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Chief Justice Brent Dickson has appointed Justices Steven David and Loretta H. Rush to serve as the Indiana Supreme Court’s liaison representatives to the Court Improvement Program executive committee.
Attorney General Greg Zoeller’s office announced late Friday that Indiana will likely participate in some way in the California case involving the definition of marriage that the U.S. Supreme Court accepted Dec. 7.
The Indiana Court of Appeals issued a 20-page order Dec. 7 outlining why Judges Edward Najam and Elaine Brown dismissed The Indianapolis Star’s latest appeal against having to release the name of an online commenter to the plaintiff in a lawsuit.
A Marion County man had his conviction overturned after the Indiana Court of Appeals found a social worker’s statements about his age were hearsay because they were not made specifically for a medical purpose.
A civil judgment in favor of a woman who claimed her ex-husband battered her and forged her name on a quitclaim deed was vacated Friday. A Court of Appeals panel ruled that evidence of the ex-husband’s criminal convictions from the 1980s were prima facie error.
The majority on the Indiana Court of Appeals affirmed the trial court’s ruling in favor of a leasing company on a suit brought by the homeowners after the lessees failed to pay their rent.
For publication opinions are detailed in the stories above. The 7th Circuit Court of Appeals and Indiana Supreme Court and Tax Court released no opinions by IL deadline.
Indiana Court of Appeals
Brenda Varo v. State of Indiana (NFP)
49A05-1203-CR-144
Criminal. Affirms convictions of Class C felony conspiracy to commit battery and Class D felony criminal gang activity.
In Re the Marriage of Lisa L. Shisler and Ned L. Shisler; Ned L. Shisler v. Lisa L. Shisler (NFP)
57A03-1109-DR-450
Domestic relation. Reverses distribution of marital estate and remands for further proceedings.
Vickie Jessie v. State of Indiana (NFP)
49A02-1205-CR-413
Criminal. Affirms conviction of Class A felony criminal deviate conduct and order that Jessie pay $2,090 in restitution to her victim.
Michael R. Krohn v. State of Indiana (NFP)
45A03-1203-CR-131
Criminal. Affirms sentence for Class D felony operating a motor vehicle while intoxicated causing serious bodily injury.
Quinn Nelson v. State of Indiana (NFP)
49A04-1203-CR-145
Criminal. Affirms conviction of Class A felony attempted murder and adjudication as a habitual offender.
Anthony White v. State of Indiana (NFP)
49A02-1204-CR-321
Criminal. Affirms convictions of Class D felony attempted theft and Class A misdemeanor criminal trespass.
Deandre L. Mathews v. State of Indiana (NFP)
49A02-1205-CR-416
Criminal. Affirms conviction of Class B felony burglary.
Andrea Averitte v. State of Indiana (NFP)
49A02-1203-CR-251
Criminal. Affirms conviction of Class C felony forgery.
Michael McClellan v. State of Indiana (NFP)
02A03-1204-CR-180
Criminal. Affirms sentence following conviction of two counts of Class C felony stalking.
Indiana Court of Appeals
Terry L. Brown v. Tammy S. Brown
77A01-1204-PL-180
Civil plenary. Reverses civil judgment in favor of Terry Brown’s ex-wife. The trial court abused its discretion when it admitted evidence regarding criminal offenses he committed more than 20 years ago. Remands for further proceedings.
A divided Court of Appeals upheld a man’s possession of marijuana conviction that stemmed from a 911 call. Dissenting Judge James Kirsch doesn’t believe that the providing of a name by a 911 caller removes this case from the category of an anonymous caller, thus the call doesn’t give police enough evidence to stop the car the defendant was in.
Marion Superior Judge Grant Hawkins has ordered the trial for Indianapolis Metropolitan Police Officer David Bisard moved from the Indianapolis media market because of publicity surrounding the fatal accident involving the officer in 2010.
The stories above detail the for-publication Indiana Court of Appeals decisions released today. The Indiana Supreme Court and Tax court release no decisions, and 7th Circuit Court of Appeals released no Indiana decisions, prior to IL deadline.
Indiana Court of Appeals
In Re: The Adoption of K.H.: S.H. (Mother) v. W.B. and B.B. (Guardians) (NFP)
59A01-1205-AD-212
Adoption. Affirms denial of motion to correct error, which challenged the adoption of K.H.
Toni Cox v. State of Indiana (NFP)
49A02-1205-CR-367
Criminal. Affirms conviction of disorderly conduct.
Hugh Z. Nelson v. Renee Burtin (NFP)
45A03-1111-DR-576
Domestic relation. Dismisses appeal of the disposition of the marital assets.
Andra Dossey v. State of Indiana (NFP)
27A04-1204-CR-175
Criminal. Affirms order Dossey serve his entire previously suspended sentence after his probation was revoked.
