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Opinions May 17, 2013 ILD

Indiana Court of Appeals
Ladonna A. Reck, As Personal Rep. of the Estate of Evelyn L. Holmes v. Harry Clifton Knight, M.D., Mona Siddiqui Saifullah, M.D., Community Health Network, Inc., et al. (NFP)
49A05-1208-CT-428
Civil tort/medical malpractice. Affirms denial of motion to correct error filed following dismissal of the proposed complaint after a statutorily imposed deadline passed.

Robert V. Allen v. State of Indiana (NFP)
71A03-1209-CR-408
Criminal. Affirms conviction of Class D felony theft.

Rodney D. Mosby v. State of Indiana (NFP)
71A04-1209-CR-469
Criminal. Affirms conviction of Class B felony robbery and Class A misdemeanor resisting law enforcement.
 
The Indiana Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.

Opinions May 17, 2013

Indiana Supreme Court
State of Indiana ex rel. Glenn D. Commons, et al. v. The Hon. John R. Pera, et al.
45S00-1303-OR-209
Original action/judiciary. Grants in part and denies in part relief sought by relators, Lake County magistrates, who sought to prevent civil division Judge Nicholas Schiralli from transferring to the juvenile bench. The court held that Schiralli, who had not been appointed to the bench through merit selection, may not transfer without first being appointed through merit selection. The court denied the magistrates’ request that no judicial transfers be allowed without merit selection. The court denied Lake County judges’ assertion that the Lake County merit selection statute in question, I.C. 33-33-45-21(e), is unconstitutional.

Justices block Schiralli’s Lake County bench transfer

The Indiana Supreme Court blocked the transfer of a judge who sought to replace former Lake Superior Juvenile Court Judge Mary Beth Bonaventura after her appointment to head the Department of Child Services.

Opinion May 16, 2013 ILD

Indiana Court of Appeals
Tammy Spengler v. State of Indiana (NFP)
88A01-1207-CR-318
Criminal. Affirms trial court acted within its discretion in admitting the jailhouse recordings of Spengler’s conversation with her co-defendant and mother, and the evidence is sufficient to sustain her convictions of murder, aiding in murder and invasion of property. Affirms sentence is appropriate.

In the Matter of the Adoption of A.V.W. and R.V.W.; E.S. v. D.K. and J.K. (NFP)
55A05-1210-AD-551
Adoption. Affirms grant of D.K. and J.K.’s petitions to adopt the minor children.

Gregory Johnson v. State of Indiana (NFP)
49A02-1209-CR-709
Criminal. Affirms convictions of Class A felony dealing in cocaine and dealing in a narcotic drug.

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 May 16, 2013

Indiana Court of Appeals
Jason Lee Sowers v. State of Indiana
08A02-1208-CR-640
Criminal. Reverses convictions of Class D felonies criminal recklessness and resisting law enforcement. The bailiff improperly communicated with the jury foreperson, resulting in fundamental error. Remands for further proceedings. Judge Bradford dissents.

COA: Man knowingly pleaded guilty to fraud charge

A post-conviction court correctly denied relief to a man on his felony fraud conviction after determining that his felony failure to register conviction should be vacated, the Indiana Court of Appeals ruled. Anthony McCullough pleaded guilty to the separate charges in one agreement.

Opinions May 15, 2013 ILD

Indiana Court of Appeals
Lee Yoder v. State of Indiana (NFP)
17A03-1206-CR-294
Criminal. Affirms conviction of Class B felony arson.

Hugo Torres v. City of Hammond (NFP)
45A03-1210-OV-430
Local ordinance violation. Affirms denial of Torres’ motion to dismiss for lack of personal jurisdiction.

Christopher S. Edwards v. State of Indiana (NFP)
73A01-1210-CR-446
Criminal. Affirms denial of Edwards’ motion to withdraw guilty plea.

Maria Collaros v. Gary Community School Corp. (NFP)
93A02-1212-EX-1034
Agency appeal. Affirms conclusion that Collaros is not permanently and totally disabled.

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 May 15, 2013

Indiana Court of Appeals
Richard J. Bond and Janet A. Bond, et al. v. Templeton Coal Company, Inc.
42A01-1209-PL-419
Civil plenary. Affirms summary judgment for Templeton Coal Co. on its complaint to quiet title to certain mineral interests. Considering Section 2’s ambiguity, the rule to strictly construe acts in derogation of the common law, and the Mineral Lapse Act’s underlying purposes, holds that Section 2 of the Act is limited in its retroactive application to only the twenty-year period immediately preceding the effective date of the Act, or September 2, 1951.

US Chief Justice Roberts to speak at LaPorte alma mater

United States Chief Justice John G. Roberts will find himself in a familiar place later this month when he delivers the commencement speech at La Lumiere School in LaPorte. Roberts is a 1973 graduate of the school.

Court reform grant applications due July 1

Courts that would like financial help to implement recommended improvements have until July 1 to apply for grants from the Division of State Court Administration.

Opinions May 14, 2013 ILD

Indiana Court of Appeals
David A. Warner v. State of Indiana (NFP)
07A05-1207-CR-386
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class B misdemeanor possession of a switchblade.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

Opinions May 14, 2013

Indiana Supreme Court
State of Indiana v. John Doe
49S00-1201-CT-14
Civil tort. Reverses judgment declaring I.C. 34-51-3-4, -5, and -6 impermissibly inconsistent with Article 1, Section 20 and Article 3, Section 1 of the Indiana Constitution. The cap and allocation scheme of punitive damages does not infringe upon the right to a jury trial, and the cap does not offend the separation of powers. Remands with instructions to grant Stewart’s motion to reduce the punitive damages to the statutory maximum and order that 75 percent of the award be deposited in the Violent Crime Victim Compensation Fund. 

Convenience stores sue to be able to sell cold beer

The Indiana Petroleum Marketers and Convenience Store Association has filed a complaint in federal court challenging the law governing the sale of cold beer. Convenience stores, pharmacies and groceries are unable to sell cold beer under current law.