Gerdt Furniture owners embroiled in $4M court fight
A family dispute involving the owners of Gerdt Furniture & Interiors Inc. has led to a lawsuit accusing them of owing nearly $4 million in unpaid rent and loans.
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Opinions March 13, 2013 ILD
Indiana Court of Appeals
N.O. v. State of Indiana (NFP)
71A03-1209-JV-409
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class B misdemeanor battery if committed by an adult.
Michael A. Combs v. State of Indiana (NFP)
02A03-1209-CR-393
Criminal. Affirms convictions of and sentence for three counts of Class B felony neglect of a dependent, Class A felony child molesting and Class D felony battery.
Troy Farris v. State of Indiana (NFP)
49A04-1207-CR-372
Criminal. Affirms 180-day sentence imposed following probation violation.
Sedrick J. Grandberry v. State of Indiana (NFP)
02A03-1209-CR-410
Criminal. Affirms sentence for Class D felony criminal trespass.
Tyler Becker v. State of Indiana (NFP)
57A03-1203-CR-124
Criminal. Affirms conviction and sentence for Class A misdemeanor operating while intoxicated.
Joshua D. Huff v. State of Indiana (NFP)
06A01-1208-CR-396
Criminal. Affirms conviction of Class B felony burglary.
Benjamin Mentink v. Karen Downing (NFP)
45A03-1207-PO-332
Protective order. Affirms issuance of protective order against Mentink.
Victoria Anderson v. State of Indiana (NFP)
49A02-1207-CR-603
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.
J.A.H. v. State of Indiana (NFP)
71A04-1210-JV-541
Juvenile. Affirms order committing J.A.H. to the Indiana Department of Correction.
Lavern Baltimore v. State of Indiana (NFP)
22A04-1112-PC-652
Post conviction. Reverses denial of petition for post-conviction relief and remands for further proceedings.
Bruce Anderson v. State of Indiana (NFP)
53A05-1209-CR-482
Criminal. Affirms conviction of Class A misdemeanor battery resulting in bodily injury.
Pat Fleming and Bob Steffan d/b/a Dr. Bob's RV Service v. Santander Consumer USA, Inc. and Gemb Lending, Inc. (NFP)
45A03-1206-PL-249
Civil plenary. Reverses dismissal of complaint to foreclose upon mechanic’s liens and remands for additional proceedings.
The Indiana Tax Court issued no opinions prior to IL deadline.
Opinions March 13, 2013
7th Circuit Court of Appeals
Kelly S. Thomas v. Dushan Zatecky, superintendent, Pendleton Correctional Facility
13-1136
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Denies Thomas’ request that he be allowed collateral relief to file appeals without regard to the fees required by Section 1913 and the resolutions of the Judicial Conference. Gives Thomas 21 days to file in the 7th Circuit a motion for permission to proceed in forma pauperis and a certificate of appealability. Failure to meet this schedule will result in dismissal for failure to prosecute.
Judges deny prisoner’s request to appeal without paying fees
The 7th Circuit Court of Appeals rejected a man’s argument that he and other prisoners do not need to pay appellate filing and docketing fees, and so a District Court’s certification of appeal is irrelevant.
7th Circuit again reverses drug sentence for minor role reduction
A man convicted of a federal charge that he transported drug money will be sentenced a third time after the 7th Circuit Court of Appeals ruled Tuesday in a nonprecedential opinion that a resentencing the court ordered in 2010 did not sufficiently consider his minor role compared with conspirators.
Woman suing for unpaid wages passes ‘duck test’
Indiana Justice Mark Massa made repeated references in Wednesday’s decision to the “Duck Test” – if it walks like a duck, swims like a duck and quacks like a duck, it’s a duck – in a day laborer’s lawsuit to recover unpaid damages from a Fort Wayne company. The justices found Brandy Walczak’s lawsuit may proceed under the Wage Payment Act.
House Committee approves CHINS bill returning power to prosecuting attorneys
A bill giving prosecuting attorneys the ability to file a Child in Need of Services petition continues to garner strong support in the Indiana General Assembly.
Suit against Catholic diocese alleging firing after fertility treatment proceeds
A former teacher who claims her contract at St. Vincent de Paul School in Fort Wayne was not renewed because she underwent in vitro fertilization treatments may proceed with a suit against the Catholic diocese.
