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Opinions Jan. 23, 2013 ILD

Indiana Court of Appeals
Robert Earl Davis v. State of Indiana (NFP)
45A03-1203-CR-145
Criminal. Affirms murder conviction and 65-year sentence.

In the Matter of the Term. of the Parent-Child Rel. of: A.B. & P.B.; and E.B. v. The Indiana Dept. of Child Services (NFP)
35A05-1206-JT-298
Juvenile. Affirms termination of parental rights.

Michael Gregg v. State of Indiana (NFP)
48A02-1205-CR-400
Criminal. Affirms 20-year aggregate sentence following convictions of Class B felony dealing in methamphetamine and Class A misdemeanors resisting law enforcement and possession of marijuana.

Joshua C. Jackson v. State of Indiana (NFP)
35A02-1207-CR-589
Criminal. Affirms sentence following guilty plea to Class B felony robbery but reverses order Jackson pay restitution. Remands with instructions for the trial court to inquire about his ability to pay restitution, and if he is able, determine the amount to be paid and fix the manner of payment.

Michael L. Harris v. State of Indiana, Elkhart County Sheriff's Dept. (NFP)
20A03-1208-CR-345
Criminal. Dismisses appeal of denial of Harris’ request for return of property as moot.

Dennis Knight v. State of Indiana (NFP)
71A05-1208-CR-436
Criminal. Affirms conviction of Class C felony robbery.

Kevin Gene Rotino v. State of Indiana (NFP)
07A05-1205-CR-259
Criminal. Affirms Class D felony dealing in marijuana conviction.

Nathan Abbott, State of Indiana and Indiana State Police v. Michael Mitchell and Leonard Love (NFP)
45A03-1204-CT-167
Civil tort. Affirms jury verdict in favor of Mitchell and Love on their claims for false imprisonment.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.
 

Opinions Jan. 23, 2013

7th Circuit Court of Appeals
John Doe v. Prosecutor, Marion County, Indiana
12-2512
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Reverses District Court decision to uphold statute prohibiting most registered sex offenders from using certain social networking and holds the law as drafted is unconstitutional. Though content neutral, the law is not narrowly tailored to serve the state’s interest. It broadly prohibits substantial protected speech rather specifically targeting the evil of improper communications to minors. Remands with instructions to enter judgment in favor of Doe and issue the injunction.

7th Circuit strikes down sex-offender social media ban as unconstitutional

Indiana Code 35-42-4-12 prohibiting certain sex offenders from using social networking sites that allow minors to participate is not narrowly tailored to serve the state’s interest, the 7th Circuit Court of Appeals held Wednesday. The judges ordered a permanent injunction entered preventing enforcement of the current law.

Judges rule on rehearing that company can hold mechanic’s lien

JM Woodworking petitioned the Court of Appeals for rehearing after the court decided in November 2012 that the company could not hold a mechanic’s lien against property of Fred and Mary Anna Feitler for unpaid bills on the construction of their home.

COA: rehearing petition another example of how DCS ‘dropped the ball’ in case

The Indiana Court of Appeals granted the rehearing petitions of the Department of Child Services and a family who had a child removed from their care and re-examined the family’s federal civil rights claims and claims under the Indiana Tort Claims Act. The judges also chided DCS’ counsel for submitting a new document in the petition for rehearing that was not part of the record on appeal.

Opinions Jan. 22, 2013 ILD

Indiana Court of Appeals
David Frohwerk v. Mark Levenhagen (NFP)
46A04-1204-MI-211
Miscellaneous. Affirms denial of verified petition for writ of habeas corpus asserting that Frohwerk was denied credit time.

Jacqueline R. Clements v. Clinton County, Indiana, by and through the Board of Commissioners of the County of Clinton, Ted R. Johnson, Barbara Conner, Michael W. Conner and William Clinton (NFP)
54A05-1205-PL-272
Civil plenary. Affirms denial of Clements’ motion to correct error, which challenged the dismissal of her counterclaims against the county and other defendants and her claims for malicious prosecution.

Term. of the Parent-Child Rel. of K.W., K.O.A., and K.E.A., Minor Children, and Their Father, O.W.: O.W. v. Indiana Dept. of Child Services (NFP)
02A04-1205-JT-285
Juvenile.  Affirms termination of parental rights.

