Opinions July 1, 2013 ILD
Indiana Court of Appeals and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
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Opinions July 1, 2013
Indiana Supreme Court
N.L. v. State of Indiana
47S01-1302-JV-126
Juvenile. Reverses and remands the trial court order placing N.L. on the sex offender registry, holding that the order was neither issued in connection with an evidentiary hearing nor accompanied by findings.
Historic law firm and young upstart merge in southern Indiana
Two law firms in New Albany are joining together to form a 14-attorney office with expanded practice areas.
Justices reverse juvenile placement on sex offender registry
A juvenile who pleaded guilty to what would have been Class D felony sexual battery if committed by an adult should not have been placed on the sex offender registry, the Indiana Supreme Court ruled Monday.
BP agrees to $7M settlement over tainted gas
BP Products North America will settle a class-action lawsuit resulting from a gasoline recall last year, agreeing to pay $7 million in damages, costs and claims, according to attorneys representing the class.
Indiana Supreme Court endorses new jury instructions for mentally ill defendants
Although it affirmed the judgment of the post-conviction court in denying relief, the Indiana Supreme Court endorsed a change in jury instructions regarding mentally ill defendants.
Opinions June 28, 2013 ILD
Indiana Court of Appeals
Calvin McKeller v. State of Indiana (NFP)
49A02-1209-CR-714
Criminal. Affirms conviction after jury trial of Class B felony robbery.
John P. Schaub v. The Estate of Edward G. Schaub and David Schaub, Personal Representative (NFP)
54A01-1301-PL-11
Civil plenary. Reverses damage award of $12,000. Finds the estate did not meet the burden of proof in proving the elements of a replevin claim. The estate failed to present evidence relative to the value of the recreational vehicle on the date that the possession by John Schaub became wrongful.
Larry G. Brown v. State of Indiana (NFP)
49A2-1208-CR-657
Criminal. Affirms Brown’s convictions and sentences for two counts of Class A felony child molesting.
Christopher Gross v. State of Indiana (NFP)
75A04-1210-CR-647
Criminal. Affirms Gross’ sentence of 30 months of incarceration following his conviction of Class D felony possession of a controlled substance.
Gregory D. Swagger v. State of Indiana (NFP)
90A02-1212-CR-1018
Criminal. Affirms trial court was statutorily authorized to revoke Swagger’s probation and order him to serve the rest of his four-year sentence in the Department of Correction.
Robert J. Lambright, Shirley A. Lambright, and Dutch Land, Inc. a/k/a Dutchland, Inc. v. Dawn M. Gregory, as Guardian for Donna Lee (NFP)
44A04-1211-CC-589
Civil collection. Reverses the grant of summary judgment and remands for further proceedings. Holds the trial court erred by considering a letter from a certified public account that was not properly part of the designated evidence and that there is a genuine issue of material fact as to whether the lenders waived or partially waived enforcement of the penalty provisions.
Brandon Shane Fitch v. State of Indiana (NFP)
27A05-1209-CR-481
Criminal. Affirms convictions of five counts of child molesting, each as a Class C felony.
David Gibbs v. State of Indiana (NFP)
49A05-1208-CR-406
Criminal. Affirms conviction of arson as a Class B felony.
Tony Wombels v. State of Indiana (NFP)
49A05-1212-CR-652
Criminal. Affirms conviction of carjacking, a Class B felony.
Santos Vasquez v. State of Indiana (NFP)
49A04-1301-CR-1
Criminal. Affirms conviction of burglary as a class B felony.
Layne M. Jefferson v. State of Indiana (NFP)
48A02-1211-CR-952
Criminal. Affirms sentence following guilty plea to theft as a Class D felony. Concludes the sentence the trial court imposed – three years in the Indiana Department of Correction with one year executed and to be served at a work release facility, and two years suspended to supervised probation – is specifically tailored with Jefferson’s particular history and rehabilitative issue in mind.
