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Opinions Nov. 30, 2012 ILD

For-publication decisions released today are detailed in a stories above. The Indiana Tax Court issued no decisions and the 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.

Indiana Court of Appeals
Steven Hook, Jr. v. State of Indiana (NFP)
71A03-1204-CR-192
Criminal. Affirms conviction of Class C felony battery with a deadly weapon.

Erich Wilhelmi v. State of Indiana (NFP)
43A05-1204-CR-214
Criminal. Affirms conviction and sentence for three years in prison with two executed for a conviction of Class D felony failure to return to the scene of an accident resulting in serious bodily injury.

In Re: 2009 Marion County Tax Sale Parcel No. 1019054; Darryl W. Finkton, Sr. v. Auditor of Marion County, Treasurer of Marion County, and Indy-East Asset Development Corp. (NFP)
49A02-1201-MI-41
Miscellaneous/tax sale. Affirms reissuance of tax deed to auditor.

Danny G. Young v. State of Indiana (NFP)
82A05-1205-CR-229
Criminal. Affirms concurrent sentence of six years for a conviction of Class C felony forgery and two years each for convictions of Class D felony counts of receiving stolen property and fraud.

Jose Carlos Arce v. State of Indiana (NFP)
88A05-1206-PC-324
Post-conviction relief. Affirms in part, reverses in part and remands to the trial court for a hearing on Arce’s claim of ineffective assistance of counsel.

Siraj Khaja Ahmed v. Asma Saman Ahmed (NFP)
64A03-1204-DR-175
Domestic relations/divorce. Affirms trial court denial of Siraj’s motion to correct error and its grant of Asma’s motion to dismiss.  
 
Alberto R. Melendez Cruz v. State of Indiana (NFP)
45A05-1203-CR-150
Criminal. Affirms conviction of murder.
 

Opinions Nov. 30, 2012

Indiana Supreme Court
State of Indiana Ex Rel., Indiana Supreme Court Disciplinary Commission v. Derek A. Farmer
94S00-1103-MS-165
Attorney discipline. Rejected petition to enjoin unauthorized practice of law, holding that the Disciplinary Commission failed to prove that Farmer had engaged in the unauthorized practice of law, and failed to convince the court that Farmer could not have reasonably expected to be authorized for temporary admission due to a pending disciplinary proceeding.

Disciplinary Commission overreached, justices agree

An Ohio attorney who argued his disciplinary case in a rare public forum before the Indiana Supreme Court prevailed as justices said the Indiana Disciplinary Commission’s arguments failed.

More companies planning holiday parties, survey says

More companies seem to be in the holiday spirit this year. Survey results released this week by Chicago-based employment consultancy Challenger Gray & Christmas Inc. show 83 percent of companies polled plan holiday parties this December.

COA rejects insurer’s new arguments

An insurance provider was unsuccessful in its attempt to convince the Indiana Court of Appeals to change its mind that the company has a duty to indemnify or defend.

Fewer Hoosiers voted in 2012, tally shows

Fifty-eight percent of registered Indiana voters cast ballots in the Nov. 6 general election – the same percentage as in 2004 but a decline from the 2008 vote, when 62 percent of Hoosiers voted.

Opinions Nov. 29, 2012 ILD

The for-publication decision released by the Indiana Court of Appeals is detailed in a story above. The 7th Circuit Court of Appeals, Indiana Supreme Court and Tax Court did not post any opinions by IL deadline.

Indiana Court of Appeals
Miles Ogea d/b/a Mo Auger Investments and Mo's Tavern v. Karamesines Credit Shelter Trust (NFP)
18A04-1206-CT-288
Civil tort. Affirms ruling that Ogea has a duty to indemnify the second trust pursuant to the lease agreement between Ogea and the trust.

H. Wayne Burnett, M.D. v. Pamela A. Burnett, M.D. (NFP)
29A02-1203-DR-180
Domestic relation. Affirms valuation of Dr. H. Wayne Burnett’s partnership interest in a medical practice and the award of expert witness fees to Dr. Pamela A. Burnett. Affirms unequal division of the marital estate.

Richard A. Childress, Jr. v. State of Indiana (NFP)
45A03-1206-PC-246
Post conviction. Affirms denial of petition for post-conviction relief.

