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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.

7th Circuit rejects claim that FMLA should be extended to non-eligible employees

The 7th Circuit Court of Appeals affirmed summary judgment for a transportation company on a fired worker’s claims that her termination violated the Americans with Disabilities Act and the Family and Medical Leave Act. The judges didn’t agree with the woman that FMLA protection should extend to non-eligible employees who request leave for future periods.

Judge grants class certification in BMV lawsuit

A Marion Superior Judge ruled last week that a lawsuit brought against the Indiana Bureau of Motor Vehicles for allegedly overcharging drivers may proceed as a class-action lawsuit.

Opinions May 7, 2013 ILD

Indiana Court of Appeals
Patti S. Maxfield and Ronald G. Maxfield v. Women's Health Partnership, P.C. and Corporate Cleaning Systems, Inc. (NFP)
49A02-1209-CT-707
Civil tort. Affirms summary judgments for Corporate Cleaning and for Women’s Health.  

Tracy Lawrence v. State of Indiana (NFP)
48A02-1206-CR-524
Criminal. Affirms Lawrence’s sentence to an aggregate 100-year term after being convicted of Class A felony child molesting and Class A felony attempted child molesting. The trial court neither abused its discretion nor imposed an inappropriate sentence.

Brice Dutrow v. State of Indiana (NFP)
30A04-1207-CR-356
Criminal. Affirms Dutrow’s sentence of concurrent terms of 45 years  with five years suspended to probation for convictions of burglary and robbery, both Class A felonies, and an enhancement of 30 years on the burglary conviction.   

Amy (Winton) Otis v. Marketing Three LLC (NFP)
20A05-1210-CC-505
Civil collection. Reverses the judgment of the trial court and remands for further proceedings. Concludes the trial court erred in entering summary judgment in favor of Marketing Three.

Jonathan Reiner v. State of Indiana (NFP)
20A05-1210-PC-499
Post conviction. Affirms Reiner’s conviction and 30-year sentence for Class A felony dealing in methamphetamine. The majority finds Reiner’s trial counsel was not ineffective for failing to raise a competency objection to the detective’s yield rate testimony; failing to present evidence challenging the reliability of yield rate evidence in general; and failing to move for a directed verdict on the Class A felony charge on the basis of insufficient evidence as to the amount of meth being manufactured. Also concludes Reiner’s appellate counsel was not ineffective for failing to challenge the sufficiency of the state’s evidence as to the amount of meth being manufactured. In her dissent, Judge Elaine Brown finds Reiner has demonstrated that he received ineffective assistance of trial counsel for failure to challenge the admissibility of the evidence regarding the yield rate. He also received ineffective assistant of trial and appellate counsel for failure to challenge the evidence as insufficient to support the Class A felony.    

The Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.
 

Opinions May 7, 2013

7th Circuit Court of Appeals
Jose J. Loera, Jr. v. United States of America
11-3223
Criminal. Affirms drug conviction and 240-month prison sentence, holding that Loera failed to prove his attorney provided ineffective legal counsel. Loera claimed that a prior grant of a motion to suppress his statements to police before consulting an attorney should have been binding on future proceedings. The court held it was doubtful that a subsequent refusal to suppress on different grounds, if it was error, was harmful.

7th Circuit reaffirms drug conviction over claims of ineffective counsel

A man convicted of federal drug charges failed to convince a panel of the 7th Circuit Court of Appeals that his conviction should be vacated due to ineffective assistance of counsel. The court affirmed a conviction from the District Court for the Northern District of Indiana.

Entering a guilty plea is not a mitigating factor, COA rules

Although a Shelby County man successfully argued that signing an “Advisement of Rights and Waiver” document did not bar him from appealing his sentence, he failed to convince the Indiana Court of Appeals that the trial court abused its discretion when sentencing him.

COA affirms mom’s termination of rights despite ‘clean screen’ given to judge

An Indianapolis mother with a history of drug abuse and domestic violence failed to persuade the Indiana Court of Appeals to reverse the termination of her parental rights, even though she introduced herself to the presiding judge after oral arguments and had a student deliver to the judge evidence of a clean drug screen taken a day earlier.

IBA: How to Save Time and Increase Cash Flow

Time is money. You may not be able to detail it on a year-end balance sheet or claim a whiled away afternoon as a legitimate loss, but the old adage is still true. For lawyers dependent on hourly billing, managing time is one of the most essential professional practices to be mastered.