H., J.H., A.H., N.H., P.H., S.H., D.H., J.H., and D.H.; Children Alleged to be Children in Need of Services, T.H. (Mother) v. The Indiana Department of Child Services (NFP)
49A02-1304-JC-334
Juvenile. Affirms determination the children are children in need of services.
Louis Shepherd, Jr. v. State of Indiana (NFP)
06A01-1304-CR-169
Criminal. Affirms conviction of Class B felony criminal deviate conduct and sentence. Remands with instructions to correct the judgment of conviction such that it does not reflect a conviction on the Class D felony criminal confinement charge due to double jeopardy issues.
Randy Terrell v. State of Indiana (NFP)
65A04-1303-CR-147
Criminal. Affirms sentence following convictions of Class B felony dealing in methamphetamine, two counts of Class B felony burglary, and Class D felonies possession of chemical reagents or precursors with intent to manufacture a controlled substance, maintaining a common nuisance and two counts of theft.
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 Nov. 14, 2013
Indiana Court of Appeals
Darliss Wert and Gary Wert v. Meridian Security Insurance Company
15A01-1306-CT-252
Civil tort. Reverses summary judgment in favor of the insurance company on the Werts’ underinsured-motorist claim. Provisions in the insurance contract, when read together, make it unclear when the Werts should have filed a lawsuit to preserve their claim and may completely foreclose their ability to file a lawsuit.
COA: Food odors don’t support granting preliminary injunctive relief
In a dispute over smells from a produce business drifting into neighboring businesses, the Indiana Court of Appeals affirmed that the manager of the shopping plaza is not entitled to preliminary injunctive relief for cooking foods without proper ventilation.
Injured woman’s insurance policy provisions are in direct conflict
The Indiana Court of Appeals Thursday agreed with a couple that their auto insurance policy is ambiguous because the two-year contractual limitation provision conflicts with another provision requiring full compliance with the contract.
Courts to allow cameras for National Adoption Day
Selected courts around Indiana have been granted permission through an order of the Indiana Supreme Court to allow cameras to record and broadcast events in observation of National Adoption Day.
Judicial nominating commission vote extended to Dec. 3
Because an untold number of attorneys eligible to vote for a lawyer member of the Judicial Nominating Commission didn’t receive ballots in the mail, the voting deadline has been extended.
Partially bifurcating trial prevented prejudice
A defendant’s argument that he was prejudiced by a trial court’s decision to not fully bifurcate his murder trial failed in the Indiana Supreme Court.
Opinions Nov. 13, 2013 ILD
Indiana Court of Appeals
Timothy W. Mackall, and Stephanie K. Mackall v. Cathedral Trustees, Inc., d/b/a Cathedral High School (NFP)
49A02-1304-CC-290
Civil collections. Affirms trial court award of $47,510 in attorney fees in favor of Cathedral.
In the Matter of E.B. (Minor Child), Child in Need of Services and R.K. (Mother) v. The Indiana Department of Child Services (NFP)
84A01-1303-JC-95
Juvenile. Affirms adjudication of E.B. as a child in need of services.
Billy Bulu Gercilus v. State of Indiana (NFP)
18A02-1303-CR-246
Criminal. Affirms conviction of two counts of Class D felony battery resulting in bodily injury and one count of Class A misdemeanor interfering with the reporting of a crime.
Tammy Price v. Review Board of the Indiana Department of Workforce Development and WC Fern Exposition Services(NFP)
93A02-1304-EX-369
Agency action. Affirms denial of unemployment benefits.
Zigfried Davis v. State of Indiana (NFP)
71A05-1303-CR-124
Criminal. Affirms conviction of Class D felony possession of cocaine.
Shaun A. Fry v. State of Indiana (NFP)
50A03-1305-CR-170
Criminal. Affirms in part and reverses in part convictions after a bench trial of Class D felony operating a vehicle while intoxicated endangering a person, Class A misdemeanor resisting law enforcement and Class C misdemeanor operating a vehicle without receiving a license. Vacates the felony conviction and remands for new trial because there is no evidence in the record that Fry knowingly, voluntarily and intelligently waived his right to a jury trial.
Brenda Painter v. State of Indiana (NFP)
48A02-1304-CR-346
Criminal. Affirms 22-year aggregate sentence for conviction of two counts of Class B felony dealing in methamphetamine.
Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline .
Opinions Nov. 13, 2013
Indiana Supreme Court
Julie Kitchell v. Ted Franklin, as the Mayor of the City of Logansport, and the Common Council of the City of Logansport
09S00-1307-PL-476
Civil plenary. Affirms trial court dismissal of a suit challenging the city’s planned public-private partnership to convert a coal-fired power plant to generate electricity by burning refuse. Justices held that the Indiana Public-Private Agreements statute does not require a local legislative body to adopt an enabling statute before it may issue requests for proposals or begin contract negotiations.
Justices affirm dismissal of Logansport power plant suit
Local units of government may engage in preliminary talks or solicit prospective public-private partners before those units of government have adopted legislation enabling such agreements, the Indiana Supreme Court ruled Wednesday in a challenge to Logansport’s efforts to overhaul a coal-burning power plant.
Sen. Landske diagnosed with lung cancer, will stay in office
Indiana State Sen. Sue Landske (R-Cedar Lake) announced Wednesday that she will undergo treatment for lung cancer but intends to continue to serve after almost 30 years in the Senate.
Possible improper use of risk assessment in sentencing not enough for remand
A man convicted of child molesting and incest will not get a chance to have his 99-year sentence reduced. The Indiana Court of Appeals ruled Wednesday that even though the trial court may have abused its discretion, the sentence was not inappropriate.
Justices affirm rejection of tendered jury instruction
Judges have wide discretion regarding when and whether to use tendered jury instructions, the Indiana Supreme Court ruled in affirming the conviction of a criminal defendant whose proffered instructions on defense of another were rejected.
Drug-dog sniff after traffic stop was rightly suppressed
A southern Indiana trial court rightly suppressed drug evidence gathered after a police drug-sniffing dog indicated the presence of meth in a van after a traffic stop.
Increased bail is abuse of discretion, panel rules
A trial court abused its discretion when it raised a defendant’s bail in a meth possession case, the Indiana Court of Appeals ruled Wednesday.
COA rules preliminary injunction wrongly extended noncompete agreement
In reviewing a dispute over the terms of a noncompete agreement, the Indiana Court of Appeals reminded the trial court that a preliminary injunction has limits.
Menard-Trump federal trial lays bare celebrity-endorsement business
Testimony in the first day of a trial in federal court over a contract dispute between Melania Trump, John Menard and Steve Hilbert also involved former Miss America Katie Stamm, the Kardashian sisters and the former manager of the Menards store in Avon. IBJ has the story.
Opinions Nov. 12, 2013 ILD
Indiana Court of Appeals
James Edward Banks, Jr. v. State of Indiana (NFP)
82A01-1301-CR-38
Criminal. Affirms denial of Banks’ motion to correct erroneous sentence.
Bill R. Clark v. State of Indiana (NFP)
20A03-1304-CR-160
Criminal. Affirms trial court’s order for Clark to pay restitution. Clark argued the court did not inquire about his ability to reimburse the state and his landlord for costs associated with cleaning up his meth lab. The COA rules the presentence investigation report indicated Clark would be able to pay and Clark told the trial court he had the means to pay.
Matthew Townsend v. Lyvonda Townsend (NFP)
31A04-1303-DR-133
Domestic relation. Affirms trial court’s decision to award sole legal and primary physical custody Townsend’s son, E.T., to the boy’s mother.
Derek Lee Morris v. State of Indiana (NFP)
49A02-1304-CR-367
Criminal. Affirms denial of Morris’ petition for educational credit time.
John R. Tyrrell v. State of Indiana (NFP)
29A02-1301-PC-11
Post conviction. Affirms post-conviction court’s denial of Tyrrell’s petition for post-conviction relief.
Larry Harris v. State of Indiana (NFP)
49A04-1211-CR-584
Criminal. Affirms 45-year sentence for one county of Class A felony child molesting.
Mitchell A. Barnes v. State of Indiana (NFP)
84A01-1304-CR-281
Criminal. Affirms aggregated nine-year sentence in exchange for pleading guilty to three counts of Class D felony theft.
The Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Nov. 12, 2013
Indiana Court of Appeals
James Edward Banks, Jr. v. State of Indiana (NFP)
82A01-1301-CR-38
Criminal. Affirms denial of Banks’ motion to correct erroneous sentence.