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COA rules serving time at home same as serving time in prison
The Indiana Court of Appeals remanded a case for a new sentencing order after a defendant successfully argued home detention counts as part of his executed sentence.
Tax Court rules against UPS reinsurer on case justices reversed, remanded
United Parcel Service and its reinsurance affiliates are obligated to pay about $650,000 in taxes from the years 2000 and 2001, the Indiana Tax Court held. The court previously ruled in UPS’s favor, but this opinion comes on remand from an Indiana Supreme Court reversal.
Appeals court affirms judgment in family land-contract dispute
A trial court properly ruled that an insurance company owed no duty to a mother who sold property on contract to her son and daughter-in-law, but the son and daughter-in-law who collected proceeds from the policy do.
Bridge complaint raises questions about governmental immunity
The Indiana Court of Appeals addressed conflicting caselaw about a government’s immunity from liability before siding with the older precedent and ruling that any move to overturn that case should be left to the Indiana Supreme Court.
Attorney fees affirmed in trucking dispute; COA declines to bar such awards
An appellate panel Tuesday affirmed an award of attorney fees under a standard industry agreement and declined an invitation to strip Indiana trial courts of the ability to enter such judgments.
Easterbrook applauds Indiana Tech Law School for trying new approach
Indiana Technical Institute used the dedication ceremony for its new law school to reiterate its vision of legal education and push back against critics.
Opinions Sept. 16, 2013 ILD
Indiana Court of Appeals
David J. Payne v. State of Indiana (NFP)
45A03-1302-CR-53
Criminal. Affirms conviction for five counts of dealing in cocaine, all Class B felonies, and one count of maintaining a common nuisance, a Class D felony.
Thomas Rayford, Jr., v. State of Indiana (NFP)
48A02-1212-CR-1029
Criminal. Affirms revocation of Rayford’s probation and the trial court’s order that he serve the remainder of his suspended sentence plus 20 years after he pleaded guilty to dealing in cocaine, a Class B felony.
The Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Sept. 16, 2013
Indiana Court of Appeals
Larry Lyons, Jr. v. State of Indiana
36A01-1208-CR-331
Criminal. Affirms conviction for Class B felony dealing in methamphetamine and Class D felony methamphetamine possession. Finds there is no evidence that the trial court’s failure to provide instructions in strict accordance to Indiana Code 35-37-2-4 and Indiana Jury Rule 26(b) caused Lyons harm or put him at substantial risk of harm.
Instructions not to letter of the law, but no harm done
A trial court’s failure to give jury instructions that strictly adhered to the language contained in the Indiana Code and Indiana Jury Rule was not grounds for the Indiana Court of Appeals to overturn a guilty verdict.
‘Illegal alien’ remark leads to attorney’s suspension; case involves embattled judge
Representing a father in a child visitation dispute, a Martinsville lawyer’s letter to opposing counsel alleging the mother was an illegal alien resulted in a 30-day suspension.
Judge: Suit challenging Marion County judicial slating may proceed
A federal lawsuit challenging the constitutionality of a state law that has given rise to the Democratic and Republican slating system under which Marion Superior judges are elected will go forward.
Opinions Sept. 13, 2013 ILD
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of Jo. B. & Ju. B.(Minor Children) and T. B.(Mother) v. The Indiana Department of Child Services (NFP)
49A05-1303-JT-92
Juvenile. Affirms termination of T.B.’s parental rights to her children, Ju.B. and Jo.B.
Lamar Miller v. State of Indiana (NFP)
49A05-1302-CR-46
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Charles Grieco v. State of Indiana (NFP)
49A04-1301-CR-32
Criminal. Affirms conviction for operating a vehicle while intoxicated, as a Class C misdemeanor.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Sept. 13, 2013
Von Tobel Corporation, Individually, and d/b/a Von Tobel Lumber & Hardware; and Von Tobel Lumber & Home Center, Inc. v. Chi-Tec Construction & Remodeling, Inc.; John F. Ziola, Jr.; Et Al.
46A03-1301-MI-18
Miscellaneous/mechanic’s lien. Reverses grant of summary judgment in favor of the Margret Lynn West trust, one of the defendant parties, and orders summary judgment entered for Von Tobel. The panel reversed a trial court ruling that the lien was invalid because a pre-lien notice named “Von Tobel Lumber & Home Center Inc.” and the lien notice named “Von Tobel Corporation” as claimants. The difference was minimal, not misleading and didn’t prejudice the trust or other parties, the panel held.
Failure to register in Indiana opens door for state charges against Ponzi scheme mastermind
A split Indiana Court of Appeals ruled a man at the center of an alleged Ponzi scheme that defrauded nearly 72 victims in Ohio, Kentucky and Indiana will have to face state charges even though he pleaded guilty to a federal indictment.
Reversal: Trust bears liability for builder’s nonpayment despite lien notice discrepancies
A trust that won summary judgment at the trial court against a supplier of building materials for construction of a home on Lake Michigan got the opposite result from an appeals court Friday. The trust is liable, even though it paid builders who failed to reimburse the supplier for materials provided on credit.
