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Opinions July 11, 2013 ILD

Indiana Court of Appeals
Paul Monet Fontaine v. State of Indiana (NFP)
45A03-1211-CR-476
Criminal. Affirms sentence for Class C felony forgery.

Cecilia Kelly v. GEPA Hotel Owner Indianapolis LLC, GEPA Hotel Operator Indianapolis LLC, and Schindler Elevator Corporation (NFP)
49A04-1210-CT-509
Civil tort. Reverses grant of summary judgment in favor of GEPA Hotel Owners Indianapolis, GEPA Hotel Operator and Schindler Elevator Corp. on Kelly’s negligence lawsuit.

David L. Howard v. State of Indiana (NFP)
46A04-1212-PC-639
Post conviction. Affirms denial of petition for post-conviction relief.

Dana L. Smith v. James L. Smith (NFP)
49A05-1210-DR-554
Domestic relation. Affirms order denying Dana Smith’s motion to correct error following the entry of the decree dissolving the Smiths’ marriage. Remands with instructions for the trial court to add an exhibit nunc pro tunc and to redistribute the decree to the parties.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
 

Opinions July 11, 2013

7th Circuit Court of Appeals
United States of America v. Danny Harmon
12-1502
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Criminal. Affirms convictions of marijuana conspiracy and related offenses and 360-month sentence. A trial continuance did not violate his Sixth Amendment right to a speedy trial and the disclosure of Harmon’s prior drug conviction did not deprive him of a fair trial. The court did not make a mistake in finding Harmon responsible for more than 10,000 kilograms of marijuana.

Judge finds Apple conspired to raise e-book prices

A judge in the U.S. District Court for the Southern District of New York ruled Wednesday that Apple Inc. colluded with major U.S. publishers to artificially raise the retail prices of e-books.

7th Circuit affirms drug convictions, sentence

The 7th Circuit Court of Appeals has upheld an Indiana man’s convictions and 360-month sentence for drug-related offenses, rejecting his claims that his right to a speedy trial was violated and the starting time of his offenses was incorrectly determined by the District Court.

Man accused of violating city ordinances entitled to jury trial

Because the underlying substantive claims brought against an Indianapolis man regarding his treatment of his dog are quasi-criminal, he is entitled to a jury trial under the Indiana Constitution, the Indiana Court of Appeals has ruled.

COA: Surrogate can not petition to disestablish maternity

A married woman who acted as a surrogate for another couple cannot petition to disestablish her maternity because it would cause the child to be “declared a child without a mother,” the Indiana Court of Appeals determined on interlocutory appeal.

COA affirms $1,380 restitution order for missing CDs, coins

The Indiana Court of Appeals held Thursday that a trial court did not err in letting the state present evidence of a victim’s loss for the first time at a restitution hearing. It affirmed an order that Kenneth Smith pay $1,380 to William Kirkham for missing CDs and coins.

Opinions July 10, 2013 ILD

Indiana Court of Appeals
Wesley Young v. State of Indiana (NFP)
49A02-1209-PC-753
Post conviction. Affirms denial of petition for post-conviction relief.

In Re the Marriage of Gregory Young v. Nicole Young (NFP)
20A03-1212-DR-538
Domestic relation. Affirms denial of father’s request to modify custody and the court’s award of maintenance to the mother.

Jacob Fuller v. State of Indiana (NFP)
48A02-1210-CR-848
Criminal. Affirms convictions and sentence for two counts of murder and one count of Class A felony robbery.

Adam Voegel v. State of Indiana (NFP)
49A05-1210-CR-502
Criminal. Affirms convictions and sentence for two counts each of Class A felony child molesting, Class C felony child molesting and Class D felony child solicitation; one count of Class D felony dissemination of matter harmful to minors; and two counts of Class A misdemeanor obscene performance.

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.
 

Lawyer accused of staging shooting avoids trial

A southern Indiana attorney accused of staging his shooting a little more than a year ago will avoid a trial that had been scheduled to begin Wednesday. The attorney will enter a guilty plea next month, but attorneys involved with the case said they won’t disclose details.

Opinions July 9, 2013 ILD

Indiana Court of Appeals
Term. of the Parent-Child Rel. of: R.J. and T.W. (minor children), C.J. (Mother) and K.J. (Father) v. The Indiana Dept. of Child Services (NFP)
15A01-1207-JT-427
Juvenile. Affirms involuntary termination of parental rights.

Larry A. Rowe, Jr. v. State of Indiana (NFP)
35A02-1212-CR-1016
Criminal. Affirms 12-year sentence for Class B felony burglary.

Brandon T. Wright v. State of Indiana (NFP)
02A04-1211-CR-609
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Steven Gates v. State of Indiana (NFP)
49A02-1208-CR-685
Criminal. Affirms denial of request for credit time for the completion of various programs while Gates was in the Marion County jail awaiting trial.

Raymond E. Schakel v. State of Indiana (NFP)
24A01-1301-CR-42
Criminal. Reverses conviction for Class A felony child molesting following guilty plea. Remands for further proceedings.

Phong Tien v. State of Indiana (NFP)
49A02-1301-CR-23
Criminal. Affirms sentence for Class D felony theft.

Turf Pro Plus, Inc. v. Indianapolis Department of Public Works, The City-County Council, and The Hon. Greg Ballard (NFP)
49A02-1301-CC-66
Civil collection. Dismisses Turf Pro’s appeal of the grant of the city’s motion to dismiss the company’s complaint regarding contracts to mow grass in city parks.

William Zollinger v. State of Indiana (NFP)
20A03-1211-PC-450
Post conviction. Affirms denial of petition for post-conviction relief.

In the Matter of the Termination of Parent-Child Relationship of R.E. and D.E. v. Indiana Department of Child Services (NFP)
20A05-1209-JT-469
Juvenile. Affirms involuntary termination of father’s parental rights.

Eugene Hill v. State of Indiana (NFP)
49A02-1210-CR-797
Criminal. Affirms revocation of probation and order Hill serve a 180-day sentence in the Marion County jail.

John S. Dillman, Jr. v. Michelle Dillman (NFP)
45A03-1209-DR-388
Domestic relation. Affirms order denying father’s petition to modify custody.

Matthew A. Baugh v. State of Indiana (NFP)
18A05-1210-PC-545
Post conviction. Affirms denial of petition for post-conviction relief.

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

Opinions July 9, 2013

7th Circuit Court of Appeals
Roger L. Peele v. Clifford Burch, individually and as Portage Police Department Chief, et al.
12-3562
U.S. District Court, Northern District of Indiana, Hammond Division, Magistrate Judge Paul R. Cherry.
Civil. Reverses summary judgment in favor of the city of Portgage and Portage Police Department chief and assistant chief on Peele’s lawsuit that he was transferred out of the detective bureau for talking to a local reporter about the loss of the election by the candidate he supported for mayor. A deposition by a police officer who held the station duty officer position before Peele and the suspicious timing of Peele’s transfer are enough to avoid summary judgment. Remands for further proceedings.

Man loses challenge to Internet access restrictions

A convicted sex offender’s probation condition restricting his access to certain websites and programs that are frequented by children does not violate the man’s First Amendment rights, the Indiana Court of Appeals ruled Tuesday.