Opinions March 12, 2013 ILD
Indiana Court of Appeals
Henry Keith Holloway v. State of Indiana (NFP)
71A05-1202-CR-58
Criminal. Affirms conviction of Class C felony operating a vehicle after lifetime suspension and Class A misdemeanor operating a vehicle while intoxicated.
Jennifer Duff v. State of Indiana (NFP)
89A01-1206-CR-280
Criminal. Affirms aggregate executed sentence of 18 years in prison for conviction of one Class B felony count of dealing in a Schedule I controlled substance; eight counts of Class C felony forgery; one count of Class C felony robbery; five counts of Class D felony theft; and three counts of Class C felony fraud.
Brian L. Spurlock, Sally M. Spurlock v. Morequity, Inc. (NFP)
29A04-1207-MF-345
Mortgage foreclosure. Dismisses appeal from an entry of a foreclosure judgment against the Spurlocks.
Kevin Burrell v. State of Indiana (NFP)
71A05-1208-CR-434
Criminal. Affirms conviction and aggregate sentence of 105 years in prison for two counts of Class A felony attempted murder, Class C felony criminal recklessness and a criminal gang activity sentence enhancement.
Kenneth D. Helton v. State of Indiana (NFP)
47A01-1205-CR-200
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, Class D felony possession of marijuana and Class D felony maintaining a common nuisance, remanding to the trial court to correct a sentencing error. The appeals panel left in place an aggregate sentence of 23 years in prison but instructed the trial court to enhance the dealing in methamphetamine conviction by eight years instead of sentencing him separately for being a habitual substance offender.
John Ivy v. State of Indiana (NFP)
18A02-1205-PC-378
Post conviction. Affirms denial of post-conviction relief from a 65-year sentence for a conviction of murder, concluding the post-conviction court erred in finding that Ivy had waived two issues, but notwithstanding that error, Ivy failed to demonstrate he was entitled to post-conviction relief on any of his claims.
Gary Gardner v. State of Indiana (NFP)
49A05-1207-PC-379
Post conviction. Affirms in a divided opinion denial of post-conviction relief from a 90-year sentence for three counts of Class A felony child molesting, one count of Class C felony child molesting, and one count of Class C felony child exploitation. Senior Judge Betty Barteau and Judge Terry Crone formed the majority from which Judge Elaine Brown dissented, concluding that Gardner demonstrated ineffective counsel assistance because his appellate counsel failed to raise an issue related to the length of his sentence. Brown would find the trial court thus erred and remand for further proceedings.
Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions March 12, 2013
Indiana Supreme Court
Curtis A. Bethea v. State of Indiana
18S05-1206-PC-304
Post conviction. Affirms trial court denial of post-conviction relief, holding that Curtis Bethea, who pleaded guilty to armed robbery and criminal confinement in a deal that dropped seven other felony counts, was not improperly denied post-conviction relief when a judge considered evidence of charges that were dismissed.
2 Indiana law schools in top 25 of annual ranking
Using a new methodology that takes into account the number of graduates who found jobs in the legal profession, U.S. News & World Report released Tuesday its latest ranking of law schools.
Justices: Evidence of dismissed crimes allowable for post-conviction relief
A Delaware County man who pleaded guilty to armed robbery and criminal confinement in a deal that dropped seven other felony counts was not improperly denied post-conviction relief when a judge considered evidence of charges that were dismissed, the Indiana Supreme Court ruled Tuesday.
Justices take case alleging Wabash hazing
The Indiana Supreme Court will determine whether a college and a fraternity are liable for injuries a student received as a result of a prank, and whether the incident rises to hazing.
Parr Richey plans helmet giveaway, bike safety event
A Lebanon law firm will give away kids’ bike helmets at an April event promoting bike safety and healthy lifestyles.
Applications open for Allen Superior Civil Division judge
Applications are open for qualified Allen County attorneys interested in serving as a judge in Superior Court, Civil Division.
IBA: Register today for upcoming Member Gatherings!
Escape from your office to enjoy an hour with your colleagues and these engaging programs and speakers at this year’s lineup of IndyBar member gatherings. Save the dates and register today!
IBA: Do You Know the 5 Rules of Civility?
How do you want to be remembered when you retire from the practice of law? Or, if you have already retired, how do you hope your former colleagues speak of you now?
New FMLA rule expands provisions for military families
Attorneys see the 20-year-old Act growing beyond its original intent.
Blomquist: Funding our Guarantors of Democracy
Although it’s a challenge to separate the reality from the hype when discussing impact of sequestration on our court system, it is a necessary dialogue, and numbers and potential impact must be shared.