Indiana gets positive verdict from mock trial visitors
Two teams from the West swept the 2013 National High School Mock Trial Championship, but Indianapolis and the Indiana legal community made the best impression.
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SCOTUS rules against Indiana farmer in seed patent case
A unanimous Supreme Court of the United States has ruled that patent exhaustion doesn’t allow a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission.
Opinions May 10, 2013 ILD
Indiana Court of Appeals
Karina Wilson v. State of Indiana (NFP)
49A02-1207-CR-602
Criminal. Affirms sentence for Class A misdemeanor battery.
Term. of the Parent-Child Rel. of C.T. and D.T., minor children, and C.T., biological father, and K.P., biological mother: C.T. and K.P. v. Indiana Dept. of Child Services (NFP)
79A02-1210-JT-837
Juvenile. Affirms involuntary termination of parental rights.
Mr. Bults, Inc. D/B/A MBI v. Nathan Orlando (NFP)
56A04-1210-CT-515
Civil tort. Affirms negligence finding against Mr. Bults Inc. and $650,000 jury award.
In Re: The Paternity of V.A.; R.A. v. B.Y. (NFP)
39A01-1209-JP-413
Juvenile. Affirms order addressing custody, parenting time, child support and personal property issues. Remands for the court to rule on the issue of legal custody, father’s contempt petition, to clarify the factual basis for its child support order and to enter findings supporting the conclusion.
Daon L. Bellamy v. State of Indiana (NFP)
49A04-1210-CR-500
Criminal. Affirms conviction of Class D felony theft.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
Opinions May 10, 2013
7th Circuit Court of Appeals
Royce Brown v. John F. Caraway, Warden
12-1439
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses denial of Brown’s petition for habeas corpus under 28 U.S.C. Section 2241 in which he argued under Begay v. United States, 553 U.S. 137 (2008), his prior Delaware conviction for arson in the third degree did not qualify as a crime of violence. Brown is entitled to relief, and under Begay, his prior conviction doesn’t qualify as “generic” arson under the enumerated crimes clause of the career offender guideline, nor is it covered by the residual clause. Remands with instructions to reduce his drug and firearm sentence to reflect that he is not a career offender under Section U.S.S.G. Section 4B1.1. Chief Judge Easterbrook issued a statement concerning the circulation under Circuit Rule 40(e).
Man’s prior conviction doesn’t render him a career offender
The 7th Circuit Court of Appeals reversed the denial of a man’s habeas petition, finding his conviction of arson in the third degree in Delaware doesn’t qualify as a crime of violence under U.S.S.G. Section 4B.1. As such, his current sentence should be reduced to reflect he isn’t a career offender.
State not trying to circumvent adverse ruling in refiling charges
The Indiana Court of Appeals affirmed a man’s felony cocaine dealing conviction, finding the state, when originally dismissing charges and then later refiling them, was not trying to avoid an adverse ruling that barred testimony of a confidential informant.
Denial of post-conviction relief upheld by COA
Even if the Indiana Court of Appeals was to assume that a defendant’s trial counsel performed below prevailing professional norms by not explaining the potential immigration consequences of his guilty plea, the judges ruled the defendant wasn’t prejudiced because the trial court explained those consequences.
COA to trial judges: enter restitution orders at sentencing
The Indiana Court of Appeals sent a case in ‘procedural limbo’ back to trial court to enter a restitution order within 30 days, which will allow the defendant to appeal his aggravated battery conviction. The appellate judges also advised trial courts on the pitfalls of postponing ordering restitution when ordering a sentence.
Pence signs into law changes to sex offender registry
Changes are coming to Indiana’s sex offender registry, thanks to a new law signed by Gov. Mike Pence Thursday.
Judicial candidate barred from office for 5 years
The attorney who made statements regarding Franklin Circuit Judge Steven Cox’s release of a prisoner during the time she was challenging him for his spot on the bench last fall cannot seek judicial office for five years, the Indiana Supreme Court ruled Thursday. The justices also publicly reprimanded Tammy R. Davis of Brookville.
Opinions May 9, 2013 ILD
Indiana Court of Appeals
In Re: the Paternity of M.R.; A.K. v. J.R. (NFP)
50A03-1211-JP-457
Juvenile. Affirms custody modification order granting father J.R. physical custody of M.R.
Ronald L. Hoffman and Christy G. Hoffman, and Johnson Sunnybrook Farm, LLC, an Indiana Limited Liability Co. v. Lake Co. Indiana, a unit of government, its County Council, et al. (NFP)
45A03-1206-PL-291
Civil plenary. Affirms summary judgment for Singleton Stone as the opposed landowners to the rezoning had no standing to challenge the rezoning.
Bradley Ryan v. State of Indiana (NFP)
34A02-1211-CR-921
Criminal. Affirms convictions of murder and Class A felony robbery resulting in serious bodily injury.
Eldon E. Harmon v. State of Indiana (NFP)
20A05-1212-CR-634
Criminal. Affirms 16-year sentence for Class B felony dealing in methamphetamine.
James Q. Bryant v. State of Indiana (NFP)
49A02-1211-PC-869
Post conviction. Affirms denial of petition for post-conviction relief.
