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Opinions May 24, 2013 ILD
Indiana Court of Appeals
Leo Dent, Jr. v. State of Indiana (NFP)
45A03-1208-CR-362
Criminal. Affirms denial of motion for relief from judgment.
Dennis Meyer v. State of Indiana (NFP)
49A02-1206-PC-547
Post conviction. Affirms denial of amended petition for post-conviction relief.
K.L.W. v. State of Indiana (NFP)
71A05-1211-JV-609
Juvenile. Affirms placement in a youth facility for committing what would be Class D felony theft if committed by an adult.
Brant Construction, LLC; and Dune Harbor, LLC v. Circle Electric, Inc.; DeBoer Egolf Corp.; Auditor, Porter County, Indiana; First National Bank of Illinois; and Wachovia Financial Srvcs., Inc. (NFP)
64A03-1204-CC-159
Civil collection. Reverses summary judgment in favor of Circle R as against Brant, but affirms in favor of Circle R as against Dune Harbor. Remands for calculation of attorney fees.
Leona Peavler v. State of Indiana (NFP)
48A02-1209-CR-775
Criminal. Affirms order Peavler be incarcerated for violating the terms of her home detention by using methamphetamine.
Henry (Hank) Eilts, Hank's Construction, and The G. Jackie Eilts Credit Shelter Trust v. Jeremy Wayman (NFP)
85A02-1208-PL-627
Civil plenary. Affirms trial court ruling that found Eilts agreed to grant Wayman an easement on a farm as part of a project to fix a drainage issue.
Jeremy Roberts v. State of Indiana (NFP)
49A05-1211-CR-563
Criminal. Affirms revocation of community corrections placement.
In Re: The Petition for the Adoption of: R.J. and S.J. (Minor Children), R.J. and L.L. v. A.G. and B.G. (NFP)
02A03-1209-AD-403
Adoption. Affirms order denying mother’s motion to withdraw her consent to the adoption and declaring father’s motion to contest the adoption as untimely and his consent irrevocably implied.
Randall Dorsett v. State of Indiana (NFP)
49A02-1208-CR-623
Criminal. Affirms convictions of Class B felony arson, murder and Class B felony robbery.
Term. of the Parent-Child Rel. of: J.N. (Minor Child), and JE.N. (Father) v. The Indiana Dept. of Child Services (NFP)
08A02-1212-JT-1010
Juvenile. Affirms termination of father’s parental rights.
James M. Durkin, Sr. v. State of Indiana (NFP)
45A03-1207-CR-314
Criminal. Affirms conviction and sentence for Class A felony robbery.
Tony Monks v. State of Indiana (NFP)
87A01-1209-CR-405
Criminal. Affirms denial of motion to suppress.
A.R. v. State of Indiana (NFP)
49A02-1210-JV-810
Juvenile. Affirms adjudication as a delinquent for committing two acts that would be Class A misdemeanor battery if committed by an adult.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions May 24, 2013
Indiana Court of Appeals
Rebirth Christian Academy Daycare, Inc. v. Indiana Family & Social Services Administration
49A04-1209-MI-467
Miscellaneous. Affirms denial of the daycare’s motion to dissolve and/or modify the order in the First Amended Agreement Judgment between the daycare and FSSA. The trial court properly determined that Rebirth cannot employ LaSonda Carter pursuant to I.C. 12-17.2-6-14 despite an earlier trial court order restricting access to her criminal record.
Prior knowledge of criminal history allows FSSA to disqualify employment
The Indiana Court of Appeals Friday concluded that a woman employed by a license-exempt child care ministry in Indianapolis can’t circumvent a prohibition from being employed at any child care ministry by relying on the Indiana Restricted Access Act.
Appeals court affirms terminating mother’s parental rights
A mother who was close to reunification with her three children, deemed children in need of services, until she battered her fiancé in front of them had the termination of her parental rights affirmed by the Indiana Court of Appeals.
Officer had probable cause to believe defendant drove while drunk
The Indiana Court of Appeals affirmed the denial of a man’s petition for judicial review involving his refusal to take a chemical test for intoxication. The judges found the evidence supported that the officer had probable cause that Paul Hassfurther drove his truck while intoxicated and that he knowingly refused to take the chemical test.
COA: Mother should have challenged income evidence at trial
A mother who claimed that the record doesn’t support her actual or current income after her ex-husband was granted sole custody of her children should have brought up her concerns at trial, not on appeal, the Indiana Court of Appeals ruled Friday.
Court affirms giving father custody after mother denies parenting time
A LaPorte County mother’s decision to cut off parenting time of her three children with their father supports the trial court’s order that the father have sole legal and physical custody of the children, the Indiana Court of Appeals ruled.