Daniel Drake v. State of Indiana (NFP)
49A02-1212-CR-972
Criminal. Affirms conviction of public intoxication, a Class B misdemeanor.
Gersh Zavodnik v. Michela Rinaldi, et al. (NFP)
49A05-1211-CT-595
Civil tort. Affirms trial court’s dismissal of Zavodnik’s case against Rinaldi pursuant to Indiana Trial Rule 41(E).
The Paternity of P.A.B.; K.B. v. J.L. (NFP)
15A04-1210-GU-518
Guardianship. Affirms trial court’s order terminating guardianship and granting motion for change of custody to the father. Finds the grandmother failed to prove by clear and convincing evidence that P.A.B.’s interests were substantially and significantly served by continued placement with her.
State of Indiana v. Harley Perkins (NFP)
48A02-1210-CR-823
Criminal. Affirms the trial court’s order granting a mistrial and dismissing the charges against Perkins.
Heather Renae Ingle v. State of Indiana (NFP)
29A02-1211-CR-901
Criminal. Affirms Ingle’s convictions of Class A misdemeanor operating while intoxicated endangering a person, Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct.
Re: Termination of the Parent-Child Relationship of J.W,. and K.S. v. Indiana Department of Child Services (NFP)
65A01-1211-JT-535
Juvenile. Affirms termination of father’s parental rights.
Marquis Wilcox v. State of Indiana (NFP)
49A04-1209-CR-456
Criminal. Affirms Wilcox’s convictions on four counts of Class A felony child molesting.
Terrance L. Walton v. State of Indiana (NFP)
02A05-1210-CR-518
Criminal. Affirms convictions of Class C felony carrying a handgun without a license and Class A misdemeanor operating while intoxicated endangering a person.
Jarrell Outlaw v. State of Indiana (NFP)
49A04-1210-CR-521
Criminal. Affirms convictions of Class A misdemeanor auto theft and Class A misdemeanor resisting law enforcement. Also affirms trial court’s order Outlaw pay $166 in court cost.
The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions June 28, 2013
Indiana Supreme Court
Brad W. Passwater v. State of Indiana
48S05-1210-PC-583
Post conviction. Affirms post-conviction court denial of Passwater’s petition for relief. In the decision, the court reconsiders the instructions it approved in Georgopuls v. State, 735 N.E. 2d 1138, 1143 n.3 (Ind. 2000), for juries faced with the option of finding a defendant not responsible by reason of insanity or guilty but mentally ill. The court concluded the instruction provided by the Indiana Pattern Jury Instruction 11.20 is better and approved its use.
Tax court affirms classification of beneficiaries
A Hamilton County judge correctly classified beneficiaries as Class B and Class C transferees, subjecting them to higher taxes under Indiana’s inheritance tax, the Indiana Tax Court ruled Friday.
Justices disapprove of consideration of community outrage when reviewing sentence
The Indiana Supreme Court upheld a man’s 53-year sentence for battery and neglect of dependent convictions, but disagreed with the Court of Appeals’ reasoning for affirming the sentence.
Thoroughbred rep loses appeal over license requirement
A representative of a Thoroughbred horse owners and breeders organization was required to have a license from the Indiana Horse Racing Commission to participate in the group’s activities at the state’s pari-mutuel racetracks, the Indiana Court of Appeals ruled Friday.
Justices: Center Township Small Claims court stays put
What’s been called the state’s busiest court will stay in the City-County Building in Indianapolis, the Indiana Supreme Court ordered Friday, blocking the Center Township trustee’s bid to relocate the court to a location on Fall Creek Parkway.
Appeals panel reverses summary judgment for insurer in hit-and-run
Summary judgment in favor of an insurer should not have been granted in a hit-and-run case, the Indiana Court of Appeals ruled Friday. The court reversed a Marion Superior Court order and held that the hit-and-run driver was uninsured as a matter of law.
