Bar associations seek nominations for various awards
Several bar associations around the state are accepting nominations for awards to present to members at upcoming annual meetings.
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Opinions June 11, 2013 ILD
Indiana Court of Appeals
Deshaun Richards v. State of Indiana (NFP)
02A03-1211-CR-467
Criminal. Affirms conviction and sentence for Class B felony robbery.
In Re The Paternity of R.M., a minor; B.M. v. A.T. (NFP)
39A01-1209-JP-441
Juvenile. Reverses denial of father’s petition to modify custody and remands with instructions to hold a hearing in regard to the supplemental GAL report and to reconsider his petition to modify custody in light of that hearing and all other evidence introduced concerning the petition.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
Opinions June 11, 2013
7th Circuit Court of Appeals
Judson Atkinson Candies, Incorporated v. Kenray Associates, Incorporated, Charles A. McGee and Kenneth J. McGee
12-1035, 12-1036
U.S. District Court, Southern District of Indiana, New Albany Division, Magistrate Judge William G. Hussmann Jr.
Civil. Reverses District Court ruling that Judson Atkinson must demonstrate that it had been induced by fraud to enter into the integration clause in a settlement agreement between it and Kenray Associates, as opposed to the agreement as a whole, in order to circumvent the parol evidence rule. Indiana law does not impose such a bright-line rule.
Judge’s dismissal of claim contesting forfeiture was on ‘unsound’ ground
The 7th Circuit Court of Appeals sent a man’s claim contesting forfeiture of nearly $200,000 found in his home during a police search back to the District Court for reconsideration. The judges ruled that the ground for dismissal given by the judge, as well as the alternative ground argued by the government, were “unsound.”
Jury to decide whether woman was fired for being pregnant
The 7th Circuit Court of Appeals reversed summary judgment in favor of a company on a fired employee’s claim that her employment was terminated because she was pregnant, finding the company’s explanations for her firing were shifting, inconsistent, and/or facially implausible.
Judges: Integration clause doesn’t preclude introduction of parol evidence
The 7th Circuit Court of Appeals held Tuesday that in the absence of a factual inquiry, the mere presence of an integration clause doesn’t preclude a party from introducing parol evidence that it was fraudulently induced to enter into the agreement as a whole. The decision came in a dispute involving a settlement agreement that one party sought to invalidate based on claims of fraudulent inducement.
Justices look to set arguments in Rockport, blogger’s intimidation cases
The Indiana Supreme Court may hold arguments in September on the case involving the controversial Rockport coal gasification plant as well as on the case of a Dearborn County man who was convicted of intimidation of a judge based on online rants.
Opinions June 10, 2013 ILD
Indiana Court of Appeals
Marrco Antonio Martinez v. State of Indiana (NFP)
29A02-1209-CR-699
Criminal. Affirms 35-year sentence for two counts of Class A felony dealing in cocaine.
Carol Miller v. State of Indiana (NFP)
49A05-1210-CR-523
Criminal. Affirms conviction of Class A misdemeanor pointing a firearm.
In Re The Paternity of: H.N.L.; C.L. v. B.A. (NFP)
29A05-1209-JP-483
Juvenile. Affirms order in paternity action adjudicating issues regarding custody, parenting time, child support and attorney fees.
Clifton T. Massey v. Reana Beard (NFP)
02A05-1208-SC-399
Small claim. Affirms order awarding $4,240 to Beard in a landlord/tenant dispute.
In the Matter of the Invol. Term. of the Parent-Child Relationship of A.M.K. and A.O.K., minor children, and T.D., biological father, T.D. v. Indiana Department of Child Services (NFP)
02A03-1210-JT-452
Juvenile. Affirms order denying father’s motion to withdraw his voluntary consent to the termination of his parental rights.
James Brock Rodgers v. State of Indiana (NFP)
71A05-1302-CR-73
Criminal. Affirms conviction of Class D felony theft.
Vassil Marinov v. Bergen Car Company Inc. (NFP)
79A02-1210-SC-897
Small claim. Dismisses appeal of judgment in favor of Bergen Car Company on Marinov’s claim for damages.
The Indiana Supreme Court and Tax Court posted no decisions at IL deadline.
Opinions June 10, 2013
7th Circuit Court of Appeals
United States of America v. Javier Munoz
12-3351
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Criminal. Affirms 181-month sentence following a guilty plea in 2007 to distributing and possessing cocaine with intent to distribute. Munoz materially breached the conditions of his release and an implied term of the plea agreement by fleeing the country rather than showing up for sentencing.