Aaron Di-Shon Windom v. State of Indiana (NFP)
45A03-1206-CR-253
Criminal. Affirms convictions of two counts of Class C felony attempted battery and one count of Class C felony criminal recklessness.

Anthony Henderson v. State of Indiana (NFP)
48A04-1207-CR-367
Criminal. Affirms revocation of probation and reinstatement of previously suspended sentence.

Jason T. Myers v. Linda Phillips, Tippecanoe County Assessor and Office of the Indiana Attorney General, Unclaimed Property Division (NFP)
79A05-1209-PL-493
Civil plenary.  Affirms dismissal of Myers’ lawsuit seeking reimbursement of a $250 bond that was posted by his grandmother on his behalf in 1997.

Donald L. Swain v. State of Indiana (NFP)
48A05-1206-CR-320
Criminal.  Affirms order revoking probation under three different cause numbers.

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. 22, 2013

Indiana Court of Appeals
Lula L. Jenkins, et al. v. South Bend Community School Corp.
71A03-1206-PL-260
Civil plenary.  Reverses summary judgment for South Bend Community School Corp. on Jenkins’ action seeking an independent determination of whether she was discharged for just cause from her position as a bus driver. The advisory nature of the arbitrator’s award allows the non-prevailing party, here SBCSC, to reject the award, thus triggering judicial review, either under the Uniform Arbitration Act’s provisions or for a determination whether the facts found by the arbitrator support the award. Remands for further proceedings.

COA orders court to determine whether driver fired for just cause

The Indiana Court of Appeals held Tuesday that a St. Joseph Circuit judge erred by granting summary judgment in favor of a school corporation instead of making an independent determination of whether a school bus driver was discharged for just cause.

U.S. Attorney’s Office creates civil rights task force

The U.S. Attorney’s Office in the Southern District of Indiana has created the first Indiana-based initiative in the district to increase and improve local efforts in protecting residents’ civil rights.

MLK Day Observance

In observance of Dr. Martin Luther King Jr. Day, all federal and state courts are closed today.

Indiana water utilities receive millions in atrazine settlement

More than a dozen Indiana water utilities will receive checks of $100,000 or more as part of $105 million in settlement disbursements announced last week in the last phase of litigation involving the weed killer atrazine that contaminated more than 1,100 water systems nationwide.

Appeals court upholds dismissal of Star appeal on rehearing

The Indiana Court of Appeals granted The Indianapolis Star’s request for rehearing regarding the court’s decision to dismiss the newspaper’s appeal of a discovery order, but the court once again voted 2-1 to dismiss the appeal.

Opinions Jan. 18, 2013 ILD

Indiana Court of Appeals
Kelly Bertholet Stokes v. Estate of Kenneth Stokes (NFP)
64A05-1205-ES-237
Estate, supervised. Dismisses interlocutory appeal filed by Kelly Bertholet Stokes after her motion to correct error was denied following the denial of her motion for reimbursement of monies seized by bank.

Danielle Kelly v. State of Indiana (NFP)
30A01-1112-CR-584
Criminal. Grants rehearing to address Kelly’s claim that the court failed to consider a “dispositive fact” in its discussion regarding incriminating statements, but affirms opinion in all respects which upheld denial of Kelly’s motion to suppress.

Matthew A. Parks v. State of Indiana (NFP)
64A03-1202-CR-66
Criminal. Affirms conviction of Class C felony child molesting.

Jonathan Books v. State of Indiana (NFP)
25A03-1208-CR-357
Criminal. Affirms sanction for probation violation.
 

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.

Opinions Jan. 18, 2013

7th Circuit Court of Appeals
Linda K. Roddy v. Michael J. Astrue, Commissioner of Social Security
12-1682
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Tanya Walton Pratt.
Civil. Vacates judgment of the District Court and remands Roddy’s case for disability insurance benefits to the Social Security Administration for further proceedings. Finds the administrative law judge made a number of errors in his consideration of the record, in which he denied her benefits.

7th Circuit orders SSA take another look at woman’s case

Finding that the administrative law judge hearing a southern Indiana woman’s claim for disability insurance benefits made several errors in his consideration of the record, the 7th Circuit Court of Appeals sent the case back to the Social Security Administration for more proceedings.