JTAC oversight committee sets initial meeting
The first meeting of the committee created by the Legislature to oversee the Indiana Supreme Court’s technology initiatives – chief among them continued implementation of the Odyssey case management system – will take place Tuesday morning.
Attorney general files right-to-work appeal with Indiana Supreme Court
The Indiana attorney general filed notice Sept. 12 that he is asking the state’s highest court to find Indiana’s right-to-work law constitutional.
Opinions Sept. 12, 2013 ILD
Indiana Court of Appeals
Flora Birdsong v. Illinois Central School Bus (NFP)
93A02-1304-EX-319
Civil. Affirms denial of worker’s compensation benefits to Birdsong.
Jeffrey Griebel v. Lehsa Griebel (NFP)
53A04-1304-DR-191
Domestic relation. Dismisses Jeffrey Griebel’s appeal of child support order.
Willie Ambros Norman v. State of Indiana (NFP)
71A03-1301-CR-13
Criminal. Affirms conviction of Class D attempt to acquire possession of a legend drug by fraud, deceit, misrepresentation, or subterfuge.
Adolfo Lopez v. State of Indiana (NFP)
15A05-1302-CR-51
Criminal. Affirms denial of Lopez’s motion for recusal/change of judge.
Thelma Lindsey v. State of Indiana (NFP)
02A03-1211-CR-486
Criminal. Affirms two-year sentence for operating while intoxicated, as a Class D felony.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.M.(Minor Child) and C.M.(Mother) and R.M.(Father) v. Indiana Department of Child Services (NFP)
81A01-1302-JT-58
Juvenile. Affirms involuntary termination of C.M’s and R.M.’s parental rights to their 4-year-old child, K.M.
In Re the Termination of the Parent-Child Rel. of H.W. (Minor Child) and D.F. (Father) v. The Indiana Dept. of Child Services (NFP)
82A05-1301-JT-45
Juvenile. Affirms involuntary termination of D.F.’s parental rights to his child, H.W.
Phillip J. Troyer v. Tracy L. Troyer (NFP)
02A03-1302-DR-55
Domestic relation. Affirms order finding Phillip Troyer in contempt for failing to pay his share of K.T.’s uninsured medical expenses under the divorce decree. In her dissent, Judge Elaine Brown argues that Phillip’s action shows he was not being willfully disobedient. He told his ex-wife he would be delaying payment while he filed a claim against the insurer, to which she consented, and his assertion that he owed less than his ex-wife calculated was confirmed by the court.
In Re the Termination of the Parent-Child Rel. of El.S. and Et.S. (Minor Children) and M.S. (Mother) v. The Indiana Dept. of Child Services (NFP)
90A05-1211-JT-614
Juvenile. Affirms termination of M.S.’s parental rights to her children, El.S and Et.S.
Darren L. Bunch v. State of Indiana (NFP)
73A01-1301-CR-15
Criminal. Affirms conviction of rape as a Class B felony.
Jeff Pierrard v. Wright Implement 1, LLC (NFP)
62A01-1305-CT-238
Civil tort. Affirms summary judgment in favor of Wright Implement 1, LLC, regarding its claim against Pierrard for conversion of a tractor and other equipment.
Oscar Diaz-Flores v. State of Indiana (NFP)
49A02-1302-CR-184
Criminal. Affirms conviction of Class A felony burglary. Also affirms one count of Class C felony criminal confinement and vacates the other count. Finds Flores’ criminal confinement of his ex-girlfriend constitutes a single transaction and can only support one criminal confinement conviction.
Stephen R. Harvey, Jr. v. State of Indiana (NFP)
02A03-1302-CR-44
Criminal. Affirms denial of Harvey’s motion for concurrent sentencing.
Gregory Voltaire v. State of Indiana (NFP)
02A03-1303-CR-104
Criminal. Affirms conviction for Class D felony sexual battery. Reverses and remands with instruction one-year sentence for Class B misdemeanor battery. Finds Voltaire’s one-year sentence suspended to probation for the misdemeanor violates Indiana Code which limits the term of imprisonment for Class B misdemeanor to no more than 180 days.
Thomas I. Goode v. Hendricks County Planning and Building Commission (NFP)
32A01-1302-PL-67
Civil plenary. Dismisses Goode’s appeal of the trial court’s July 2011 order and October 2012 order that he comply with the general business district zoning requirements. Finds Goode forfeited his right to appeal because he did not file notice within 30 days of the orders.
Christopher D. Davies v. State of Indiana (NFP)
34A02-1301-CR-18
Criminal. Affirms three-year sentence executed for theft, a Class D felony.
Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Sept. 12, 2013
Indiana Supreme Court
Clark County Board of Aviation Commissioners, Board of Commissioners of Clark County, Indiana v. Dennis Dreyer and Margo Dreyer, as Co-Personal Reps. of the Estate of Margaret A. Dreyer
10S01-1308-PL-529
Civil plenary. Grants transfer to dispel confusion arising from “inartful language” in previous opinion.