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Opinions June 17, 2013 ILD

Indiana Court of Appeals
Term. of the Parent-Child Rel. of: C.L.F., D.K.F., & C.S.F. (Minor Children) and M.F. (Father) & C.J.F. (Mother) v. The Indiana Dept. of Child Services (NFP)
45A03-1210-JT-416
Juvenile termination. Affirmed judgment terminating the parental rights of both the mother and father.

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

Opinions June 14, 2013 ILD

Indiana Court of Appeals
Serafin Sanchez v. State of Indiana (NFP)
49A04-1206-CR-318
Criminal. Affirms in a divided opinion the jury convictions of two counts of murder over Sanchez’s insanity defense. Chief Judge Margret Robb dissented, arguing that a jury instruction erroneously raised the burden of proof for the insanity defense from a preponderance of the evidence to beyond a reasonable doubt.

Reggie T. Johnson v. State of Indiana (NFP)
18A04-1211-CR-569
Criminal. Affirms convictions of Class C felony possession of a controlled substance and Class A misdemeanor possession of marijuana.  

Jimmy D. Jones v. State of Indiana (NFP)
49A04-1204-PC-196
Post conviction. Affirms denial of post-conviction relief from convictions of Class A felony attempted murder and carrying a handgun without a license.

Nathan Warren v. State of Indiana (NFP)
03A05-1201-CR-31
Criminal. Affirms convictions of Class C felony stalking, Class D felony stalking, and Class D felony attempted inducement of obstruction of justice. Remands for the trial court to calculate Warren’s credit for time served prior to sentencing.

Larry Robert David, II, as Special Administrator of the Estate of Lisa Marie David, Deceased v. William Kleckner, M.D. (NFP)
49A02-1301-MI-13
Miscellaneous/estate. Affirms grant of summary judgment in favor of William Kleckner, M.D.

Indiana Tax Court issued no opinions by IL deadline Friday.
 

Opinions June 14, 2013

7th Circuit Court of Appeals
Jason Findlay v. Jonathan Lendermon
12-3881
Civil/excessive use of force. Reverses District Court denial of summary judgment in favor of Deputy Sheriff Jonathan Lendermon, holding that Findlay has not met a burden of proof showing a violation of a clearly established right when Lendermon grabbed his arm to prevent him from picking up a memory card believed to contain surveillance video of Findlay’s admission of trespassing.

Indiana General Assembly to review ISTEP debacle next week

Review of the Indiana Statewide Testing for Educational Progress moves to the Statehouse next week with the Indiana General Assembly’s Commission on Education scheduled to hear testimony about the ISTEP testing debacle that occurred in April.

Justices affirm conviction but remand for new sentencing order

A man sentenced to 14 years in prison for his convictions on multiple felony gun and drug charges will still have to serve the time, but the court must revise the sentencing order to explain why one conviction was ordered to be served consecutive to the others.

Justices schedule high-profile arguments

Justices will waste little time getting to high-profile cases when they hear a new slate of oral arguments after Labor Day. The Indiana Supreme Court has scheduled 20 arguments beginning Sept. 5 and continuing for the next few months.

Conour still free though judge ‘deeply, deeply concerned’

Former leading personal-injury attorney William Conour remained free Thursday pending his wire fraud trial after a federal judge withheld ruling on the government’s bid to revoke his bond on claims that he dissipated assets against court orders.

Opinions June 13, 2013 ILD

Indiana Court of Appeals
A.P. v. Review Board of the Indiana Dept. of Workforce Development and UGN, Inc. (NFP)
93A02-1210-EX-804
Agency action. Affirms denial of unemployment benefits.

Deborah K. Wagner as Guardian of the Person and Estate of Harry L. Tillman v. Jeffrey L. Finney as Guardian of the Person and Estate of R. Virginia Tillman (NFP)
82A05-1207-GU-375
Guardianship. Affirms order enforcing a prenuptial provision for spousal support upon petition by Finney. Remands for clarification of the payee of attorney fees.

Richard Young v. State of Indiana (NFP)
79A04-1206-CR-310
Criminal. Affirms convictions and sentence for one count each of Class A felonies conspiracy to commit dealing in methamphetamine and dealing in methamphetamine (manufacturing).

Juan A. Gonzales v. State of Indiana (NFP)
45A03-1210-PC-421
Post conviction. Affirms denial of petition for post-conviction relief.

Brandan Bellamy v. State of Indiana (NFP)
49A02-1210-CR-866
Criminal. Affirms conviction of Class C felony battery.

Stephen L. Gilmore v. State of Indiana (NFP)
40A01-1207-CR-321
Criminal. Affirms conviction and sentence for Class C felony reckless homicide.