BMV reduces license costs that generated class-action suit
Indiana driver’s licenses will be $3.50 less expensive, the Bureau of Motor Vehicles announced Friday in a change taking immediate effect.
Maurer grads second in national ‘fantasy’ SCOTUS competition
A half point is all that separated Indiana University Maurer School of Law’s Bro Bono team from first place and ultimate bragging rights in a competition where teams were asked to predict how U.S. justices would vote on cases this term.
Conour bond revoked, denied funds to file bankruptcy
William Conour, a former leading personal-injury attorney, was led from federal court in handcuffs Thursday after a judge said Conour had misled the court and dissipated assets in violation of bond conditions ahead of his trial on a wire fraud charge.
Judge sends Conour to jail for bond violation
Former leading personal-injury attorney William Conour was led from federal court in handcuffs Thursday after a judge said Conour had misled the court and dissipated assets in violation of bond conditions ahead of his trial on wire fraud.
COA upholds termination of Bloomington high school teacher
Finding that substantial evidence supported the decision by the school board to end Bloomington High School South teacher Stephen Smith’s contract, and that the board followed proper procedures in canceling the contract, the Indiana Court of Appeals upheld the lower court’s affirmation of the board’s decision.
Opinions June 27, 2013 ILD
Indiana Court of Appeals
D.D. v. D.P. (NFP)
49A02-1211-DR-896
Domestic relation. Remands for further proceedings because the trial court applied the incorrect standard for the burden of proof.
Angela Spurgeon v. Review Board of the Indiana Dept. of Workforce Development and French Lick Professional Management, Inc. (NFP)
93A02-1210-EX-861
Agency action. Affirms denial of unemployment benefits.
Timothy Alex Lear v. State of Indiana (NFP)
65A01-1209-CR-426
Criminal. Affirms conviction of murder and 60-year sentence.
Jeffrey Baker v. State of Indiana (NFP)
67A01-1301-PC-1
Post conviction. Affirms denial of petition for post-conviction relief.
Noel Stack v. State of Indiana (NFP)
29A02-1211-CR-951
Criminal. Affirms sentence following guilty plea to Class D felony theft, but reverses restitution order and remands with instructions to vacate the order.
C.S. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-1209-EX-774
Agency action. Affirms denial of unemployment benefits.
S.L. v. State of Indiana (NFP)
49A02-1211-JV-937
Juvenile. Affirms adjudication for child molesting, which would be a Class B felony if committed by an adult.
Noah Mani v. State of Indiana (NFP)
49A05-1211-CR-569
Criminal. Affirms revocation of community corrections placement.
Nephrology Specialists, P.C., Shahabul Arfeen, M.D., Sanjeev Rastogi, M.D., Maher Ajam, M.D., and Raied Abdullah, M.D. v. Asim Chughtai, M.D., Rafael Fletes, M.D., et al. (NFP)
45A03-1212-CT-535
Civil tort. Reverses denial of Nephrology Specialists’ motion for injunctive relief as the trial court abused its discretion in determining that certain non-compete contractual provisions were rescinded following a board meeting.
Jacob K. Smith v. County of Hancock, Indiana (NFP)
33A04-1212-MI-626
Miscellaneous. Affirms dismissal from the Hancock County Sheriff’s Department following a hearing on charges of misconduct.
Gerry Lucas v. State of Indiana (NFP)
49A05-1210-CR-532
Criminal. Affirms conviction of Class A misdemeanor battery.
Leonard Shaw v. State of Indiana (NFP)
71A03-1210-CR-433
Criminal. Affirms three-year sentence for Class D felony counterfeiting.
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 June 27, 2013
Indiana Court of Appeals
Timothy W. Parish v. State of Indiana
64A03-1210-CR-438
Criminal. Finds trial court properly denied Parish’s request for counsel at public expense because he had $130,000 in equity in his house, but the facts and circumstances of the case do not warrant a knowing and intelligent waiver of his right to counsel because the trial court did not advise him of the dangers and disadvantages of self-representation. Remands for a new trial.