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Settlement talks set for Don Marsh severance dispute

Lawyers for Marsh Supermarkets Inc. and its former CEO are set to meet Monday in hopes of finally ending their years-long court battle in which the company already has notched a partial victory.

Opinions Feb. 28, 2013 ILD

Indiana Court of Appeals
Joseph E. Sanders v. State of Indiana (NFP)
02A03-1208-CR-372
Criminal. Affirms convictions and sentence for Class D felony domestic battery and Class D felony escape.

Donald W. Campbell v. State of Indiana (NFP)
45A04-1109-CR-473
Criminal. Affirms conviction and sentence for murder.

Jennifer Simpson v. Donald Simpson (NFP)
02A03-1204-DR-168
Domestic relation. Affirms denial of Jennifer Simpson’s motion for relief from judgment pursuant to Ind. Trial Rule 60(B).

Loren H. Fry v. Terry L. Schroder and Robert C. Schroder, Individually and as beneficiaries and personal representatives of the Estate of David H. Schroder (NFP)
09A02-1206-CT-474
Civil tort. Affirms order denying Fry’s motion to stay the civil proceedings brought against him by the Schroders, individually and as beneficiaries and personal representatives of the estate.

Term. of the Parent-Child Rel. of K.M. and J.H., Jr.: K.M., Mother of K.M. and J.H., Jr.; M.M., Father of K.M.; and J.H., Sr., Father of J.H., Jr. (NFP)
20A04-1206-JT-334
Juvenile. Affirms termination of parental rights.

Anthony Szuch v. State of Indiana (NFP)
82A04-1208-CR-403
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

Larry Collins, Jr. v. State of Indiana (NFP)
71A05-1206-PC-319
Post conviction. Affirms denial of petition for post-conviction relief.

Frederick James Burton v. State of Indiana (NFP)
71A04-1208-CR-426
Criminal. Affirms revocation of probation and order that Burton serve entire previously suspended sentence, with credit for time served.

Bret Shaw v. Bryan C. Jerman (NFP)
49A02-1203-PL-164
Civil plenary. Reverses summary judgment for Jerman and remands for further proceedings on Shaw’s lawsuit after he was denied insurance coverage for losses claimed after a burglary.

F.E. v. J.E. (NFP)
55A01-1207-DR-311
Domestic relation. Affirms in part, reverses in part the decree and property disposition order in the dissolution of marriage and remands for further proceedings.

F.G. v. State of Indiana (NFP)
49A04-1208-JV-415
Juvenile. Affirms adjudication that F.G. committed what would be Class D felony intimidation if committed by an adult.

Danny Clark v. State of Indiana (NFP)
59A01-1205-CR-203
Criminal. Affirms sentence for Class B misdemeanors public intoxication and disorderly conduct and remands for the trial court to apply any credit time earned to the suspended portion of Clark’s sentence. Judge Melissa May concurs in result.

In Re the Paternity of: B.V.L., S.B. v. B.L. (NFP)
48A02-1206-JP-491
Juvenile. Affirms grant of custody of B.V.L. to father B.L.

Jeramie Rangel v. State of Indiana (NFP)
27A05-1206-CR-308
Criminal. Affirms sentence following conviction of Class C felony nonsupport of a dependent child.

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

Opinions Feb. 28, 2013

Indiana Court of Appeals
Verdyer Clark v. State of Indiana
49A04-1202-CR-66
Criminal. Grants rehearing for clarification and affirms in all respects. Holds that the determination whether the age of a perpetrator is relevant to a child victim’s medical diagnosis or treatment is best left to another case.

Judges uphold refund to pilot unhappy with plane rental’s service

A man who prepaid into an account to be used when he rented planes to fly is entitled to a refund of $1,755.88 from a company offering flight instruction and rentals, the Indiana Court of Appeals ruled. The judges rejected the company’s claims that the small claims court erred by ruling in the pilot’s favor.

Rehearing sidesteps state’s claims in battery case

On a petition for rehearing, the state claimed a recent decision by the Indiana Court of Appeals held that “a social worker would always be a declarant in child abuse cases, even when the social worker is merely a scribe.” But the judges disagreed and decided that this particular case is not the proper one to make such a blanket determination.

Amendment to law allows father to terminate child support

An amendment to Indiana Code last year lowering the age child support may be terminated to 19 trumped a previous dissolution decree that said a father must pay support for his son until he turns 21, the Indiana Court of Appeals has decided.

Settlement in works for teens expelled for online death threats

Griffith Public Schools and the three teens expelled from eighth grade because of a Facebook conversation are in the process of finalizing a settlement agreement, according to a joint status report filed Wednesday in federal court.

Environmental groups lob new suit at I-69 work

An Indiana environmental group once again is attempting to stop construction of the Interstate 69 extension between Evansville and Indianapolis by filing suit in federal court.

Opinions Feb. 27, 2013 ILD

Indiana Court of Appeals
Paula Tackett v. State of Indiana (NFP)
35A05-1205-CR-267
Criminal. Affirms convictions and sentence for Class A felony dealing in methamphetamine and Class B felony conspiracy to commit dealing.

Michael Chambers v. State of Indiana (NFP)
53A01-1209-CR-401
Criminal. Affirms convictions of two counts of Class B felony sexual misconduct with a minor but remands to the trial court with instructions to impose concurrent sentences.

Jason A. Cafouras v. State of Indiana (NFP)
16A01-1208-CR-347
Criminal. Affirms conviction of Class A misdemeanor of driving while suspended.

Michael Merriweather v. State of Indiana (NFP)
49A05-1204-CR-159
Criminal. Affirms convictions of Class B felonies robbery and attempted robbery, Class A misdemeanor carrying a handgun without a license and Class C felony carrying a handgun without a license. Remands with instructions to correct the abstract of judgment and chronological case summary because they contain clerical errors.

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.
 

Bill creating study of judicial retirement benefits moves to House

A Senate bill asking the Legislative Council to have the Pension Management Oversight Commission look at the retirement, disability and death benefits provided to judges and full-time magistrates passed out of the Senate Tuesday by a vote of 50-0.

Judges uphold man’s convictions for stealing from neighbor

Lamont Holloway argued that the state didn’t prove that he was the one who stole a television and gaming system from his neighbor, but the Indiana Court of Appeals held that the evidence supports his burglary and theft convictions.