Workers’ comp, JTAC bills pass full Senate
Legislation out of the House of Representatives reconfiguring workers’ compensation in Indiana passed the Senate Wednesday and goes back to the House with some changes.
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Opinions April 11, 2013 ILD
Indiana Court of Appeals
Jon J. Reid v. State of Indiana (NFP)
20A04-1207-PC-362
Post conviction. Affirms denial of petition for post-conviction relief.
The Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions April 11, 2013
Indiana Supreme Court
Utility Center, Inc. d/b/a Aqua Indiana, Inc. v. City of Fort Wayne, Indiana
90S04-1208-PL-450
Civil plenary. Reverses the judgment of the trial court granting the city’s motion to strike a jury request by Aqua Indiana and remands this cause for further proceedings. Concludes that “rehear the matter of the assessment de novo” within the meaning of Indiana Code 32-24-2-11(a) contemplates a new hearing with trial and judgment as in all other civil actions. And where a party so requests, a trial by jury.
Justices rule in favor of sewer facility operator in condemnation action
A case involving a compensation award for condemnation initiated by Fort Wayne’s Board of Public Works that may appear at first blush as a “no brainer” is actually not as simple as it seems, the Indiana Supreme Court pointed out Thursday.
Contractor wins on appeal of $14.5M damages award for defamation
State Farm Fire & Casualty Co. is on the hook for $14.5 million in damages after a contractor prevailed on his defamation claim against the insurer. The award is one of the largest defamation damages in the country, according to the court.
State Farm must pay contractor $14.5M for defamation
The Indiana Court of Appeals has affirmed a $14.5 million award of damages against State Farm Fire & Casualty Co. after finding the insurer couldn’t prove its three arguments on appeal to reverse. The award is one of the largest defamation awards in U.S. history, according to the court.
Opinions April 10, 2013 ILD
Indiana Court of Appeals
In the Matter of A.W. & C.S., Children in Need of Services; and L.D., Mother v. The Indiana Dept. of Child Services (NFP)
49A02-1208-JC-692
Juvenile. Affirms determination that the two minor children are children in need of services.
Jake E. Estes v. State of Indiana (NFP)
39A01-1205-CR-214
Criminal. Affirms conviction and sentence for dealing in marijuana as a Class D felony. Reverses and remands with instructions that the court vacate Estes’ conviction of possession of marijuana as a Class D felony based on double jeopardy principles. Judge Bailey dissents.
Timothy Miller v. State of Indiana (NFP)
06A04-1211-PC-591
Post conviction. Affirms denial of petition for post-conviction relief.
Jeff Rolston and Jana Rolston v. Brad's Realty and Property Management, LLC, and Dan L. Bradbury (NFP)
20A04-1209-CC-489
Civil collection. Affirms denial of the Rolstons’ motion to correct error on the judgment denying their claim for fraud, and the denial of Brad’s Realty’s motion to have the Rolstons pay attorney fees.
Demetrius Damon Taylor v. State of Indiana (NFP)
32A01-1205-CR-230
Criminal. Affirms convictions of Class A felony rape, Class B felony criminal confinement enhanced because of the use of a firearm, Class D felony criminal recklessness, Class B felony robbery, Class A felony burglary, two counts of Class D felony theft and determination Taylor is a habitual offender.
Kevin Hester v. State of Indiana (NFP)
49A02-1205-CR-381
Criminal. Affirms sentence for murder.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions April 10, 2013
7th Circuit Court of Appeals
Kevin B. McCarthy, et al., and Langsenkamp Family Apostolate, et al. v. Patricia Ann Fuller, et al.
12-2157, 12-2257, 12-2262
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. The District Court’s denial of McCarthy’s motion that the court take judicial notice of the Holy See’s rulings on Fuller’s status in the Roman Catholic Church is reversed, with a reminder to the district court that federal courts are not empowered to decide (or to allow juries to decide) religious questions. The other two appeals are dismissed.
Indiana among 35 states urging federal immigration reform
Indiana Attorney General Greg Zoeller joined a bipartisan group of 35 state and district attorneys general who Tuesday sent a letter to Republican and Democratic leaders in Congress urging federal immigration reform.
Electric cooperative owed no duty to injured contractor
An independent contractor injured at a generating station owned by Bloomington-based Hoosier Energy Rural Electric Cooperative was unable to prove to the Indiana Court of Appeals that the electric cooperative was negligent regarding his injury.
7th Circuit: Federal courts or juries can’t decide religious questions
Taking up three appeals stemming from a lawsuit filed surrounding control of religious documents and artifacts from the appearance of the Virgin Mary, the 7th Circuit Court of Appeals found that a federal judge erred in ruling that it should be up to a jury to decide whether a party to the lawsuit is still a religious sister.
COA affirms father’s convictions stemming from daughter’s injuries
The Indiana Court of Appeals rejected a St. Joseph County man’s claims that the trial court abused its discretion regarding the admission and exclusion of certain evidence at his jury trial for charges related to injuries to his infant daughter.
Senior judge permanently banned from judicial service
Senior Judge Lisa M. Traylor-Wolff, who faced a disciplinary action on charges she had a sexual relationship with a client, is no longer allowed to serve as a judge, the Indiana Supreme Court ordered Tuesday.
Criminal code overhaul bill moves to House for approval
House Bill 1006, which is the first comprehensive overhaul of Indiana’s felony statutes in 35 years, was passed by the full Senate Wednesday and returned to the House of Representatives with amendments.
