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Opinions Jan. 17, 2013

January 17, 2013

Indiana Court of Appeals
Daniel Brewington v. State of Indiana
15A01-1110-CR-550
Criminal. Reverses convictions and sentences for intimidation of Dr. Edward Connor and intimidation of Heidi Humphrey and remands with instructions to vacate, which does not alter Daniel Brewington’s aggregate sentence. Affirms conviction for intimidation of Judge James Humphrey and for attempted obstruction of justice relating to Connor. Affirms in all other respects.

COA affirms man’s conviction of intimidating Dearborn County judge

January 17, 2013

A Dearborn County man who posted numerous articles online about a Superior judge who presided over his divorce alleging the judge was corrupt and a child abuser had his conviction of intimidation related to the conduct upheld by the Court of Appeals Thursday. But the judges found intimidation convictions relating to a psychologist who performed the custody evaluation and the judge’s wife could not stand.

Fired rabbi loses appeal

January 17, 2013

A Bloomington rabbi terminated less than a year into his contract with Congregation Beth Shalom lost his case before the Indiana Court of Appeals. He claimed he was fired for reporting child abuse, but the congregation said his contract was terminated for other conduct that fell under the ministerial exception.

COA upholds mother’s relocation to Illinois

January 17, 2013

A trial court’s decision to allow a mother and her two children to move to Illinois after marrying her fiancé was not an abuse of discretion by the court because the father didn’t show how the move would have a negative effect on the children.

Probate, child seduction bills move out of committees

January 17, 2013

Several bills moved out of legislative committee this week, including one that would expand the definition of child seduction to include a mental health professional engaging in certain sexual behavior with a patient between 16 and 18 years old.

Mock trial judges needed for new tournament in Indianapolis

January 17, 2013

Indiana University Bloomington Mock Trial organization is seeking practicing attorneys as volunteers for its first tournament, the Hoosier Hoedown, in Indianapolis. The tournament is Jan. 26 and 27 in the Indianapolis City-County Building.

Opinions Jan. 16, 2013 ILD

January 16, 2013

Indiana Court of Appeals
Douglas Moyer & Irk v. David M. Dugger and Diana Dugger (NFP)
06A05-1203-CC-122
Civil collection. Affirms denial of Douglas Moyer & Irk’s motion for summary judgment on the Duggers’ suit to recover fees and vacation time they claimed they earned while employed with DMI.

Pablo Garcia-Gomez v. State of Indiana (NFP)
02A04-1206-CR-290
Criminal. Affirms three-year sentence for Class D felony domestic battery.

Christopher Hudson v. State of Indiana (NFP)
48A04-1207-CR-355
Criminal. Affirms conviction of Class C felony possession of a dangerous material or device by a prisoner.

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 Jan. 16, 2013

January 16, 2013

Indiana Court of Appeals
Nick Domaschko and Edwina Domaschko, and their Respective Trusts, et al. v. State of Indiana
58A01-1206-PL-261
Civil plenary. Affirms trial court’s order of immediate appropriation and appointment of appraisers. The trial court properly determined that the state, through the Indiana Department of Transportation, was entitled by law to acquire the Domaschkos’ property.

INDOT can take Ohio County property for road improvements

January 16, 2013

The Indiana Court of Appeals found Wednesday that the Indiana Department of Transportation is entitled by law to acquire a portion of an Ohio County couple’s property to improve State Road 56.

Senator files bill restricting educational credit time for sex offenders

January 16, 2013

Sen. Jim Merritt, R-Indianapolis, announced Wednesday that he has introduced legislation to revise the state’s education credit law for sex offenders. He said eight months ago that he would seek to change the law after a sex offender was released early after earning this type of credit.

Lake Superior judge to be honored for service at MLK event

January 16, 2013

Gov. Mike Pence will recognize four people for their service and commitment to the community, including Lake Superior Judge Calvin D. Hawkins, at an event honoring the life and works of Martin Luther King Jr. Thursday at 12:30 p.m. at the Indiana Statehouse.

Indiana Democrats trying to jumpstart conversation on health care

January 16, 2013

A coalition of Democratic senators and representatives gathered at the Indiana Statehouse Wednesday morning to “jumpstart the conversation” on health care exchanges and Medicaid expansion.

