Justices deny transfer on 13 cases
The Indiana Supreme Court added no cases to its docket, according to the report on transfer action for the week ending Sept. 7.
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In reversal, tax court says estate not entitled to interest on refund, judgment
The estate of a Lowell chef and food production expert is not entitled to interest on a refund or judgment interest that the Lake County probate court awarded, the Indiana Tax Court ruled Friday.
Opinions Sept. 7, 2012 ILD
Indiana Court of Appeals
Timothy A. Bolin v. State of Indiana (NFP)
63A01-1202-CR-89
Criminal. Affirms order modifying sentence after a conviction of Class B felony conspiracy to manufacture methamphetamine and guilty plea to Class B felony manufacturing methamphetamine.
Dwayne Rhoiney v. State of Indiana (NFP)
49A02-1107-CR-650
Criminal/rehearing. Reaffirms original opinion upholding trial court sentence for murder, criminal confinement and carrying a handgun without a license.
Damionne M. Nichols v. State of Indiana (NFP)
02A04-1203-CR-133
Criminal. Affirms conviction and sentence for unlawful possession of a firearm by a serious violent felon, a Class B felony.
Janella Datcher v. State of Indiana (NFP)
82A01-1111-CR-506
Criminal. Affirms convictions and 35-year sentence for Class A felony child molesting and two counts of Class D felony battery.
Terrance Mitchem v. State of Indiana (NFP)
71A03-1110-PC-497
Post-conviction. Affirms denial of post-conviction relief for murder, attempted murder, three counts of attempted murder, two counts of rape and one count of criminal deviate conduct.
Lance Scott Boutte v. State of Indiana (NFP)
02A05-1202-CR-91
Criminal. Affirms trial court denial of petition to file a belated notice of appeal.
Curtis B. Lay v. State of Indiana (NFP)
18A02-1111-CR-1074
Criminal. Affirms conviction of Class A felony dealing in a schedule III controlled substance.
T.A.B. v. State of Indiana (NFP)
57A03-1204-JV-154
Criminal. Affirms juvenile court order placing T.A.B. in Indiana Boys School.
Indiana Supreme Court posted no opinions at IL deadline.
7th Circuit rejects disability appeal
An Indiana man lost his appeal of denial of Social Security disability benefits Friday at the 7th Circuit Court of Appeals.
Opinions Sept. 7, 2012
7th Circuit Court of Appeals
Robert S. Filus v. Michael J. Astrue, Commissioner of Social Security
No. 12-1164
U.S. District Court, Northern District of Indiana, Fort Wayne Division. Magistrate Judge Roger B. Cosbey.
Civil/Social Security. Affirms denial of disability benefits, holding that substantial evidence supports the decision of the administrative law judge.
Sunburned man gets no relief
The Indiana Court of Appeals has ruled that a badly sunburned patient failed to meet the burden of res ipsa loquitur in a medical malpractice lawsuit against his dermatologist.
Justice finalists to students: Be careful on Facebook
The three finalists to be the next justice on the Indiana Supreme Court offered advice to aspiring attorneys Thursday that included a caution about what they post on their Facebook pages and social networks.
Father’s consent not necessary for adoption to proceed
Adoptive parents did not have to get the biological father’s consent to adopt his minor child, the Indiana Court of Appeals has ruled.
Opinions Sept. 6, 2012 ILD
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Deon Liggans v. State of Indiana (NFP)
49A04-1111-CR-616
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Arlandas A. Anderson v. State of Indiana (NFP)
92A05-1202-CR-72
Criminal. Affirms sentence for Class C felony nonsupport of a dependent child.
Maury Dusendschon v. Review Board of the Indiana Dept. of Workforce Development and TALX UC Express (NFP)
93A02-1104-EX-525
Agency action. Affirms denial of request for unemployment insurance benefits.
Timothy L. Barnes v. State of Indiana (NFP)
10A01-1201-CR-27
Criminal. Affirms sentence for Class B felony rape.
Reginold Knox v. State of Indiana (NFP)
35A05-1201-CR-32
Criminal. Affirms sentence for Class D felony possession of marijuana.
Tami L. Duvall v. State of Indiana (NFP)
03A04-1108-CR-447
Criminal. Affirms murder conviction, but reverses and remands with instructions to vacate five of her six convictions of insurance fraud as Class C felonies and two of her three convictions of Class D felony obstruction of justice.
Opinions Sept. 6, 2012
7th Circuit Court of Appeals
Home Federal Savings Bank v. Ticor Title Insurance Co.
11-3446
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Reverses summary judgment for Ticor Title Insurance on Home Federal Savings Bank’s attempt to have the title insurance company defend the bank on a counterclaim filed by a general contractor to recover on a mechanic’s lien. The undisputed facts show that the title insurer breached its duty to defend the bank on the claim that the mechanic’s lien had priority over or parity with the mortgage, which the bank was foreclosing. Remands for proceedings on the issue of damages.
