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Opinions Oct. 11, 2013 ILD

Indiana Court of Appeals
Frank D. Dinius v. State of Indiana (NFP)
02A03-1301-CR-29
Criminal. Affirms convictions and sentence for Class D felonies confinement and domestic battery and Class A misdemeanor interference with reporting of a crime.

Bryan D. Lewis v. State of Indiana (NFP)
34A02-1212-CR-973
Criminal. Affirms convictions of Class B felony possession of cocaine and Class A misdemeanor resisting law enforcement.

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 Oct. 11, 2013

Indiana Court of Appeals
Medtronic, Inc., v. Lori A. Malander, Individually and as Personal Representative of the Estate of David M. Malander, Sr., Deceased and Kathleen Malander
49A02-1211-CT-925
Civil tort. Affirms denial of Medtronic’s motion for summary judgment in an action against it by Lori Malander, individually and as the personal representative of the Estate of David Malander, deceased, and Kathleen Malander. The Medical Device Amendments to the Federal Food, Drug, and Cosmetics Act does not preempt the claim against Medtronic and genuine issues of material fact exist regarding whether Medtronic assumed a duty to David Malander.

COA reverses contempt finding, but upholds sanctions

A nurse who made false allegations leading to the detention of a co-worker for mental health reasons will have to pay as ordered toward the woman’s attorney fees even though the Indiana Court of Appeals reversed an indirect civil contempt finding.

Divided COA: Statement on record unneeded to waive jury trial

The majority of a Court of Appeals panel affirmed a Hendricks County man’s conviction in a bench trial of misdemeanor intimidation, but a dissenting COA judge wrote the defendant was improperly denied a jury trial and his conviction should be tossed.

COA clears way for negligence complaint against medical device company

A lawsuit filed against medical device manufacturer Medtronic following the death of a man who had one of the company’s medical devices implanted can continue, the Indiana Court of Appeals ruled Friday. It held the Medical Device Amendments to the Federal Food, Drug and Cosmetics Act does not preempt a family’s negligence claim.

Dickson, Kirsch honored guests at annual American College of Trial Lawyers dinner

U.S. Judge Jane Magnus-Stinson of the Southern District of Indiana will speak Friday at the annual dinner of the Indiana chapter of the American College of Trial Lawyers. Indiana Chief Justice Brent Dickson and Indiana Court of Appeals Judge James Kirsch are the honored guests of the fellows at the dinner.

Opinions Oct. 10, 2013 ILD

Indiana Court of Appeals
Coady Coyote Craddick v. Indiana Department of Correction (NFP)
52A02-1211-MI-942
Miscellaneous. Affirms dismissal of complaint against the DOC alleging it violated the Ex Post Facto Clause of the Indiana Constitution by classifying Craddick as a sex offender.

Fredrick D. McClure v. State of Indiana (NFP)
18A02-1302-CR-196
Criminal. Affirms trial court determination that McClure’s previously stayed sentence was eight years rather than four years.

Jason Hays v. State of Indiana (NFP)
28A04-1303-CR-109
Criminal. Affirms conviction of Class B felony operating a vehicle with a controlled substance in blood causing death.

Joseph A. Kast v. State of Indiana (NFP)
02A04-1301-CR-35
Criminal. Affirms 65-year sentence for murder conviction.

Tabatha Murphy v. State of Indiana (NFP)
30A04-1302-CR-82
Criminal. Affirms convictions of Class C felony battery with a deadly weapon, Class C felony battery resulting in serious bodily injury and Class A misdemeanor battery.

Ryan Thomas Johnston v. State of Indiana (NFP)
29A02-1212-CR-1014
Criminal. Affirms revocation of probation.

David Roy Winters v. State of Indiana (NFP)
71A03-1302-CR-41
Criminal. Affirms conviction and sentence for Class A misdemeanor conversion.

In Re The Involuntary Termination of the Parent-Child Relationship of R.C. and M.C.: Ro.C. (Father) v. The Indiana Department of Child Services (NFP)
49A02-1303-JT-194
Juvenile. Affirms involuntary termination of parental rights.

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 Oct. 10, 2013

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of E.T., D.T., L.T., and Y.T., Minor Children: M.T., v. Indiana Dept. of Child Services and Lake County Court Appointed Special Advocate
45A03-1302-JT-49
Juvenile. Affirms termination of parental rights. The mother has not demonstrated that the trial court clearly erred when it determined that continuation of the parent-child relationship with the children poses a threat to their well-being. Nor has she shown that termination is not in the best interest of the children or that the court erred when it determined that adoption is a satisfactory plan following the terminations.

COA still finds supervised visitation argument moot

After acknowledging that a father did file a reply brief arguing the issue of supervised parenting time was not moot, the Indiana Court of Appeals on rehearing still found his argument to be moot.

Archbishop echoes message of Pope Francis in address to legal community

Speaking to members of the legal community, Indianapolis Archbishop William Tobin pointed to the growing polarization among people, and he called for everyone to take a more gentle tone, respect the beliefs of others and work to build a “culture of encounter.”

Owners of spooked horse entitled to summary judgment in negligence suit

The Indiana Court of Appeals ruled Thursday that the owners of a horse that trampled a man after getting loose at the Marshall County 4-H Fairgrounds didn’t have reason to know the horse had any dangerous propensities prior to the accident. The court affirmed summary judgment in a negligence lawsuit on the issue.

Having the ingredients is not proof of a man’s intention to cook

Despite the state’s attempt to convince the Indiana Court of Appeals that its decision in a similar case was erroneous, the panel upheld precedent and found that a man’s possession of cold tablets and batteries is not proof he intended to manufacture methamphetamine.

Submit entries for 2014 Corporate Counsel Guide

The Indiana Lawyer will publish its annual Corporate Counsel Guide in December. There is still time to submit biographical information for inclusion in the guide.

The Corporate Counsel Guide, which includes professional profiles on in-house attorneys along with information on the nature and scope of business of their employers, is a valuable resource for lawyers in many practice areas. Attorneys keep the guide on their desks and often reference it throughout the year.

In-house attorneys working in business, non-profit and government agencies, and associations are encouraged to submit their information for inclusion in the 2014 guide. Click here to learn more or to submit information for the 2014 Corporate Counsel Guide.