Steven Kamp v. State of Indiana (NFP)
66A05-1109-PC-485
Post conviction. Grants rehearing to clarify certain factual assertions made in the original opinion and reaffirms in all respects.
Indiana Court of Appeals
Connie Yates, Rick Yates, Jason Tibbs, and Pauline Tibbs v. Levi Wayne Kemp
50A04-1204-CT-192
Civil tort. Reverses grant of partial summary judgment to Kemp on the Yateses’ and Tibbses’ claims for nuisance. Based on the plain language of I.C. 14-22-31.5-6 and its context in the act as a whole, Kemp is not shielded by section 6 from liability related to his neighbors’ nuisance claims arising from noise pollution. There is also a material fact as to whether Kemp has caused his neighbors to experience inconvenience, annoyance or discomfort.
Relying on California law and a case from 2006, the Indiana Court of Appeals affirmed that an insurer of former film-processing sites has no obligation to indemnify Thomson Inc. for the remediations of three California locations.
The IndyBar Paralegal Committee Thursday delivered the thousands of teddy bears it has collected from various law firms to the “Bears on Patrol” program. The program is run by the Indianapolis Metropolitan Police Department, Marion County Sheriff’s Department, Indianapolis Fire Department and Wishard Health Services EMS.
A Marshall Circuit judge erred in granting partial summary judgment in favor of a shooting range owner on his neighbors’ claims of nuisance, the Indiana Court of Appeals held Thursday. The appellate judges found a statute cited by the trial court did not apply to the owner.
Indiana Court of Appeals
Tarique Henderson v. State of Indiana (NFP)
49A04-1202-CR-50
Criminal. Affirms convictions of Class A felony attempted murder and Class B felony unlawful possession of a firearm by a serious violent felon.
Agustin Martinez v. State of Indiana (NFP)
49A02-1203-CR-197
Criminal. Affirms convictions of two counts of Class C felony child molesting.
Kamari Hogue, A Minor, By and Through His Parent And Next Friend, Trent Hogue v. Robert Critz, Jr. (NFP)
02A05-1204-CT-192
Civil tort. Affirms jury verdict in Critz’s favor on Houge’s suit for negligence.
Robert D. Rogers, Jr. v. State of Indiana (NFP)
02A05-1204-CR-211
Criminal. Affirms conviction of failure to register as offender, elevated to a Class C felony as a result of a previous conviction for failure to register.
Mahamat Outman v. State of Indiana (NFP)
20A03-1204-CR-197
Criminal. Affirms application of the credit restricted felon statute to Outman’s conviction for Class A felony child molesting as alleged in Count III was not an ex post facto violation.
Kelvin Whitby v. State of Indiana (NFP)
02A03-1205-CR-226
Criminal. Affirms sentence for Class D felony domestic battery.
First Chicago Insurance Company v. Philip Hempel, Farm Bureau Insurance Company of Michigan, and American Transportation on Time, Inc. (NFP)
71A03-1202-PL-64
Civil plenary. Affirms dismissal of First Chicago’s complaint for declaratory judgment. The trial court did not err in dismissing the declaratory judgment action on principles of comity.
Susan Edwards v. Deutsche Bank National, Trust Company (NFP)
02A03-1201-MF-24
Mortgage foreclosure. Affirms summary judgment in favor of the bank in the bank’s in rem action against real property owned by Edwards.
Term. of the Parent-Child Rel. of: A.T., Minor Child, M.T., Father v. Indiana Dept. of Child Services (NFP)
42A04-1203-JT-118
Juvenile. Affirms involuntary termination of father’s parental rights.
Herman Gehl, II v. State of Indiana (NFP)
13A01-1203-CR-92
Criminal. Affirms sentence following guilty plea to two counts of Class D felony invasion of privacy.
7th Circuit Court of Appeals
United States of America v. Gregory Wolfe
11-3281
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms convictions of bank theft and interstate transportation of stolen goods for Wolfe’s role in a copper theft scheme and his 88-month sentence, followed by concurrent three-year terms of supervised release, and order of more than $3 million in restitution. Wolfe argued that he was deprived of a fair trial because of statements the prosecutor made during closing argument. He also challenged the sentence and restitution order. Wolfe’s contentions lack merit.
The 7th Circuit Court of Appeals rejected a defendant’s argument that the court should go against its precedent that restitution is not a criminal penalty and that a recent U.S. Supreme Court holding means the jury should determine the amount of restitution he should pay for his role in copper theft.
Ruling on the issue for the first time, the Court of Appeals held a 911 recording that involves statements by a caller that were relayed from a victim are admissible where the victim had personal knowledge of the underlying incident but the caller did not.
The Indiana Court of Appeals affirmed Bret Lee Sisson’s felony convictions of burglary, theft, receiving stolen property and unlawful possession of a firearm by a serious violent felon, finding no abuse of discretion or fundamental error during his trial.