Title insurer had duty to defend
The 7th Circuit Court of Appeals found that Ticor Title Insurance Co. breached its duty to defend Home Federal Savings Bank on a counterclaim brought by a general contractor on the failed ethanol plant in Cloverdale.
Court correctly ruled toxicology department audit results ‘irrelevant’
The Hamilton Superior Court properly denied a defendant’s attempt to elicit testimony concerning the reliability of toxicology test results from the Indiana Department of Toxicology dealing with an audit of tests performed by the department from 2007 to 2009, the Indiana Court of Appeals held Thursday.
Judges order new trial based on prosecutor’s comments
Comments made by a prosecutor during a Harrison County man’s trial for charges stemming from a break-in at a convenience store improperly suggested that the man chose not to testify so he would not incriminate himself, the Indiana Court of Appeals ruled.
St. Joe Bar Association to present diversity summit
The Diversity Committee of the St. Joseph County Bar Association is hosting a presentation on diversity in the legal profession Sept. 24, which will include former Indiana Justice Frank Sullivan Jr. discussing inclusion among the judiciary and the selection of judges.
Attorneys ask justices to release Camm while awaiting retrial
Attorneys for David Camm, a former Indiana State Trooper twice convicted of killing his wife and two children, are asking the Indiana Supreme Court to order a special judge to release Camm from his pre-trial detention.
Practicing Law in Indiana: Immigration Sept. 14
Indiana Lawyer is sponsoring immigration CLE event titled “Immigration Issues Relevant to Global Human Resources Mobility: What In-House Counsel Needs to Know” on September 14 in Indianapolis. The chair and moderator is Mariana Richmond, partner at Barnes & Thornburg LLP. Other featured speakers include Marco Moreno, of counsel at Barnes & Thornburg and Jeff Papa, chief of staff and chief legal counsel of the Indiana Senate. Presentations will include an update on the status of the Indiana immigration law; I-9 mandatory employer compliance; and current employment-based immigration issues from an employer's perspective.
Registration begins at 11:30 a.m. and the program runs from noon to 2:15 p.m. at Barnes & Thornburg, 5th Floor Conference Center, 11 S. Meridian St., Indianapolis. The cost is $79 and includes a box lunch. Two hours of CLE credit is available. Visit Indiana Lawyer 's events page www.theindianalawyer.com/events to register online or to download a printable registration form. For questions or more information, contact Karen Aruta at 317-472-5201 or [email protected].
Opinions Sept. 5, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
William LaShun Caples v. State of Indiana (NFP)
45A04-1202-CR-69
Criminal. Affirms denial of Caples’ motion to set aside jury verdict convicting him of three counts of Class A felony child molesting.
Charles Blakemore v. State of Indiana (NFP)
49A02-1201-CR-77
Criminal. Affirms denial of motion to correct erroneous sentence.
Najee S. Blackman v. State of Indiana (NFP)
34A02-1203-CR-335
Criminal. Affirms denial of motion to correct erroneous sentence.
Estate of Lewis G. Mark, Deceased, and Evelyn J. Mark v. 1st Source Bank (NFP)
71A03-1203-MF-143
Mortgage foreclosure. Affirms summary judgment for 1st Source as to its foreclosure complaint.
In the Matter of Term. of the Parent-Child Rel. of: D.H., C.H., & A.H.; and D.M. v. The Indiana Dept. of Child Services (NFP)
54A05-1202-JT-56
Juvenile termination of rights. Affirms involuntary termination of parental rights.
In the Matter of the Term. of the Parent-Child Rel. of: Z.B., G.B., K.B., & S.B.; and T.S. v. Indiana Dept. of Child Services (NFP)
64A03-1201-JT-31
Juvenile termination of rights. Affirms termination of parental rights.
Opinions Sept. 5, 2012
Indiana Court of Appeals
Cody B. Honeycutt v. State of Indiana
92A04-1203-CR-149
Criminal. Reverses denial of motion to dismiss charges on grounds that they were barred by the Successive Prosecution Statute. Because the four charges were supported by probable cause and based on a series of acts so connected that they constituted parts of a single scheme or plan, they should have been charged in a single prosecution.
Judges affirm jury instruction was not permitted under Barnes
The Howard Superior Court was correct in refusing a defendant’s instruction that provided a defense to his resisting arrest charges. The 2011 Supreme Court ruling in Barnes v. State did not permit his proposed instruction, the Indiana Court of Appeals held.
Man’s additional charges should have been dismissed
The Whitley Superior Court should have granted a defendant’s motion to dismiss two operating while intoxicated charges because the charges came after he pleaded guilty to two other charges relating to the same initial traffic stop.