Opinions Nov. 14, 2012 ILD
Opinions issued by the 7th Circuit Court of Appeals and Indiana Court of Appeals are detailed in the stories above. No not-for-publication opinions were issued prior to IL deadline.
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Opinions Nov. 14, 2012
Indiana Court of Appeals
John Fox v. Nichter Construction Co., Inc.
03A01-1202-SC-52
Small claims/wages. Affirms in part, reverses in part and remands in part the dismissal of Fox’s wage claim with prejudice and orders the court to enter a dismissal of the claim with prejudice. A divided appeals court held that the trial court erred in dismissing the complaint because it lacked subject matter jurisdiction because Fox had pursued his claim through the Department of Labor under the Wage Claim statute before filing suit. The appeals court ordered the trial court to dismiss the case without prejudice for failure to state a claim upon which relief can be granted, including the failure to name the real party in interest. Fox may refile his claim setting forth the reassignment by the Department of Labor.
Owners of foul-smelling washing machines granted class certification by 7th Circuit
The 7th Circuit Court of Appeals in Chicago has granted class certification to owners of odor-emitting Kenmore washers, allowing their lawsuit against Sears, Roebuck and Co. to go forward.
Zoeller, Merritt tour campuses, promote Lifeline law
The Indiana state senator who sponsored a law that aims to protect minors from arrest when they seek medical attention for alcohol-related emergencies is joining Indiana Attorney General Greg Zoeller in spreading the word on college campuses.
COA finds plea agreement was not circumvented by admission of uncharged conduct at sentencing
A convicted child molester’s argument that the trial court abused its discretion by admitting during sentencing the testimony of two other alleged victims was rejected by the Indiana Court of Appeals. The court described the appellant’s contention as “pure conjecture supported by nothing in the record.”
Divided COA allows suit after wage claim fails at Department of Labor
A worker who left employment at a Columbus construction company may pursue his wage claim in court after his complaint had been assigned to the Indiana Department of Labor, a divided panel of the Indiana Court of Appeals ruled.
Supreme Court upholds trial court’s ruling on professor’s dismissal
Despite a professor’s claim that he was in a joyous mood when he interacted with a colleague and his actions were harmless, the Indiana Supreme Court upheld his dismissal from his tenured teaching position.
Rush to take lead on proposed Commission on Children, juvenile panels
Justice Loretta Rush is poised to take a leading position on matters of juvenile law and head a proposed Indiana Commission on Children, according to an order of the Indiana Supreme Court issued Tuesday.
Supreme Court takes 2 cases, rejects 17
The Indiana Supreme Court took two not-for-publication cases last week and denied transfer in 17 other cases.
Opinions Nov. 13, 2012 ILD
The following are not-for-publication opinions issued by IL deadline. For-publication decisions are detailed in the stories above.
Indiana Court of Appeals
Kevin Perry v. State of Indiana (NFP)
49A02-1204-CR-265
Criminal. Affirms conviction of robbery and unlawful possession of a firearm by a serious violent felon, both Class B felonies, and escape, a Class C felony. Concludes the detective’s opinion was properly admitted as that of a skilled witness, the evidence was sufficient to support Perry’s convictions and the state’s closing argument did not create a fundamental error.
Robin R. Gordon v. Benny B. Gordon (NFP)
92A05-1205-DR-279
Domestic relation. Affirms trial court’s order that mother and father share joint legal custody of minor child.
Joseph Ridge v. State of Indiana (NFP)
29A02-1112-CR-1168
Criminal. Affirms conviction of operating a vehicle while intoxicated, a Class A misdemeanor. The COA found the trial court did not abuse its discretion in either denying Ridge’s request to hire an expert or in allowing Dr. Scott Kriger to hear the testimony of Hamilton County Sheriff’s Deputy Kent Mustain. The COA further concluded that the trial court did not abuse its discretion in admitting Kriger’s expert testimony that Ridge was intoxicated on K2 at the time of the traffic stop.
