Boosters of civic education honored by Indiana Bar Foundation
During this week’s We The People state finals, the Indiana Bar Foundation will be honoring three individuals and one organization for their service to civic education and the competition.
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ATM fee notice change likely
A requirement that automated teller machines post notices on or near the machine will be repealed under a bill Congress has sent to President Barack Obama.
Durham files to appeal federal conviction
Tim Durham officially has filed to appeal his conviction on fraud charges after being sentenced to 50 years in prison in late November.
Opinions Dec. 14, 2012 ILD
The 7th Circuit Court of Appeals issued no Indiana opinions and the Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.
Indiana Court of Appeals
Bert S. Watkins, II v. State of Indiana (NFP)
89A01-1203-CR-103
Criminal. Affirms three-year sentence for obstruction of justice, a Class D felony, with habitual offender enhancement.
Nicholas Corbin v. State of Indiana (NFP)
79A02-1202-CR-161
Criminal. Affirms convictions of burglary as a Class B felony, burglary as a Class C felony, attempted burglary as a Class C felony, theft as a Class D felony, auto theft as a Class D felony, resisting law enforcement as a Class D felony and a Class A misdemeanor, three counts of receiving stolen property as a Class D felony, and criminal mischief as a Class B misdemeanor.
Brian Taskey v. State of Indiana (NFP)
67A04-1204-CR-189
Criminal. Affirms conviction of Class D felony battery resulting in bodily injury and Class D felony neglect of a dependent. COA found the state presented sufficient evidence to prove Taskey committed the charged offenses.
In the Matter of the Term. of the Parent-Child Rel. of: MS. and M.T.; and A.H. and T.S. v. The Indiana Dept. of Child Services (NFP)
07A04-1204-JT-217
Juvenile Termination of Parental Rights. Affirms involuntary termination of parental rights of A.H. (mother) and T.S. (father) to their respective children.
William C. Davis v. State of Indiana (NFP)
65A04-1206-PC-307
Post Conviction Relief Petition. Affirms denial of post-conviction relief. After the post-conviction court denied Davis’ petition the first time, the COA affirmed much of the decision but remanded for further proceedings related to several of Davis’ claims. The post-conviction court again denied Davis relief and the COA affirmed.
Henry Coyne Woodward v. Kimberlee Ann Norton (NFP)
71A03-1207-DR-311
Domestic Relation. Affirms money judgment in favor of Norton for Woodward’s failure to transfer funds from a retirement account to her. Reverses and remands for proceedings the order finding Woodward in contempt because the judgment that Woodward pay Norton a fixed amount is not enforceable by contempt.
Benito D. Lesiak v. State of Indiana (NFP)
45A03-1204-CR-183
Criminal. Affirms conviction of reckless homicide, a Class C felony.
Dewayne Walker v. State of Indiana (NFP)
02A03-1204-CR-199
Criminal. Affirms conviction of Class B felony burglary, finding trial court did properly deny Walkers’ request to instruct the jury on the less-included offense of residential entry.
Kenneth Meer v. State of Indiana (NFP)
18A04-1204-CR-193
Criminal. Affirms convictions of rape, as a Class A felony, and criminal deviate conduct, as a Class A felony.
Miles A. Parker v. State of Indiana (NFP)
22A01-1204-CR-151
Criminal. Affirms 20-year aggregate sentence for convictions of three counts of burglary, each as a Class B felony, two counts of attempted burglary, each as a Class B felony, and one count of burglary as a Class C felony.
Opinions Dec. 14, 2012
Indiana Court of Appeals
Brenda Alexander v. Donald Alexander
32A05-1108-DR-417
Domestic relations. Affirms in a divided opinion the trial court denial of a motion to correct error of the court’s omission of an award for incapacity maintenance for Brenda Alexander. She claimed that testimony of her disabilities and court findings supported an award, but the majority held that the trial court did not abuse its discretion on ruling that such an award was not warranted.
Woman who invited abusive spouse did not violate no-contact protective order
In a case of first impression, the Indiana Court of Appeals ruled the Indiana General Assembly was deliberate when it did not criminalize the violation of a protective order by the protected person.
Star seeks rehearing on order to identify online commenter
The Indianapolis Star is asking the Court of Appeals to reconsider its order issued Dec.7 that required the newspaper to release the name of an online commenter Friday to a plaintiff who claims the remarks defamed him.
Split court upholds $3.9 million workplace injury judgment
Whether a general liability carrier could intervene in a workplace injury lawsuit that awarded a plaintiff $3.9 million is a question that divided the Indiana Court of Appeals, which affirmed the lower court ruling.
COA reminds ex-spouse that turnips cannot bleed
Calling her interpretation of Indiana law incorrect, the Court of Appeals rejected a woman’s argument against the decrease in her spousal support and reminded her that “one cannot bleed a turnip.”
Divided appeals court affirms denial of incapacity maintenance
A woman with longstanding disabilities denied incapacity maintenance in her divorce judgment convinced one appellate judge that the trial court abused its discretion, but the majority affirmed the lower court’s decision.
Judges uphold workers’ comp claim for nurse
The Indiana Court of Appeals has affirmed the Indiana Worker’s Compensation Board’s ruling in favor of a home health care registered nurse on her claim for workers' compensation. The judges rejected the company’s argument that the board’s decision was based on the defunct “positional risk doctrine.”
Opinions Dec. 13, 2012 ILD
The Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.
Indiana Court of Appeals
Scott J. Lunsford v. State of Indiana (NFP)
34A02-1206-CR-501
Criminal. Reverses time the trial court calculated as the time remaining on Lunsford’s sentence at the time his probation was revoked and remands with instructions to resentence him to 673 days.