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 13, 2013

Indiana Court of Appeals
Re: the Name Change of Jane Doe, Petitioner, Mary Doe, a Minor, and Baby Doe, a Minor
49A02-1211-MI-894
Miscellaneous. Affirms denial of mother Jane Doe’s petition to change her and her children’s names without publishing notice of the change based on the evidence in the record and current law. Mother may be able to protect some information from public record by going through Administrative Rule 9, but she did not choose to do so.

SCOTUS rules on Myriad BRCA1, BRCA2 patent case

A naturally occurring DNA segment is not eligible for a patent simply because it has been isolated, the Supreme Court of the United States ruled Thursday. DNA that is not a product of nature may be patent eligible, however.

Mother should have used Admin. Rule 9 in attempt to change name anonymously

The Indiana Court of Appeals upheld the denial of a mother’s request to sidestep the notice requirements in her quest to change her name and the names of her two children anonymously because she wanted to avoid detection from her abusive partner. The appeals court noted that Administrative Rule 9 would have given her the opportunity to proceed anonymously.

House, Senate override veto of HEA 1546

Indiana legislators gathered Wednesday on the first regular technical session of the 118th General Assembly to vote on whether to override Gov. Mike Pence’s veto of House Enrolled Act 1546, a bill concerning tax administration matters. Pence vetoed the bill over concerns about retroactive approval of taxes collected in Jackson and Pulaski counties.

Opinions June 12, 2013 ILD

Indiana Court of Appeals
Mark Kevin Liston v. State of Indiana (NFP)
45A05-1207-CR-385
Criminal. Grants rehearing and reverses the trial judge’s rescission of the referee’s order granting Liston post-conviction relief. Remands for proceedings.

Shaun Wilkinson v. State of Indiana (NFP)
33A04-1209-CR-478
Criminal. Affirms convictions of Class A felonies dealing in a schedule III controlled substance within 1,000 feet of a family housing unit.

Allen Stewart v. Jennifer Miller (NFP)
53A01-1212-PO-541
Protective order. Affirms order of protection issued at the request of Miller.

Robert O. Morris v. State of Indiana (NFP)
49A04-1211-CR-571
Criminal. Affirms conviction of Class C felony battery.

Stanley B. Crumble a/k/a Melvin Coleman v. State of Indiana (NFP)
32A01-1211-PC-487
Post conviction. Affirms denial of petition for post-conviction relief.

Tarrence Lee v. State of Indiana (NFP)
71A03-1301-CR-5
Criminal. Affirms murder conviction.

E.W. v. State of Indiana (NFP)
49A02-1211-JV-918
Juvenile. Affirms adjudication for committing what would be Class A misdemeanor criminal trespass if committed by an adult.

City of Jeffersonville, Indiana and City of Jeffersonville Sanitary Sewer Board v. Environmental Management Corporation (NFP)
10A01-1210-PL-485
Civil plenary. Reverses the trial court’s award of attorney fees in favor of Environmental Management Corporation and remands with instructions.

Tyrone Walker v. State of Indiana (NFP)
49A02-1211-CR-933
Criminal. Reverses conviction of Class A misdemeanor possession of marijuana.

Term. of Parent-Child Rel. of Q.R., J.B., and J.R. v. Indiana Department of Child Services (NFP)
80A02-1211-JT-909
Juvenile. Affirms termination of parental rights.

Jawyan James Townes v. State of Indiana (NFP)
02A03-1210-CR-441
Criminal. Affirms conviction of Class D felony possession of marijuana.

Sherard Taylor v. State of Indiana (NFP)
49A02-1210-CR-794
Criminal. Affirms conviction of Class C felony fraud on a financial institution.

Edward T. Bronaugh v. State of Indiana (NFP)
49A02-1210-CR-832
Criminal. Affirms convictions of Class D felonies battery and residential entry, Class A misdemeanor resisting law enforcement, Class B misdemeanors disorderly conduct and public intoxication and Class C misdemeanor public nudity.

Tracey B. Young v. State of Indiana (NFP)
45A05-1210-CR-525
Criminal. Affirms convictions of Class C felony and Class D felony criminal confinement, Class D felony strangulation and Class D felony domestic battery.

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 12, 2013

Indiana Court of Appeals
John H. Mooney, as Special Administrator of the Estate of Joseph S. Mooney, Deceased v. Anonymous M.D. 4, Anonymous M.D. 5, and Anonymous Hospital
32A04-1208-CT-414
Civil tort. Reverses order dismissing with prejudice Mooney’s proposed complaint for damages in a medical malpractice action. The trial court did not have jurisdiction to dismiss under Trial Rule 41(E), and it abused its discretion when it dismissed the proposed complaint under I.C. 34-18-10-14.

Appeals court reinstates proposed med mal complaint

Finding that a Hendricks County court didn’t have jurisdiction to dismiss a man’s proposed complaint for damages under Trial Rule 41(E) or based on noncompliance under the Medical Malpractice Act, the Indiana Court of Appeals Wednesday reinstated the proposed complaint.