Drug court road trip to make northern Indiana stops
A national tour highlighting the successes of drug courts and other problem-solving courts will make stops at two northern Indiana drug courts this month.
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Opinions May 2, 2013 ILD
Indiana Court of Appeals
Jason Tye Myers v. State of Indiana (NFP)
79A04-1209-PC-481
Post conviction. Affirms denial of petition for post-conviction relief.
Dywan Masterson v. State of Indiana (NFP)
02A03-1208-PC-368
Post conviction. Affirms denial of petition for post-conviction relief.
Frank T. Grannan v. State of Indiana (NFP)
79A02-1209-CR-696
Criminal. Affirms convictions of Class C misdemeanors operating while intoxicated, operating with an alcohol concentration equivalent of 0.08 but less than 0.15, and operating with a controlled substance or its metabolite in the body.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions May 2, 2013
Indiana Supreme Court
Gerald P. VanPatten v. State of Indiana
02S03-1205-CR-251
Criminal. Vacates two convictions of child molesting, one as a Class A felony and one as a Class C felony, because a nurse’s testimony about statements made by the alleged six-year-old victim, who later recanted, should not have been admitted as substantive evidence. Affirms trial court was within its discretion to deny VanPatten’s attorneys’ motions to withdraw. Justice Massa concurs in result with a separate opinion in which Justice Rush joins. Remands for a new trial on the two counts.
COA: Successive Prosecution Statute not applicable to theft case
A Howard Superior judge properly refused to dismiss theft charges against a man because, despite the defendant’s arguments to the contrary, the Howard County charges were not previously prosecuted in Miami County.
Clothing labels and security tags not considered hearsay evidence
The Indiana Court of Appeals ruled Thursday that clothing from the store H & M that bore the company name and security tags attached to the clothing could be admitted at a woman’s trial for theft from the store on Black Friday.
February 2013 bar exam results released
The Board of Law Examiners has posted the names of the 195 successful bar exam applicants from the February 2013 exam. The BLE reports that 294 applicants sat for the bar.
Court seeks comment on reappointment of Magistrate Cosbey
The U.S. District Court in the Northern District of Indiana is now accepting comment on whether Magistrate Judge Roger Cosbey should be reappointed when his term expires Jan 2, 2014.
Justices order new molestation trial after nurse’s statements admitted improperly
Ruling that statements two 6-year-olds made regarding alleged molestation to a nurse should not have been admitted under the hearsay exception in Ind. Rule of Evidence 803(4), the Indiana Supreme Court reversed two child molesting convictions and ordered a new trial.
Trial set in Carmel’s complaint on Palladium construction
Mediation is scheduled for May 21 in a 2-year-old lawsuit the city of Carmel brought over defects discovered during construction of its signature Palladium concert hall.
Opinions May 1, 2013 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
More franchisees join revolt over Steak n Shake menu pricing
More Steak n Shake franchisees are revolting over the company’s policy that prohibits restaurants in the chain from setting their own menu prices.
Commission on improving status of children established under new law
Gov. Mike Pence signed Senate Enrolled Act 125 Tuesday which creates a commission that will study issues and take actions relating to children in Indiana.
Officer pleads not guilty to new drunken-driving charges
David Bisard, the suspended Indianapolis Metropolitan Police Department officer who was charged Monday with misdemeanor drunken-driving charges while on bail awaiting trial for his role in a fatal accident, pleaded not guilty in Marion County to the new charges.
2013 Law Day focuses on equality
Law Day, celebrated May 1, is a day to mark the nation’s commitment to the rule of law. President Barack Obama has issued his Law Day proclamation on this year’s theme, “Realizing the Dream: Equality of All.”
Summary judgments on federal preemption are reversible error
The Indiana Court of Appeals has found an exterminator and the insecticide maker should not have been granted summary judgments on the issue of federal preemption.
Opinions April 30, 2013 ILD
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of R.R. and T.R.; R.R. v. Indiana Department of Child Services (NFP)
52A02-1208-JT-665
Juvenile. Affirms involuntary termination of parental rights.
Juan Murillo Bravo v. Silvia Bravo and Rancho Bravo, Inc. (NFP)
54A04-1207-PL-385
Civil plenary. Affirms award of attorney fees to Silvia Bravo and Rancho Bravo Inc. as a result of a discovery dispute. Remands with instructions to determine Rancho Bravo’s reasonable appellate attorney fees and to order Juan Murillo Bravo to pay that amount.
