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Opinions Oct. 26, 2012 ILD

Indiana Supreme Court and Indiana Tax Court released no opinions by IL deadline Friday.

U.S. 7th Circuit Court of Appeals released no Indiana opinions by IL deadline Friday.

Indiana Court of Appeals
In Re the Involuntary Term. of the Parent-Child Rel. of A.P.: T.P. v. The Indiana Dept. of Child Services and Child Advocates, Inc. (NFP)
49A02-1201-JT-28
Juvenile termination of parental rights. Affirms termination of father’s parental rights.

Dennis Adkins v. Judy Saunders, Individually and d/b/a Prevention and More Herbs (NFP)
68A04-1203-CT-103
Civil tort. Affirms trial court’s grant of summary judgment and award of attorney fees in favor of Saunders and the business on Adkins’ negligence claim.

Matt D. Niblick v. State of Indiana (NFP)
90A04-1203-CR-132
Criminal. Affirms sentence for one count of Class B felony dealing in methamphetamine.

Melissa Krodel v. Douglas Krodel (NFP)
55A01-1201-DR-34
Domestic relation. Affirms award of physical and legal custody of minor children to father.

V.R. v. State of Indiana (NFP)
49A04-1204-JS-187
Juvenile. Affirms evidence was sufficient to support V.R.’s delinquency adjudication for truancy.

Zane Ziebell v. South Milford Grain Company (NFP)
57A03-1203-CC-89
Civil collection. Affirms denial of Ziebell’s motion for relief from summary judgment in favor of South Milford Grain Co. on its complaint against Ziebewll for $15,000 in damages.

Gilbert Brown v. State of Indiana (NFP)
49A02-1204-CR-254
Criminal. Affirms conviction of two counts of Class A misdemeanor battery.

Charles Chulchian v. Rivoli Center for the Performing Arts, Inc., and Indianapolis Eastside Revitalization Corp. (NFP)
49A02-1205-PL-435
Civil Plenary. Dismisses interlocutory appeal of the denial of Chulchian’s verified motion to reconsider or motion to correct errors.

Nyunt Shew v. State of Indiana (NFP)
02A03-1203-CR-134
Criminal. Affirms sentence for Class B felony aggravated battery.
 

Opponent’s claims against judge regarding killer result in disciplinary charges

The woman challenging Franklin Circuit Judge Steven Cox for his job faces seven disciplinary charges over statements attributed to her about the judge’s release of a prisoner who a year later killed five people, according to a statement Friday from the Indiana Judicial Qualifications Commission. The commission has asked for a public hearing on the charges.

Opinions Oct. 25, 2012 ILD

7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals
Sharhonda Gunn v. State of Indiana (NFP)
49A02-1202-CR-157
Criminal. Affirms conviction of battery as a Class D felony.

Term. of the Parent-Child Rel. of: D.C.; M.C.; M.G.; & L.C. (Minor Children) and T.G. (mother) v. The Indiana Dept. of Child Services (NFP)
36A01-1204-JT-150
Juvenile. Affirms termination of parental rights.

William A. Jones v. State of Indiana (NFP)
40A05-1204-CR-210
Criminal. Affirms convictions of Class D felony operating while intoxicated and Class B misdemeanor false informing.

Ira W. Huth v. DKR Mortgage Asset Trust 1 (NFP)
64A03-1203-MF-117
Mortgage foreclosure. Affirms denial of Huth’s motion for relief from judgment.

Nicolette Deal v. Tyce Deal (NFP)
71A04-1204-DR-178
Domestic relation. Affirms denial of Nicolette Deal’s motion objecting to the jurisdiction of the court.

Bart Bell v. State of Indiana (NFP)
34A05-1204-CR-219
Criminal. Affirms sentence imposed following guilty plea to Class D felony theft.

Shane Harrold v. State of Indiana (NFP)
35A02-1206-PC-518
Post conviction. Affirms denial of petition for post-conviction relief.
 