Carmell D. Nelson v. State of Indiana (NFP)
02A03-1208-CR-349
Criminal. Affirms convictions of Class A felony attempted murder and Class B felony unlawful possession of a firearm by a serious violent felon.
Mark A. Centofante v. State of Indiana (NFP)
49A05-1207-CR-360
Criminal. Affirms conviction of Class B felony sexual misconduct with a minor.
Demetrick Cameron v. State of Indiana (NFP)
48A02-1209-CR-733
Criminal. Affirms revocation of probation for failure to pay child support.
Deborah Chandler v. State of Indiana (NFP)
15A04-1211-CR-560
Criminal. Affirms revocation of probation and order Chandler serve 10 years of her 16-year suspended sentence in the Department of Correction.
LP XXIV, LLC d/b/a Las Palmas Apartment Homes and SLS Management, Inc. v. American Family Mutual Insurance Company and Carl Long (NFP)
49A04-1207-PL-340
Civil plenary. Affirms denial of Las Palmas’ and SLS’s motion for summary judgment on the issue of agency.
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 May 9, 2013
Indiana Court of Appeals
Bonnie Moryl, as Surviving Spouse and Personal Rep. of the Estate of Richard A. Moryl, Deceased v. Carey B. Ransone, M.D.; La Porte Hospital; Dawn Forney, RN; Wanda Wakeman, RN BSBA; et al.
46A04-1112-CT-710
Civil tort. Affirms summary judgment for the defendants, on which the trial court determined that Bonnie Moryl’s proposed complaint for medical malpractice was not timely filed with the Indiana Department of Insurance. The trial court properly found that her complaint sent to the DOI by FedEx was filed one day late under the two-year statute of limitations.
Woman who used FedEx to send med mal complaint didn’t timely file
Third-party carriers are not included in the statute regarding filing proposed medical malpractice complaints with the Indiana Department of Insurance, so a woman’s complaint that was sent via FedEx within the two-year statute of limitations – but not stamped until after the limitations expired – is not considered timely filed, the Indiana Court of Appeals ruled.
Judges reverse teen’s gang-related adjudication
The state was unable to prove that a 14-year-old Indianapolis boy committed criminal gang activity when he and several other juveniles followed another teen after a party, the Indiana Court of Appeals ruled Thursday.
Residency requirement updated for Hendricks Superior magistrate positions
The Hendricks Superior Court – which is seeking two magistrate judges to take the bench – has changed its residency requirement for applicants. Applicants no longer have to reside in the county at the time of applying, but the two chosen for the jobs must live in Hendricks County by the end of the year.
Sullivan: Mediation between Lake County judges, magistrates fails
Mediation ordered by the Indiana Supreme Court failed to settle a dispute among Lake County judges over a juvenile court vacancy, according to a report filed Wednesday by the former justice who tried to resolve the matter.
Opinions May 8, 2013 ILD
Indiana Court of Appeals
Robert Graber, Jr. and Barbara Graber v. Allen County, Indiana Building Department (NFP)
02A05-1209-MI-485
Miscellaneous. Reverses grant of the building department’s motion to dismiss a verified complaint and remands for further proceedings.
In the Matter of the Term. of the Parent-Child Rel. of: E.M. & El.M. and E.M. v. The Indiana Dept. of Child Services (NFP)
45A03-1208-JT-370
Juvenile. Reverses termination of parental rights.
John A. Schmidt v. Karen Elaine Schmidt Denton (NFP)
34A02-1207-DR-579
Domestic relation. Reverses the trial court to the extent that it failed to make father’s child support modification retroactive to the filing of the petition and concluded that father would be responsible for 17 weeks of child support. Remands with instructions to credit a total of $2,814 against father’s college expense obligation. In all other respects, we affirm the trial court.
Robert Bowen v. State of Indiana (NFP)
08A04-1206-CR-305
Criminal. Affirms convictions of Class D felony possession of a controlled substance and Class A misdemeanor possession of paraphernalia.
Michael Edward Groves v. State of Indiana (NFP)
82A01-1208-CR-386
Criminal. Affirms convictions of two counts of Class A felony dealing in methamphetamine and aggregate sentence of 20 years.
Ashley N. Lawrence v. State of Indiana (NFP)
92A04-1211-CR-597
Criminal. Reverses revocation of probation and sentence imposed. Remands for further proceedings.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions May 8, 2013
7th Circuit Court of Appeals
Terri Basden v. Professional Transportation Inc.
11-2880
U.S. District Court, Southern District of Indiana, Evansville Division, Judge William T. Lawrence.
Civil. Affirms summary judgment for Professional Transportation on Basden’s claim she was terminated in violation of the Americans with Disabilities Act or the Family and Medical Leave Act. Basden failed to present evidence sufficient to establish a prima facie right to the protection of the ADA or FMLA.
COA: More proceedings are needed on parents’ ITCA compliance
Finding a genuine issue of material fact as to whether Richmond parents’ complied with the Indiana Tort Claims Act notice provision when filing a lawsuit after their severely disabled daughter died at school, the Indiana Court of Appeals ordered that issue to go before a jury.
Justices suspend attorney for history of ‘unethical litigation practices’
The Indiana Supreme Court has handed down a three-year suspension to an Indianapolis attorney whose conduct “far exceeded zealous advocacy and included repeated abuse of the tools of the legal system.”