Dickson encourages compromise on House Democrat fines suit
Indiana Chief Justice Brent Dickson implored litigants to resolve a lawsuit over the collection of fines levied on House Democrats who walked out of the Legislature in 2011 and 2012.
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Judge: DOC treatment of mentally ill unconstitutional
A lack of basic treatment for mentally ill Indiana Department of Correction inmates held in isolation violates the U.S. Constitution’s Eighth Amendment prohibition of cruel and unusual punishment, a federal judge ruled Monday.
Justices decide to allow big exhibit at arguments
The Indiana Supreme Court has reversed an order it issued Monday that prevented an appellant from bringing in a utility truck bucket to arguments scheduled Thursday.
Opinions Dec. 31, 2012 ILD
No Indiana Court of Appeals, Indiana Supreme Court or Indiana Tax Court opinions were released on Wednesday. No Indiana opinions were released before IL deadline Wednesday by the 7th Circuit Court of Appeals.
Dec. 31, 2012
Indiana Court of Appeals
Albert Jackson Counce v. State of Indiana (NFP)
15A05-1206-CR-29
Criminal. Affirms 20-year sentence for conviction of Class B felony robbery resulting in injury.
In Re the Paternity of Z.H.; S.E. v. C.H. (NFP)
82A05-1205-JP-257
Juvenile/parenting. Dismisses appeal of order for parties to participate in treatment, counseling and therapy.
Dandre Matlock v. State of Indiana (NFP)
79A02-1205-CR-465
Criminal. Affirms convictions of dealing and possession of marijuana and cocaine, maintaining a common nuisance and two counts of neglect of a dependent.
Roy G. Lewis v. State of Indiana (NFP)
43A05-1207-CR-347
Criminal. Affirms revocation of probation and execution of suspended sentence for Class D felony operating a vehicle while intoxicated.
Damon Gee v. State of Indiana (NFP)
27A02-1203-CR-257
Criminal. Affirms convictions of Class B felony possession of a firearm by a serious violent felon and Class D felony possession of a stolen vehicle.
In the Matter of the Term. of the Parent-Child Rel. of A.D.; and M.D. v. Indiana Dept. of Child Services (NFP)
71A03-1204-JT-204
Juvenile. Affirms termination of parental rights.
Micha Seymour v. State of Indiana (NFP)
49A02-1206-CR-489
Criminal. Affirms in part, reverses in part and remands with instructions to vacate a habitual offender adjudication and vacate the 30-year sentence enhancement on a conviction of attempted murder.
Arthur J. Bryant v. State of Indiana (NFP)
31A04-1109-PC-542
Post-conviction relief/rehearing. Reaffirms denial of post-conviction relief.
In Re the Paternity of K.H., S.E. v. C.H. (NFP)
82A01-1205-JP-222
Juvenile. Dismisses appeal of order that parties participate in treatment, counseling and therapy.
Roy Bessler v. State of Indiana (NFP)
15A04-1201-CR-37
Criminal. Affirms conviction and 30-year sentence on two counts each of Class A and Class B felony dealing in cocaine.
George R. Clark v. State of Indiana (NFP)
59A05-1205-CR-253
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Francis McDonnell, M.D. v. Stacy Wissel, as Trustee of the Bankruptcy Estate of Roy L. Harris and Anita K. Harris (NFP)
82A04-1202-CT-56
Civil tort. Affirms trial court determination of liability and interest but reverses prejudgment interest award.
James L. Morgan v. State of Indiana (NFP)
88A01-1206-CR-254
Criminal. Affirms trial court order imposing sanctions after revocation of probation.
Kimberly A. Harrison and Christine G. Portell v. Yale Rice, III, as Trustee of the Yale Rice, Jr. Living Trust, et al. (NFP)
06A01-1203-TR-126
Trust. Affirms trial court approval of final accounting and finding of no breach of fiduciary duty by the trustee.
Paulette Petkovich, et al. v. Prime Contractors Co., Inc. (NFP)
64A03-1203-MF-102
Mortgage foreclosure/rehearing. Affirms prior ruling in all respects, again denying Prime’s request for appellate attorney fees.
Joseph Ward v. State of Indiana (NFP)
89A01-1206-CR-277
Criminal. Affirms 34-year sentence for convictions of Class A felony child molestation and Class C felony child exploitation.
Joseph Rushing v. State of Indiana (NFP)
27A02-1201-PC-91
Post-conviction relief. Affirms denial of post-conviction relief on child molestation convictions.
Job Steel Corp, and Lisco, Inc. v. Board of Zoning Appeals of the Town of Burns Harbor and the Plan Commission of the Town of Burns Harbor (NFP)
64A05-1205-PL-245
Civil plenary. Affirms the Board of Zoning Appeals’ denial of an application for a special exception to operate a truck terminal.
Marvin Dewayne Davey v. State of Indiana (NFP)
10A01-1205-CR-229
Criminal. Affirms revocation of probation and order Davey serve remainder of sentence in the Department of Correction.
Joseph Laich, III v. State of Indiana (NFP)
45A03-1205-CR-206
Criminal. Affirms conviction of Class B felony aggravated battery.
T.S. v. State of Indiana (NFP)
49A04-1204-JV-213
Juvenile. Affirms commitment of T.S. to the Department of Correction for an indeterminate time at a juvenile correctional facility after adjudication as a delinquent for an act that would be Class C felony battery with a deadly weapon if committed by an adult.