State seeks contempt against East Chicago casino group
Principals of a politically connected East Chicago group that received $16 million in casino revenue intended to benefit the city should be held in contempt if they continue to fail to disclose what happened to the money, the state argued in court Thursday.
Legislative Council approves interim committees but concedes number becoming unwieldy
While Indiana’s Legislative Council passed by consent Thursday the resolution creating 18 commissions and interim study committees, leaders in the Indiana House of Representatives voiced concerns over the growing number of summer study committees and unwieldy list of topics to review.
Opinions May 23, 2013 ILD
Indiana Court of Appeals
C.N. v. State of Indiana (NFP)
49A05-1210-JV-521
Juvenile. Affirms finding that C.N. committed what would be Class D felony auto theft if committed by an adult.
Roy Austin Smith v. State of Indiana (NFP)
49A02-1209-PC-783
Post conviction. Affirms denial of petition for post-conviction relief.
Ernest P. Glass v. State of Indiana (NFP)
54A04-1210-CR-552
Criminal. Affirms conviction and sentence for Class A misdemeanor battery and the revocation of Glass’ probation.
Kristol Toms v. State of Indiana (NFP)
49A05-1211-CR-585
Criminal. Affirms revocation of placement in community corrections for committing a new offense and violating terms of placement.
George A. Reese, Jr. v. State of Indiana (NFP)
31A05-1206-CR-309
Criminal. Affirms conviction of Class A felony child molesting.
Samuel Fancher v. State of Indiana (NFP)
49A02-1210-PC-790
Post conviction. Affirms denial of petition for post-conviction relief.
Joseph D. Hardiman and Jaketa L. Patterson, as Co-Administrators of the Estate of Britney R. Meux, Deceased v. Jason R. Cozmanoff (NFP)
45A03-1210-CT-437
Civil tort. Reverses order staying discovery but affirms order that Cozmanoff file an answer to the estate’s complaint. Remands for further proceedings.
Norman A. Ellis, Sr. v. Sikanyiso Ellis (NFP)
49A02-1201-DR-62
Domestic relation. Affirms order dissolving the parties’ marriage.
Charles Kootz v. State of Indiana (NFP)
49A02-1209-PC-721
Post conviction. Affirms denial of petition for post-conviction relief.
Jose Perez v. State of Indiana (NFP)
49A05-1208-CR-418
Criminal. Affirms conviction of Class B felony robbery.
In the Matter of the Involuntary Term. of the Parent-Child Rel. of P.M., A.T. & A.P., Minor Children, and their Mother, S.T,; S.T. v. Indiana Dept. of Child Services (NFP)
82A01-1212-JT-548
Juvenile. Reverses order terminating parental rights.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Opinions May 23, 2013
7th Circuit Court of Appeals
Tommy L. Morris, personal representative of the estate of Thomas Lynn Morris v. Salvatore Nuzzo
12-3220
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Vacates the dismissal of the claims of Tommy Morris against Nuzzo. The District Court erred in its determination that Nuzzo was fraudulently joined. Remands with instructions the case be further remanded to the Trumbull County Common Pleas Court of Ohio.
Convicted ex-coroner hits Brizzi with legal malpractice suit
Former Hancock County coroner Tamara Vangundy paid for negligent legal advice on her plea deal in a drunken-driving and official-misconduct case that ended her career as an elected official, she alleges in a legal malpractice claim filed against former Marion County Prosecutor Carl Brizzi.
7th Circuit orders Indiana case sent back to Ohio
A federal judge in the Southern District of Indiana erred when she determined that a claims adjuster from Ohio was fraudulently joined to a case that was transferred out of federal court in Ohio to Indiana, the 7th Circuit Court of Appeals ruled. The case also presented two issues of first impression for the Circuit.
Subcontractor’s suit belongs in Hamilton County
The Indiana Court of Appeals Thursday reversed the denial by an Allen Circuit judge to remove a lawsuit brought in that county to Hamilton County, where two parties to the lawsuit had agreed in a contract any legal claims would be handled.
Court rules in favor of insurer in environmental cleanup dispute
A release executed between a chemical manufacturing business and its insurer that relieved the insurer from claims or demands related to remediation was unambiguous and covered all policies held by the company, not just the primary liability ones, the Indiana Court of Appeals ruled.
Committee begins search for new dean of Valparaiso Law School
The process of finding a new dean for the Valparaiso Law School has begun. Law professor Rosalie Levinson is chairing the search committee, and the national executive search firm Witt/Kieffer has been retained to assist.
Attorneys’ performances don’t require post-conviction relief
A LaPorte County man with a lengthy criminal history couldn’t convince the Indiana Court of Appeals that he is entitled to post-conviction relief due to ineffective assistance from his trial and appellate attorneys.