Uriah S. Swelfer v. State of Indiana (NFP)
45A05-1205-CR-260
Criminal. Affirms sentence for two counts of Class C felony battery and one count of Class D felony criminal mischief.
Decarlos Connell v. State of Indiana (NFP)
48A05-1203-CR-141
Criminal. Affirms conviction of Class B misdemeanor visiting a common nuisance.
Kerry Wagner and Wagner Trucking, Inc. v. Rugged Enterprises, LLC (NFP)
26A05-1206-CC-333
Civil collection. Affirms denial of relief from default judgment rendered in favor of Rugged Enterprises in its action against Wagner and Wagner Trucking for repayment of money mistakenly paid to Wagner Trucking by Rugged, which Wagner refused to refund.
Joseph Majors v. State of Indiana (NFP)
49A02-1205-CR-433
Criminal. Affirms convictions of attempted murder and carrying a handgun without a license. Reverses sentencing enhancement and orders it vacated, but affirms 45-year aggregate sentence imposed.
Roseann Kwak v. Kimberly Overmyer and Marshall-Starke Development Center, Inc., West Bend Mutual Ins. Company (NFP)
75A03-1203-CT-104
Civil tort. Affirms order denying Kwak’s motion to correct error from the trial court order granting summary judgment to West Bend Mutual, the garnishee-defendant, in proceedings supplement initiated by Kwak.
Daniel A. Sage v. State of Indiana (NFP)
20A03-1206-PC-266
Post conviction. Affirms denial of post-conviction relief.
Tyler P. Hogue v. State of Indiana (NFP)
29A02-1203-CR-217
Criminal. Affirms sentence after Hogue admitted to violating his probation.
Jaconiah Fields v. State of Indiana (NFP)
89A01-1205-PC-232
Post conviction. Affirms denial of petition for post-conviction relief.
Melissa L. Freyberger v. Duane L. Freyberger (NFP)
71A03-1206-MI-252
Miscellaneous. Dismisses Melissa Freyberger’s appeal of the modification of Duane Freyberger’s parenting time rights, allowing him to take the children on a six-week vacation in Europe. Denies her request for appellate attorney fees.
Opinions Dec. 13, 2012
7th Circuit Court of Appeals
Estate of Rudy Escobedo (deceased) (Raquel Hanic, Personal Representative of Estate) v. Officer Brian Martin, et al.
11-2426
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Affirms jury verdict in favor of the defendants on the estate’s excessive force claim against the police and the city of Fort Wayne and grant of judgment as a matter of laws on qualified immunity grounds, as well as summary judgment in favor of officers Martin and Brown on the excessive force claim.
Justices issue 4 opinions tackling prejudgment interest
In four opinions dealing with the award of prejudgment interest under the Tort Prejudgment Interest Statute, the Indiana Supreme Court found Wednesday, among other things, that the TPIS applies to an action by an insured against an insurer to recover benefits under the insured’s underinsured motorist policy.
Hoosiers want legislators to focus on job creation
A survey released Thursday by the Bowen Center for Public Affairs at Ball State University shows that 81 percent of residents want job creation to be the main priority for the Indiana General Assembly in 2013. This is the third straight year that Hoosiers said jobs are the No. 1 priority.
Judges rule legal malpractice claim untimely
A family who sued an Allen County attorney after finding out he did not properly obtain ownership of a railroad right-of-way in 1995 lost its appeal before the Indiana Court of Appeals because the family’s lawsuit is barred by the statute of limitations.
7th Circuit affirms ruling for officers on excessive force claims
The 7th Circuit Court of Appeals found no reason to disturb a judgment in favor of several officers involved in a standoff and shooting death of a Fort Wayne man in 2005. Rudy Escobedo’s estate challenged the jury verdict and summary judgment for the defendants on excessive force claims.
Opinions Dec. 12, 2012 ILD
The 7th Circuit Court of Appeals issued no Indiana opinions and the Indiana Supreme Court and Tax Court issued no opinons prior to IL deadline.
Indiana Court of Appeals
Jason Wilson v. Kelly (Wilson) Myers (NFP)
71A03-1204-DR-153
Domestic relation. Affirms order modifying primary physical custody of the parties’ two children from Wilson to Myers.
Christopher A. Merder v. State of Indiana (NFP)
19A04-1205-CR-229
Criminal. Affirms Merder is not entitled to pretrial credit for time served in Kentucky from May to August 2009, but finds Merder is entitled to pretrial credit for the period from Aug. 6, 2009, to Aug. 14, 2009. Remands for further proceedings.
James Fusco v. State of Indiana (NFP)
54A01-1204-CR-182
Criminal. Reverses sentence following revocation of probation and remands.
Tymon Brown v. State of Indiana (NFP)
49A02-1203-CR-233
Criminal. Affirms conviction of felony murder.
Earl McClendon v. State of Indiana (NFP)
49A04-1206-CR-282
Criminal. Reverses denial of motion requesting the return of a firearm. Remands with instructions.
Opinions Dec. 12, 2012
Indiana Court of Appeals
Ponziano Construction Services, Inc. v. Quadri Enterprises, LLC
45A05-1112-CC-661
Civil collection. Reverses award of $16,000 to Ponziano on its breach of contract claim against Quadri and the denial of Ponziano’s rquest to foreclose on its mechanic’s lien. Affirms the award of $8,000 in attorney fees to Ponziano and remands with instructions to the trial court to enter judgment in favor of Ponziano for $48,483.43, order sale of the property subject to the $45,549.43 lien, and determine the existence, extent, and outcome of a potential priority dispute between Ponziano and Wells Fargo.
Builder allowed to foreclose on lien
The Indiana Court of Appeals found a Lake Superior judge erred in denying a construction company’s request to foreclose on a mechanic’s lien after the client withheld a final payment, claiming faulty work.