Opinions Oct. 25, 2012

Indiana Court of Appeals
State Farm Mutual Automobile Insurance Company v. Ken Nunn Law Office
49A02-1202-CT-68
Civil tort. Reverses denial of State Farm’s motion for summary judgment on the law office’s attempt to recover attorney fees and remands for further proceedings. The law office may not seek payment of a former client’s attorney fees from State Farm under an equitable attorney fee lien or based on a theory of quantum meruit.

Law firm can’t collect attorney fees from insurer

Relying on caselaw from 1892, the Indiana Court of Appeals decided that Ken Nunn Law Office may not collect attorney fees it says are owed by a former client from a third-party insurance company following a settlement.

Supreme Court tests HD media hookup

Television stations and media organizations on Wednesday tested a new high-definition video system that could become the norm for coverage of oral arguments before the Indiana Supreme Court.

Marion Superior judge moves to bankruptcy court

Marion Superior Judge Robyn L. Moberly has been appointed to a 14-year term as United States Bankruptcy Judge for the U.S. District Court for the Southern District of Indiana. Chief Judge Frank Easterbrook of the 7th Circuit Court of Appeals announced the appointment Wednesday.

Opinions Oct. 24, 2012 ILD

7th Circuit Court of Appeals posted no opinions at IL deadline.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Lonnie D. Covey v. State of Indiana (NFP)
90A02-1204-CR-284
Criminal. Affirms conviction and sentence for Class C felony forgery.

Lamar Herron, Jr. v. State of Indiana (NFP)
79A04-1201-CR-58
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

Joshua C. Johnson v. State of Indiana (NFP)
02A03-1203-CR-130
Criminal. Affirms convictions and sentence for five counts of child molesting, three as Class A felonies and two as Class C felonies; one count of Class C felony child exploitation; one count of Class D felony possession of child pornography; and two counts of Class D felony dissemination of matter harmful to minors.

Robert V. Kirts v. State of Indiana (NFP)
79A02-1202-CR-122
Criminal. Affirms convictions of Class C felonies operating a vehicle while intoxicated resulting in death and failure to stop after an accident resulting in death.

 

Opinions Oct. 24, 2012

Indiana Court of Appeals
Leslie Ann Grider v. State of Indiana
48A02-1112-CR-1156
Criminal. Reverses 19-year sentence following guilty pleas to two counts of Class C felony forgery, four counts of Class D felony theft, and two counts of Class D felony check fraud. The language of the plea agreement indicates the parties’ intention that the trial court would impose concurrent sentences on all counts regardless of the separate cause numbers. Orders Grider’s sentences to be concurrent for a total of eight years.

Judges find wired payment timely

Judges on the Indiana Court of Appeals declined to expand upon language in a forbearance agreement between a bank and business owner, finding the business owner timely made his final payment to the bank when he wired the money the day it was due, even though the bank did not receive it until the next day.

Justices hear Simon defamation appeal

The Indiana Supreme Court on Wednesday heard arguments on whether Indianapolis billionaire Herb Simon may proceed with a defamation suit against a California attorney. The suit involves comments the lawyer made to an Indianapolis TV station regarding allegations that Simon and his wife employed illegal immigrants at their California home.

Opinions Oct. 23, 2012 ILD

7th Circuit Court of Appeals
Planned Parenthood of Indiana, Inc., et al., v. Commissioner of the Indiana State Department of Health, et al.
11-2464
Civil. Reverses in part and affirms in part, affirming the district court injunction against I.C. 5-22-17-5.5(b) that bars state or federal funding for “any entity that performs abortions or maintains or operates a facility where abortions are performed.” The circuit court held that Medicaid grants individual rights under federal civil rights protections, but reversed the district court with regard to federal block grant funds, holding that no such actionable protection exists.

Indiana Court of Appeals
David A. Young v. Gladys C. Young (NFP)
34A04-1204-DR-222
Divorce. Reverses and remands a dissolution of marriage order with instructions to equally divide the marital estate not subject to a prenuptial agreement and reverses the order awarding incapacity maintenance with instructions to determine whether wife has ability to support herself absent an award.

Indiana Tax Court posted no opinions before IL deadline Tuesday.