Opinions May 22, 2013 ILD
Indiana Court of Appeals
In Re the Matter of: D.L. v. State of Indiana (NFP)
49A02-1210-JV-851
Juvenile. Affirms finding that D.L. committed what would be Class A misdemeanor dangerous possession of a firearm if committed by an adult.
Mary K. Wallskog v. ACS (Affiliated Computer Services), et al. (NFP)
45A03-1206-CT-256
Civil tort. Affirms denial of Wallskog’s motion to correct error, which challenged the dismissal without prejudice of her claim against Jack Hyatte and Xerox Business Services LLC f/k/a Affiliated Computer Services.
S.R. v. R.S.Y. and T.L.Y. (NFP)
47A01-1210-AD-488
Adoption. Affirms adoption of minor by grandparents.
Heather Hill v. Daryl Hill (NFP)
64A03-1208-DR-363
Domestic relation. Affirms order on emancipation.
Paul Reese v. State of Indiana (NFP)
49A04-1207-CR-381
Criminal. Affirms murder conviction and sentence.
In Re: The Paternity of K.S.: M.M. (Mother) v. J.S. (Father) (NFP)
17A03-1209-JP-390
Juvenile. Affirms order awarding father J.S. primary physical custody of K.S.
Freddie L. McKnight, III v. State of Indiana (NFP)
20A03-1109-CR-454
Criminal. Dismisses McKnight’s appeal of the denial of his petition for post-conviction relief.
Tyler E. Burton v. State of Indiana (NFP)
73A01-1205-CR-225
Criminal. Affirms convictions of Class B felony possession of methamphetamine within 1,000 feet of school property, Class D felony maintaining a common nuisance and Class A misdemeanor possession of paraphernalia.
Shawn Tyler Miller v. State of Indiana (NFP)
82A01-1209-CR-451
Criminal. Affirms conviction of Class D felony criminal confinement.
Xxavier Jones v. State of Indiana (NFP)
79A02-1207-CR-622
Criminal. Affirms in part, reverses in part and remands to the trial court to vacate two of the three robbery convictions and sentences and resentence Jones on only one count of robbery.
Fiona C. Lee v. State of Indiana (NFP)
49A05-1208-CR-420
Criminal. Affirms conviction of Class A felony neglect of a dependent.
In the Matter of the Term.of the Parent-Child Rel. of: N.S. and D.S. v. The Indiana Dept. of Child Services (NFP)
68A05-1209-JT-490
Juvenile. Affirms involuntary termination of father’s parental rights.
Candace Hernton v. State of Indiana (NFP)
49A04-1211-CR-548
Criminal. Affirms convictions of Class A misdemeanor possession of marijuana and Class C misdemeanor failure to stop after an accident not resulting in injury.
Jerry Lee Slisz v. State of Indiana (NFP)
71A05-1210-CR-530
Criminal. Affirms conviction of Class C felony burglary.
Zebulan Hildebrand v. State of Indiana (NFP)
69A01-1210-CR-459
Criminal. Affirms conviction of Class B felony aggravated battery and remands for clarification of the judgment of conviction.
Charles E. Justise, Sr. v. Marion County Jail, Indiana Dept. of Correction, Jerry Huston, Karen Richards, and Stephen Hall (NFP)
49A02-1203-PL-291
Civil plenary. Affirms denial of Justise’s motion for relief from judgment and dismisses the remainder of the appeal.
Thomas Dunigan v. State of Indiana (NFP)
49A02-1210-CR-812
Criminal. Vacates conviction of Class A misdemeanor domestic battery. Affirms convictions of Class A misdemeanor battery and Class D felony domestic battery.
Coriyahvon Lamont Outlaw v. State of Indiana (NFP)
82A04-1209-CR-454
Criminal. Affirms sentence for Class D felony unlawful possession of a legend drug and Class A misdemeanor possession of marijuana.
Term. of the Parent-Child Rel. of: D.F. & H.D. (Minor Children), and J.D. (Mother) v. The Indiana Dept. of Child Services (NFP)
52A05-1210-JT-531
Criminal. Affirms termination of mother’s parental rights.
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 May 22, 2013
Indiana Court of Appeals
Lydia Lanni v. National Collegiate Athletic Association, et al.
49A05-1208-CT-392
Civil tort. Reverses summary judgment in favor of the NCAA on Lanni’s negligence claim. The trial court abused its discretion when it denied Lanni’s April 20, 2012, motion for alteration of time. It effectively deprived her of a reasonable opportunity to present any material made pertinent to a Trial Rule 56 motion. Affirms denial of Lanni’s motion to strike the affidavit by the NCAA’s fencing championship manager, designated by the NCAA, that the NCAA was not involved in the fencing match where Lanni was injured.