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.
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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.
Justices take Rockport gasification appeal
The Indiana Supreme Court will hear an appeal that could determine the fate of a controversial proposal to fund a southern Indiana coal gasification plant with guaranteed prices above current market rates for the substitute natural gas it would create.
Opinions June 6, 2013 ILD
Indiana Court of Appeals
Heather McWhorter v. Bill McWhorter (NFP)
34A02-1207-DR-527
Domestic relation. Affirms decision to divide the marital estate equally and treatment of the 401(k) debt after the couple took out a loan against Bill McWhorter’s plan to pay part of the down payment on property in Denver. Reverses portion of the June 4, 2102, order that granted Heather McWhorter’s request to rescind the order entered pursuant to the Denver real estate agreement and remands with instructions for the trial court to reinstate the Denver agreement. Chief Judge Robb dissents.
Robert C. Brown v. State of Indiana (NFP)
35A05-1211-CR-588
Criminal. Affirms conviction of Class C felony operating a motor vehicle after a lifetime suspension of driving privileges.
Richard Lee Haworth, Jr. v. State of Indiana (NFP)
09A05-1209-CR-491
Criminal. Affirms sentence following guilty plea to Class C felony incest.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions June 6, 2013
Indiana Court of Appeals
Scott Speers v. State of Indiana
55A01-1208-CR-391
Criminal. Affirms conviction of Class C felony burglary and Class D felony theft. The trial court properly denied Speers’ motion for discharge under Rule 4(C) as much of the delay in bringing Speers to trial was attributable to him. The direct examination of the lead detective did not present evidence in such a way as to crate an evidentiary harpoon.
AG turns over $331k to East Chicago in RICO case
Racketeering litigation that began in 2004 against former East Chicago Mayor Robert Pastrick ended Thursday as Indiana Attorney General Greg Zoeller turned over more than $331,000 the state collected from Pastrick and co-defendants to the city.
Indy organization part of first-ever settlement involving REO properties
The Fair Housing Center of Central Indiana is one of 13 fair-housing organizations that will split a $27 million settlement from Wells Fargo Bank with the National Fair Housing Alliance after a complaint alleged the bank better maintained its real estate properties in white neighborhoods.
Man who fled after hearing not entitled to discharge
The motion for discharge under Indiana Criminal Rule 4(C) by a man charged in connection with a gun shop burglary in Morgan County was properly denied by the trial court, the Indiana Court of Appeals held Thursday. Much of the delay in bringing him to trial within a year was attributable to the appellant, including his decision to flee after a hearing.
Former U.S. attorney, Superior judge dies
Retired Judge Alfred W. Moellering of Fort Wayne died Sunday at the age of 86. He was a longtime Superior Court judge in Allen County.
Faegre Baker Daniels to open office in Silicon Valley
Faegre Baker Daniels LLP is heading to California to open an office in Silicon Valley.
Deputy prosecutor fired for errors in handling protective order violation
The employment of an unnamed St. Joseph County deputy prosecutor has been terminated after deciding not to prosecute a man following his May arrest for violating a protective order. Several days later, that man allegedly stabbed and killed his young daughter.
Opinions June 5, 2013 ILD
Indiana Court of Appeals
Bennie Gavin v. State of Indiana (NFP)
49A05-1211-CR-565
Criminal. Reverses and remands with instructions to vacate Gavin’s conviction of operating a vehicle with an alcohol concentration equivalent of 0.15 or more. Affirms operating while intoxicated conviction and habitual substance offender enhancement.
Richard Brock and Gail Brock v. Pamela Gilbert (NFP)
15A05-1208-PL-401
Civil plenary. Affirms ruling in favor of Gilbert that the Brocks had gifted their dog to her.
Joshua Schulkers v. State of Indiana (NFP)
15A05-1210-CR-497
Criminal. Reverses and remands with instructions to vacate Schulkers’ conviction and sentence for Class D felony battery resulting in bodily injury on a child less than 14 and affirms other battery and neglect convictions.
The Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions June 5, 2013
Indiana Supreme Court
Term. of the Parent-Child Rel. of: K.T.K., K.C., and K.R.K. (Minor Children), and R.C. (Mother) v. Indiana Dept. of Child Services, Dearborn County Office
15S01-1306-JT-402
Juvenile. Sets aside the Court of Appeals order dismissing the mother’s appeal and affirms termination of parental rights. The record supports the trial court’s findings that the conditions resulting in the children’s continued placement outside of the home would not be remedied and termination of parental rights was in the best interest of the children. Denies father’s petition to transfer in separate order.
Justices uphold termination of mother’s parental rights after years of drug abuse
The Indiana Supreme Court Wednesday set aside the Court of Appeals order dismissing a Dearborn County mother’s appeal of the termination of her parental rights and took the case. The justices affirmed the decision to end her parental rights to her three children.
COA: Courts need to consider proportionality of damages in restitution orders
The Indiana Court of Appeals upheld a Franklin Circuit judge’s decision to require a defendant to pay restitution and a fine after he entered into an open plea agreement on a burglary charge. But the judges instructed trial courts to consider apportioning the amount of restitution among co-perpetrators in relation to each person’s contribution to the victim’s loss.
Stefaniak to become new Lake County juvenile court judge
Judge Thomas Stefaniak will take over the juvenile court in Lake County, ending a months-long dispute over the judgeship that involved the intervention of the Indiana Supreme Court.
Statement in tort claim does not prevent woman from trying to recover for injuries
Even though a woman originally stated she did not suffer any injuries after her vehicle was rear ended by a police car, the Indiana Supreme Court has ruled she can file a subsequent complaint against the municipality and the police department for personal injuries.
Opinions June 4, 2013 ILD
Indiana Court of Appeals
Matthew J. Bulliner v. State of Indiana (NFP)
02A03-1211-CR-472
Criminal. Affirms Class D felony and Class A misdemeanor convictions of resisting law enforcement.
Stephen R. Hollingsworth v. State of Indiana (NFP)
26A04-1210-CR-498
Criminal. Affirms in interlocutory appeal denial of motion for discharge for violation of the speedy trial provision under Indiana Criminal Rule 4(C).
Mark Bonds v. State of Indiana (NFP)
49A02-1212-CR-974
Criminal. Affirms convictions of two counts of Class A felony child molesting.
Charles D. Gilliam v. State of Indiana (NFP)
71A03-1210-CR-432
Criminal. Affirms Class D felony conviction of receiving stolen property.
Jason Ulysses Harmon v. United States Steel Corporation f/k/a USX Corporation (NFP)
93A02-1212-EX-1030
Executive administrative/worker’s compensation. Affirms Worker’s Compensation Board’s denial of benefits.
Indiana Tax Court issued no opinions before IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions before IL deadline.
Opinions June 4, 2013
Indiana Supreme Court
City of Indianapolis v. Rachael Buschman
49S02-1210-CT-598
Civil tort. Affirmed trial court’s grant of summary judgment in Buschman’s favor and remanded the case for further proceedings. Ruled that Buschman’s inclusion of information about her injuries does not restrict the scope of her claim. Although she stated in her claim she did not suffer any injuries from an auto accident involving an Indianapolis police officer, the amended statute governing the Indiana Tort Claims Act does not require a description of injuries. The court concluded when the Legislature amended the statute, it intended to remove any pre-existing requirement of specificity in regards to personal injuries.