Opinions Jan. 15, 2013 ILD

January 15, 2013

Indiana Court of Appeals
Designplan, Inc. and Jill D. Willey v. John R. Price and The National Bank of Indianapolis Corporation (NFP)
29A05-1203-PL-120
Civil Plenary. There was no breach of duty, and the trial court did not err by granting NBI’s motion for summary judgment.

Bin Mu v. State of Indiana (NFP)
49A05-1205-CR-310
Criminal. Affirms conviction of Class D felony criminal confinement and Class A misdemeanor battery.

Norma E. Singo, et al. v. Deutsche Bank National Trust Company Americas, and Fred Shimfessel, Richard Cart, d/b/a Cart's Creative Designs and Encore Credit Corp. (NFP)
39A01-1202-MF-48
Mortgage foreclosure. Affirms summary judgment in favor of Deutsche Bank, et al.

Kelly Lee Muncy, Kendra Marie Vondersaar, Karen Kay Muncy and Kim Sue Muncy v. Town of Avon, Indiana (NFP)
32A04-1203-OV-134
Local ordinance violation/zoning. Affirms trial court ruling that use of property for open storage violates an Avon zoning ordinance.

Pamela J. Podemski v. U.S. Bank National Association as Trustee (NFP)
20A03-1207-MF-325
Mortgage foreclosure. Affirms trial court denial of Pamela Podemski’s motion to set aside default judgment and foreclosure decree.

State of Indiana v. Jason Burkett (NFP)
09A02-1205-PC-356
Post conviction. Reverses and remands post-conviction relief court’s grant of petition for post-conviction relief.

Term. of the Parent-Child Rel. of Tr.C., Te.C., and K.C. (Minor Children); N.C. aka N.J. (Father) v. The Indiana Dept. of Child Services (NFP)
42A04-1205-JT-273
Juvenile. Affirms termination of parental rights.

 

Justices take 5 cases

January 15, 2013

The Indiana Supreme Court will weigh whether a student who resisted being handcuffed by a school resource officer merits adjudication as a delinquent for the equivalent of Class D felony resisting law enforcement.

Property mortgagor, managers owed no duty in case of drowned girl

January 15, 2013

A trial court correctly dismissed a wrongful death case the mother of a 5-year-old girl filed against a mortgage company and other defendants after the child drowned in the pool of a house that had been abandoned.

Opinions Jan. 15, 2013

January 15, 2013

Indiana Supreme Court
Timothy W. Plank, Individually and as Personal Representative of the Estate of Debra L. Plank, Deceased v. Community Hospitals of Indiana, Inc., and State of Indiana
49S04-1203-CT-135
Civil tort. Affirms trial court denial of Timothy Plank’s request to hold an evidentiary hearing to challenge the constitutionality of the Medical Malpractice Act. Plank forfeited his opportunity to conduct such a hearing.

COA: Theft and auto theft adjudications didn’t violate single larceny rule

January 15, 2013

A teen lost an appeal challenging his adjudication as a delinquent on charges that would be theft and auto theft if committed by an adult violated the single larceny rule.

Detailed settlement agreement not specific enough for son to claim funds

January 15, 2013

Although a settlement agreement worked out between siblings included details about who would receive the comic books, the Indiana Court of Appeals ruled because the document did not specifically address the accounts receivable, one of the surviving sons would not be entitled to the money.

Plank failed to preserve claim med mal cap is unconstitutional

January 15, 2013

The Indiana Supreme Court unanimously ruled Tuesday that Timothy Plank, who filed a medical malpractice complaint following the death of his wife in 2001, forfeited his opportunity to conduct an evidentiary hearing challenging the constitutionality of the Medical Malpractice Act.

Borrower entitled to retrial on judgment, COA rules

January 15, 2013

A Steuben Circuit Court committed reversible error when it failed to admit into evidence an exhibit purporting to show that a borrower had repaid a $650,000 promissory note, the Indiana Court of Appeals ruled Tuesday.

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In This Issue

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Immigration attorneys worry how ICE detainees will be treated at two slated Indiana sites

  • Birth certificate changes for seven transgender Hoosiers are in limbo

Most Read
  • Former credit union manager indicted on fraud charges

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • Dustin Houchin: Taking a closer look at questions of justice and mercy

  • More than two dozen Indiana lawsuits accuse Lilly of downplaying obesity drug side effects

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