Opinions Nov. 13, 2012
Indiana Supreme Court
D.C. v. J.A.C.
32S04-1206-DR-349
Domestic relation/modification of custody. Reverses Court of Appeals ruling that overturned a trial court modification of a custody order in favor of a child’s father. In a case involving a mother who was moving out of state, the Supreme Court held that the Court of Appeals erred by failing to apply a highly deferential standard of review to the trial court’s determination of a custody modification based on testimony regarding the best interests of the child.
Justices: COA overreached on reversing trial court custody ruling
The Court of Appeals got it wrong when it reversed a trial court custody modification in favor of a child’s father, the Indiana Supreme Court ruled Tuesday in one of the first opinions joined by Justice Loretta Rush.
Opinions Nov. 12, 2012 ILD
State and federal courts are closed Nov. 12 in observance of Veterans Day. No court opinions were posted.
SCOTUS to hear Ball State discrimination complaint
A food service worker at Ball State University who claims that the college bears responsibility for racial discrimination by coworkers will have her case heard this month by the Supreme Court of the United States.
Retired Knox County judge leaves legacy of helping youth
Retired Knox County judge and civic leader Edward Charles Theobald died Nov. 9.
COA to hear challenge to sex offender monitoring program
An Allen County man’s argument that the state’s Sex Offender Management and Monitoring Program is unconstitutional will be heard Tuesday by a panel of the Indiana Court of Appeals.
Feds charge 8 more NW Indiana gang members
Federal prosecutors on Friday charged eight alleged Imperial Gangsters street gang members in a 41-count indictment that expands on previous homicide and drug trafficking charges.
Opinions Nov. 9, 2012 ILD
The following are not-for-publication opinions issued by IL deadline. For publication decision(s) are detailed in the stories above.
Indiana Court of Appeals
Kelly Millard v. State of Indiana (NFP)
49A02-1204-CR-297
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class D felony.
Travis Reagle v. State of Indiana (NFP)
29A05-1206-CR-332
Criminal. Affirms trial court’s order that the sentences for Class A felony rape and Class B felony burglary be served consecutively.
In Re the Term. of Parent-Child Rel. of D.T.: S.T. v. The Indiana Dept. of Child Services (NFP)
34A05-1205-JT-228
Juvenile termination of parental rights. Affirms trial court’s decision to terminate mother’s parental rights to infant son, D.T.
Timothy Allison v. State of Indiana (NFP)
49A02-1204-CR-277
Criminal. Affirms trial court’s sentence following the revocation of probation. Holds that Allison should have raised his argument that his initial sentence was illegal on direct appeal or in a petition for post-conviction relief.
In the Matter of the Term. of the Parent-Child Rel. of I.C., J.C, and P.C.: E.C. v. Indiana Dept. of Child Services (NFP)
49A02-1204-JT-273
Juvenile termination of parental rights. Affirms trial court’s termination of father’s parental rights over his three minor children.
Opinions Nov. 9, 2012
Indiana Court of Appeals
Amerisafe Risk Services, Inc., and Leerae Riggs v. The Estate of Hazel D. Wadsack, deceased, by Ronald J. Wadsack as Personal Rep., and Ronald J. Wadsack, individually
88A01-1204-CT-144
Civil tort. Reverses trial court denial of plaintiff’s request for dismissal, holding that the court lacked jurisdiction in the case. The estate of an injured worker’s mother sued the worker’s compensation insurer, claiming that the mother died as a result of emotional distress over the insurer’s handling of her son’s claim. The appeals court held that the Wadsacks had not exhausted appeals through the Worker’s Compensation Board, which the court determined had proper jurisdiction because the Wadsacks’ claim was derivative of their son’s claims for benefits.
IndyBar to offer free legal advice Nov. 13
Attorneys from the Indianapolis Bar Association will offer free legal advice through Legal Line, a call-in service, from 6 to 8 p.m. Tuesday. The number to call is 317-269-2000.