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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.

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.

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.

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.