Term. of the Parent-Child Rel.of: M.M. (Minor Child), and S.H. (Mother) v. The Indiana Dept. of Child Services (NFP)
85A02-1204-JT-323
Juvenile. Affirms involuntary termination of parental rights.

Corbin Bardonner v. State of Indiana (NFP)
49A05-1205-CR-231
Criminal. Affirms conviction and sentence for Class A felony child molesting.

Jamey Taskey v. State of Indiana (NFP)
67A01-1204-CR-164
Criminal. Affirms conviction of Class D felony neglect of a dependent.

David S. Healey v. State of Indiana (NFP)
33A04-1202-MI-107
Miscellaneous. Affirms denial of verified petition to remove designation as offender.

Vickie Fenoglio, as Personal Representative of the Estate of Paul Fenoglio, Deceased v. Gregory Brock, D.O. (NFP)
84A04-1202-PL-59
Civil plenary. Affirms summary judgment for Dr. Gregory Brock.

Timothy J. Gilbert v. State of Indiana (NFP)
62A01-1205-PC-213
Post conviction. Affirms denial of petition for post-conviction relief.

 

COA affirms order Amish connect to sewer system

The Indiana Court of Appeals has upheld a trial court’s decision to deny setting aside agreements several members of the Old Order Amish near Loogootee made to connect to a sewer system and the order that a couple hook up to the system.

Latin Kings gang member, 2 others sentenced

A member of the Latin Kings street gang and two associates have been sentenced to prison for racketeering conspiracy and other crimes in support of the gang, the U.S. Attorney’s Office in the Northern District of Indiana announced Thursday.

Discussion to look at religious liberties

Happy Holidays or Merry Christmas? The ACLU of Indiana is taking a look at the battle over religious liberties at its December First Wednesdays brown bag discussion.

COA divided over dismissing fired HR director’s complaint

The Indiana Court of Appeals was split over whether Delaware County commissioners could terminate the contract of the Board of Commissioners’ human resources director after two new members were elected to the board.

Opinions Nov. 28, 2012 ILD

For-publication decisions by the Indiana Court of Appeals are detailed in the stories above. The following is the not-for-publication decision released by the court. The 7th Circuit Court of Appeals, Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals
In Re the Paternity of C.W.R.; C.W. v. F.R. (NFP)
31A04-1206-JP-311
Juvenile. Affirms denial of mother’s request for a change in custody.
 

Opinions Nov. 28, 2012

Indiana Court of Appeals
Richard Thomas v. Indiana Bureau of Motor Vehicles
64A03-1204-PL-191
Civil plenary. Affirms suspension of Thomas’ driving privileges for 10 years due to qualifying as a habitual traffic violator. The BMV timely notified Thomas that he qualified as a habitual traffic violator and the doctrine of laches is not applicable to the instant matter.

Opinions Nov. 27, 2012 ILD

Below are the not-for-publication decisions released by the Indiana Court of Appeals. A for-publication decision is detailed in a story above. The 7th Circuit Court of Appeals, Indiana Supreme Court and Tax Court released no opinions by IL deadline.

Indiana Court of Appeals
Nicole Means v. State of Indiana (NFP)
49A02-1205-CR-391
Criminal. Affirms conviction and sentence for Class B felony aggravated battery.

Monica Oevermeyer v. Dennis Steinbis (NFP)
78A01-1204-DR-187
Domestic relation. Reverses finding Overmeyer in contempt as requested by her ex-husband.

Dennis Mikel v. State of Indiana (NFP)
52A02-1205-SC-428
Small claim. Affirms damage award for Mikel’s television in Mikel’s action against the Miami Correctional facility and the superintendent of the facility.
 

Opinions Nov. 27, 2012

Indiana Court of Appeals
Kirstan Haub, d/b/a American Handyman Service v. Jenny Eldridge
10A01-1203-PL-107
Civil plenary. Reverses denial of Haub’s motion for summary judgment against Eldridge. The trial court erred in considering parol evidence, and the release unambiguously releases Haub from any and all claims that Eldridge may have had against him on or before Oct. 8, 2010. Orders trial court to enter summary judgment in favor of Haub.