John F. Girvin v. State of Indiana (NFP)
87A01-1208-CR-381
Criminal. Remands for trial court to vacate Girvin’s conviction for vicarious sexual gratification because of double jeopardy and to revise his sentence with respect to credit time. Affirms in all other repsects.
In the Matter of the Termination of the Parent-Child Relationship of A.S.: K.S. v. Indiana Department of Child Services (NFP)
29A02-1210-JT-824
Juvenile. Affirms termination of parental rights.
Jerry D. Boyce v. State of Indiana (NFP)
16A01-1210-CR-453
Criminal. Affirms convictions of Class D felony battery by bodily waste, Class A misdemeanor battery and Class B misdemeanor battery.
Edward Lay v. State of Indiana (NFP)
49A05-1208-CR-387
Criminal. Affirms convictions of two counts of murder, one count of attempted murder and 140-year sentence.
Term. of the Parent-Child Rel. of K.C., a/k/a R.L., and A.L., Minor Children; S.L., Father v. Indiana Dept. of Child Services (NFP)
49A02-1207-JT-585
Juvenile. Affirms termination of parental rights.
Nelson Rios v. State of Indiana (NFP)
49A02-1209-CR-756
Criminal. Affirms revocation of probation.
Joshua D. Gaunt v. State of Indiana (NFP)
90A02-1210-CR-847
Criminal. Affirms sentence following plea agreement to Class C felony aiding, inducing or causing burglary; the Probation Condition 18 is not impermissibly vague; and the order Gaunt pay $300 in public defender fees. Remands with instructions to amend restitution order such that there is no duplicate recovery and establish a payment plan or schedule.
Donna Chapman and Lora Hoagland v. Central Indiana Educational Service Center and Franklin Township Community School Corporation (NFP)
49A05-1209-PL-478
Civil plenary. Affirms dismissal of Chapman’s claim against CIESC for failure to state a claim.
Douglas R. Bartel v. State of Indiana (NFP)
27A05-1207-CR-349
Criminal. Dismisses Bartel’s belated appeal from the revocation of his probation in two causes; finds he did not receive ineffective assistance of trial counsel in another cause. Affirms conviction of Class D felony operation of a motor vehicle as a habitual traffic offender and the sentence in all respects.
Allstate Insurance Company, As Subrogee of Juan R. Lopez, III v. Brenda J. Faulkner (NFP)
49A05-1211-CT-550
Civil tort. Reverses partial grant of Faulkner’s motion for relief from judgment.
Shawn E. Voorhies v. State of Indiana (NFP)
32A05-1208-CR-408
Criminal. Affirms sentence for Class A felony burglary resulting in serious bodily injury.
In the Matter of the Guardianship of the Person of H.M., S.M.M. and M.M., and S.E.M. v. D.L.M. and In the Matter of the Paternity of H.M., S.E.M. v. D.L.M. (NFP)
45A03-1208-GU-374
Guardianship. Affirms temporary order of child support, which ordered D.L.M., H.M.’s father, to pay guardians $158.88 per week. Remands with instructions that the trial court unify this case within one magistrate’s court to clarify father’s child support obligation pursuant to a completed and signed child support obligation worksheet and issue the orders it deems appropriate.
In the Matter of the Civil Commitment of: D.P. v. Richard L. Roudebush Veterans Affairs Medical Center (NFP)
49A02-1210-MH-807
Mental health. Affirms temporary commitment for mental health reasons.
The Indiana Supreme Court and Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions April 30, 2013
Indiana Court of Appeals
Countrywide Home Loans, Inc. v. Robert Holland
45A04-1202-PL-53
Civil plenary. Reverses summary judgment on Holland’s quiet title action and remands with instructions to enter summary judgment in Countrywide’s favor. Affirms dismissal of Holland’s common-law lien claim and remands with instructions to vacate the award of nominal damages. Holland is not entitled to summary judgment on the merits of his quiet title claim.
State must seek EPA approval before reclassifying ethanol plants
Even though the Environmental Protection Agency changed a rule to exclude ethanol plants from the category of chemical process plants which would affect emissions permitting, Indiana had to seek approval from the federal agency before it could reclassify the ethanol production facilities.
Tax court rules that evidence, not conclusory statements, needed to make prima facie case
A doubled property value will stand because the property owner did not offer any market-based evidence when challenging the new assessed value, the Indiana Tax Court has ruled.
Evidence does not support CHINS finding
The Indiana Court of Appeals reversed a trial court’s determination that an infant is a child in need of services after finding the parents have improved their living situation that led to their three other children being removed.