8 seek Allen Superior judgeship
Eight attorneys have applied to fill a vacancy on the Allen Superior Court, Civil Division that will occur April 26 when Judge Stephen Sims retires.
Opinions April 9, 2013 ILD
Indiana Court of Appeals
Jorge L. Gonzalez v. State of Indiana (NFP)
20A05-1206-CR-335
Criminal. Affirms three convictions of Class A felony dealing in cocaine and 50-year sentence.
Jeffrey L. Jones v. State of Indiana (NFP)
87A05-1210-CR-546
Criminal. Affirms conviction of Class B misdemeanor battery.
Antonio L. Freeling v. State of Indiana (NFP)
02A05-1210-CR-556
Criminal. Affirms conviction of Class C felony robbery.
In Re: The Paternity of J.M., Jo.M. v. M.J. (NFP)
55A01-1210-JP-477
Juvenile paternity. Remands trial court order that father Jo.M. pay educational support for his daughter, ordering clarification of the order and father’s obligations to pay toward educational support and child support arrearage.
Darnell Chivers v. State of Indiana (NFP)
24A01-1205-PC-206
Post conviction. Affirms denial of relief from his 20-year sentence for convictions of Class B felony counts of armed robbery and two counts of Class B felony criminal confinement.
Stanley Short v. State of Indiana (NFP)
69A01-1204-CR-154
Criminal. Affirms conviction of Class C felony escape.
Darnell Tinker v. State of Indiana (NFP)
02A03-1112-CR-587
Criminal. Reaffirms on rehearing conviction for unlawful possession of a firearm by a serious violent felon and his sentence as a habitual offender.
Tori R. Driver v. Todd W.A. Driver (NFP)
20A04-1208-DR-437
Domestic relations. Reverses and remands modification of child support, instructing the trial court to include father’s bonuses as part of weekly gross income for calculation purposes.
William Gordon v. Toyota Motor Manufacturing of Indiana (NFP)
93A02-1211-EX-910
Executive administration/workers compensation. Vacates the board’s decision adopting and affirming the decision of the single hearing member and remands to the board with instructions to issue findings of fact and conclusions which comport with the Indiana Administrative Orders and Procedures Act such that the court can conduct, if necessary, appellate review of the board’s determination.
Termaine T. Fields v. State of Indiana (NFP)
02A03-1206-CR-278
Criminal. Affirms conviction of Class D felony residential entry, Class A misdemeanor domestic battery and determination as a habitual offender.
In Re The Marriage of Laura R. Chickadaunce and Mark A. Chickadaunce; Laura R. Chickadaunce v. Mark A. Chickadaunce (NFP)
77A01-1206-DR-287
Divorce. Affirms dissolution of marriage order.
John T. Haub, Jr. v. State of Indiana (NFP)
88A01-1206-CR-297
Criminal. Affirms in part, reverses in part and remands convictions of two Class C felony counts of burglary, three Class C felony counts of auto theft, a Class C felony count of receiving stolen auto parts, a Class A misdemeanor count of driving while suspended and an adjudication as a habitual offender. Remanded with instructions to vacate the second burglary conviction and to correct the sentencing order to provide that the habitual offender enhancement applies to a particular offense.
Justin M. Lewis v. State of Indiana (NFP)
12A04-1210-CR-556
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/april/04091302tac.pdf
Criminal. Affirms convictions of Class D felony counts of criminal confinement and domestic battery; Class A misdemeanor counts of possession of marijuana and possession of paraphernalia; a Class B misdemeanor count of criminal mischief and adjudication as an habitual offender.
Dennis Fahlsing v. Shannon Fahlsing and Angela Taylor (NFP)
57A05-1211-CC-584
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/april/04091302par.pdf
Collections. Affirms denial of summary judgment in favor of defendants and order staying the action and compelling arbitration.
Robert Hamilton v. Jerry Ablitar (NFP)
07A04-1209-SC-496
Small claims. Affirms judgment in favor of Ablitar.
Enri Franklin v. State of Indiana (NFP)
49A05-1209-CR-464
Criminal. Affirms conviction of Class B misdemeanor public intoxication.
Martize Sevion v. State of Indiana (NFP)
18A04-1207-CR-384
Criminal. Affirms in part and reverses in part convictions on two counts of Class B felony criminal confinement, two counts of Class C felony intimidation and one count of Class D felony pointing a firearm, and adjudication as a habitual offender. The pointing a firearm conviction must be reversed as double-jeopardy.
Indiana Supreme Court and Indiana Tax Court issued no opinions Tuesday by IL deadline.
ACLU of Indiana planning 60th anniversary celebration
The American Civil Liberties Union of Indiana will be marking a major milestone by meeting at a historic site.
Opinions April 9, 2013
7th Circuit Court of Appeals
Nancie Cloe v. City of Indianapolis
12-1713
Civil/discrimination. Affirms District Court grant of summary judgment to Indianapolis on Nancy Cloe’s argument that the city failed to reasonably accommodate her injury, but reversed and remanded the District Court’s summary judgment against Cloe’s claims that she was discriminated against and faced retaliation for requesting a work accommodation be made because of her disability.
COA rules trial court cannot exceed scope of plea agreement
A man will have to serve his full sentence, but the Indiana Court of Appeals has ruled since his plea agreement makes no mention of restitution, he will not have to pay.
7th Circuit upholds precedent but asks for further guidance from U.S. Sentencing Commission
Although a gun buyer had his sentence affirmed, his argument for reduced time has caused the 7th Circuit Court of Appeals to call upon the Sentencing Commission to clarify a section of the U.S. Sentencing Guidelines.