Ronald Rostochak v. State of Indiana (NFP)
92A05-1112-CR-688
Criminal. Affirms conviction and sentence of 25 years executed for a conviction of Class A felony child molestation.
Jason Castillo v. State of Indiana (NFP)
34A04-1204-CR-212
Criminal. Affirms conviction and six-year sentence for convictions of Class C felony operating a motor vehicle after lifetime suspension and Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of at least 0.15 percent.
Bradley C. Taylor v. State of Indiana (NFP)
35A02-1204-CR-348
Criminal. Affirms conviction of Class C felony child molestation.
Shawn D. Jaco v. State of Indiana (NFP)
82A01-1203-CR-104
Criminal. Affirms convictions of Class B felony aggravated battery and Class C felony criminal confinement.
Demaris Snyder Wehr, Timothy John Snyder, Terence Glen Snyder and Daniel Owen Snyder v. Thomas Price, II, individually and as the named executor of the estate of Nilah Snyder, et al. (NFP)
89A04-1202-PL-76
Civil plenary. Affirms trial court judgment on pleadings concluding that beneficiaries had not breached any contract or tortiously interfered with any inheritance.
Townsend H. Porter, Jr., Townsend Porter Revocable Trust, and Brian H. Merritt v. 1st Source Bank (NFP)
71A03-1205-CC-236
Civil collection. Affirms trial court’s denial of Porter’s request for exemption from proceedings supplemental.
Opinions Dec. 31, 2012
Indiana Court of Appeals
Indiana Public Employee Retirement Fund v. Paul Bryson
49A04-1201-MI-2
Miscellaneous. Affirms original opinion that Bryson’s on-duty injury was a “covered impairment” making him eligible for Class 1 impairment disability benefits even though he had a pre-existing condition.
COA reverses conviction after BMV stumbles over address
A driver whose conduct was “clearly blameworthy” had his conviction overturned after the Indiana Court of Appeals found the state’s evidence did not prove beyond a reasonable doubt that the driver knew his license was suspended.
In test of 2012 emancipation law, COA affirms denial of college expenses
A statutory change in the age of emancipation for child support, except for educational support, does not preclude courts from modifying educational support obligations when parents demonstrate changes in their financial circumstances, the Indiana Court of Appeals ruled Monday.
Traffic stop based on companion’s statement did not violate constitutional protections
Police had the “reasonable suspicion” required to stop a possible impaired driver, the Indiana Court of Appeals has ruled, even though the driver’s companion did not specifically tell the officers the driver was intoxicated.
Previous back problems not enough to disqualify public employee from disability benefits
Although an employee had a pre-existing condition, the Indiana Court of Appeals ruled his on-duty injury qualified him for Class 1 impairment disability benefits from the Indiana Public Employee Retirement Fund.
Judge Kiely takes oath for Vanderburgh Circuit Court
The Hon. David D. Kiely was sworn in Wednesday as the new Vanderburgh Circuit Court judge. A ceremony was scheduled at noon in the Vanderburgh Circuit courtroom.
2012 Year in Review
2012 was another busy year for the legal community. We welcomed new justices and a new chief justice, witnessed the beginnings of the state’s fifth law school, and saw local stories garner national and international attention. Here’s a look back at the top news stories from last year.
IBA: Pro Bono Standing Committee Expands Low Asset Will Program for 2013
The Indianapolis Bar Association offers a Low Asset Will Program, which is made possible through the generosity of the Indianapolis Bar Foundation. The Low Asset Will Program is designed to help as many of these individuals as possible.
IBA: Lawyers Doing Good
Upon first learning that I am an attorney, a non-attorney friend said to me, “despite all of the stereotyped joke opportunities, lawyers do a lot of good in this world.” He is right.
IBA: The Bar Leader Series Journey: Facing the Community’s Challenges Head On
As members of the Indianapolis bar and aspiring leaders, it is incumbent upon our group, the Bar Leader Series Class X, to work to understand important challenges facing our community and to contribute to the public discourse.
IBA: Interrogatories – Candid Q&A with the Bench and Bar
Hon. Elaine B. Brown Judge, Indiana Court of Appeals
Indiana Court Decisions – Dec. 12 TO 20, 2012
Read appellate opinions from Indiana’s courts and the 7th Circuit Court of Appeals.
McGoff: It is a new year, start creating a new ‘you’
Each year, as Jan. 1 approaches and we gaze in the mirror at the after effects of the holidays … dark circles under our eyes, too many cookies and an over-abundance of cocktail parties, we set our sights on resolutions. We vow that “this time” we are going to do it! However, the statistics show that over 80 percent of us who set New Year’s resolutions will fail.
Badger: To arbitrate or litigate, that is the question
In my world of dispute resolution, one of the most basic questions is whether a particular business dispute should be resolved in arbitration or in a court of law. Like many of the questions I am frequently asked by clients, there is no simple answer that fits all occasions and situations.
Lucas: 2013 brings opportunities to effect change
As I write the first of my 2013 columns, my inclination is to put on my rose-colored glasses and look with optimism toward the year ahead. While I feel that I am truly a glass-half-full kind of gal, I am also a realist and not a fan of people who stick their heads in the sand and pretend things are OK when they are not.