Judges order more proceedings in low-income apartment tax credit case
Because there are genuine issues of material fact regarding claims made against apartment management company Flaherty & Collins in a complaint alleging fraud and other charges dealing with renting apartments to people who did not qualify based on income requirements, the Indiana Court of Appeals ordered more proceedings on the case.
Defendant breached plea agreement by fleeing to Mexico
A defendant was unable to convince the 7th Circuit Court of Appeals that despite his decision to flee the country for five years before he was sentenced in a drug case, the government should have to stick to the terms of his original plea agreement.
Trial court correctly ruled mother’s consent needed for adoption
The Indiana Court of Appeals noted in a decision Monday that the state adoption statute is a bit of a “puzzle” before affirming the lower court’s decision to deny a woman’s attempt to adopt her fiancé’s child. But it found the fiancée may file another petition for adoption if she so chooses.
3 of former corrections officer’s convictions upheld by appeals court
A former corrections officer at the Marion County Jail who tried to get a co-worker to fool around with him had three of his four convictions stemming from their interactions upheld Monday by the Indiana Court of Appeals. The judges reversed one sexual battery conviction because the proof didn’t support Maurice Frazier’s Class D felony conviction.
June 7, 2013 ILD
Indiana Court of Appeals
Jerome K. Jackson, Jr. v. State of Indiana (NFP)
34A04-1210-PC-535
Post conviction. Reverses denial of petition for post-conviction relief and remands for findings and conclusions on the failure to present an officer’s testimony regarding the validity of a license plate as a claim of ineffective assistance of counsel. Reverses on issue of attorney’s failure to present evidence on the issue of whether children were present at the school at the time of Jackson’s arrest. If court finds the failure to present the officer’s testimony wasn’t ineffective assistance of counsel, directs Jackson receive a new trial on the issue of a statutory defense if the state so chooses.
In the Matter of the Term. of the Parent-Child Rel. of: M.R. and L.P. v. The Indiana Dept. of Child Services (NFP)
38A04-1211-JT-573
Juvenile. Affirms termination of parental rights.
Cody Matthew Fritz v. State of Indiana (NFP)
73A01-1212-CR-539
Criminal. Affirms sentence for Class D felony operating a vehicle while intoxicated with a prior conviction.
James D. Brooks v. State of Indiana (NFP)
02A03-1210-CR-454
Criminal. Affirms conviction and sentence for Class D felony theft.
Larry C. Perry, Jr. v. State of Indiana (NFP)
02A03-1211-CR-456
Criminal. Affirms sentence for Class D felony invasion of privacy.
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 7, 2013
Indiana Court of Appeals
In the Matter of the Supervised Admin. of the Estate of Cora E. Young, deceased; Terry Douthitt, Kelly Douthitt, and Kevin Douthitt v. Theodore R. Young
53A04-1301-EU-36
Estate, unsupervised. Affirms trial court’s finding that the proceeds of a sale of Cora Young’s property should be distributed to her second husband at her death. Since the property was a specific bequest under Young’s will and was sold before her death, it was adeemed by extinction and therefore the proceeds pass to the residuary beneficiary under her will, which is her second husband.
Grandchildren not entitled to proceeds of land sale under will
A Monroe Circuit judge did not err in denying a motion by three grandchildren to correct errors in which they claimed that they, instead of their grandmother’s second husband, should have received the proceeds of the sale of land in Bloomington. The Indiana Court of Appeals held the Bloomington residence was adeemed by extinction, so the proceeds of the sale pass to Cora Young’s second husband, Theodore.
Judges consider cellphone restrictions after court video hits Facebook
Disturbed by recent incidents in which video of open court has found its way online, Marion County judges on Friday discussed restricting cellphones in court.
Justices vacate transfer in third appeal of Fort Wayne foreclosure case
The Indiana Supreme Court decided this week that it won’t take the third appeal in the case involving a Fort Wayne restaurant operator sued by former mortgagors.
Defendant in trial over concert hall defects tries to halt repairs
Attorneys for the Michigan contractor being sued over construction defects at Carmel’s Palladium concert hall have asked a Hamilton County court to halt repair work immediately to preserve evidence in the case.
Panel disagrees as to when woman failed to mitigate damages
By a vote of 2-1, the Indiana Court of Appeals Friday reduced nearly $94,000 in damages to just $117 after finding the seller of a condo failed to mitigate her damages after the buyers backed out of the sale over repairs. Judge Cale Bradford believed seller Gayle Fischer was entitled to the original damages award.