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Opinions March 21, 2013 ILD

Indiana Court of Appeals
Marquis Shipp v. State of Indiana (NFP)
49A02-1204-PC-322
Post conviction. Affirms denial of petition for post-conviction relief.

Arturo Fuentes v. State of Indiana (NFP)
79A02-1208-CR-698
Criminal. Affirms sentence for Class A felony dealing in cocaine and Class C felony possession of cocaine.

Christina J. Epps v. State of Indiana (NFP)
05A02-1207-CR-673
Criminal. Affirms convictions and sentence for two counts of Class A misdemeanor battery and one count of Class B misdemeanor battery.

The Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

Opinions March 21, 2013

Todd J. Crider v. State of Indiana
91S05-1206-CR-306
Criminal. Reverses in part the sentencing order that Crider’s habitual offender enhancement in a White County case be served consecutively to the habitual offender enhancement in a case from Tippecanoe County. Concludes that the waiver of the right to appeal contained in the plea agreement is unenforceable where the sentence imposed is contrary to law and the defendant did not bargain for the sentence.

Justices order resentencing on habitual offender sentences

The Indiana Supreme Court on Thursday reversed the part of a White Superior Court’s sentencing order that a man who pleaded guilty to theft and being a habitual offender must serve his sentence consecutively with a case out of Tippecanoe County.

Justices reaffirm ruling on sentence enhancements under habitual offender statute

The Indiana Supreme Court Thursday granted the state’s request for a rehearing in a case in which the justices determined that Anthony Dye’s sentence for unlawful possession of a firearm by a serious violent felon, which was enhanced under the general habitual offender statute, was an impermissible double enhancement.

COA affirms changing boy’s last name

The mother of a 5-year-old boy was unable to convince the Indiana Court of Appeals that the Marion Circuit Court erred in granting his father’s petition to change the boy’s surname to his last name.

Cedar Lake allowed to dissolve Parks Department, board

A Lake Superior judge erred when she used Dillon’s Rule to determine the scope of the town of Cedar Lake’s legal authority to dissolve its park board and Parks Department, the Indiana Court of Appeals ruled Thursday. The proper legal inquiry is based on the state’s Home Rule Act.

Judges rule against commissioners in eminent domain dispute

In a case involving the use of eminent domain to acquire land to expand the runway at the Clark County Airport, the Indiana Court of Appeals encouraged lawyers and the courts to stop using the phrase “jurisdiction over a particular case” when the term “legal error” should be used.

Opinions March 20, 2013 ILD

Indiana Court of Appeals
Mickell Biggs v. State of Indiana (NFP)
42A04-1208-CR-410
Criminal. Affirms amount of Biggs’ bail and the requirement that it be fully executed in cash.

Republic Services d/b/a Able Disposal Company v. Bullaro & Carton, P.C. (NFP)
45A03-1204-PL-150
Civil plenary. Affirms judgment in favor of Bullaro & Carton P.C. on its breach of contract lawsuit and denies B&C’s request for sanctions.

Adrian P. Jerrell v. State of Indiana (NFP)
63A01-1207-CR-326
Criminal. Affirms convictions and 70-year sentence for two counts each of Class A felony child molesting and Class B felony sexual misconduct with a minor.

Ricky Eugene Arion v. State of Indiana (NFP)
08A04-1203-CR-115
Criminal. Affirms conviction of attempted residential entry and adjudication as a habitual offender.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

Opinions March 20, 2013

Indiana Court of Appeals
State of Indiana v. I.T.
20A03-1202-JV-76
Juvenile. Dismisses state’s appeal from the juvenile court’s order rescinding its prior approval of a delinquency petition filed against I.T. Concludes sua sponte that the state is without authority to appeal a juvenile court’s order withdrawing its approval of the filing of a delinquency petition.

Problem-solving courts, CHINS legislation return to house of origin

The Indiana Senate passed several House bills Tuesday, including legislation expanding when a person can participate in a problem-solving court program. The House of Representatives returned bills on children in need of services petitions and prosecutor pensions back to the Senate.

Justices vacate transfer to negligent design case

The Indiana Supreme Court issued an order Monday vacating its grant of transfer to a case filed by a man rendered a quadriplegic after he fell out of a company truck’s utility bucket while working for Richmond Power.

5 finalists named for St. Joseph judgeship

The St. Joseph County Superior Court Judicial Nominating Commission has selected the five finalists to fill an upcoming vacancy on the court when Chief Judge Michael P. Scopelitis retires in June.

Opinions March 19, 2013 ILD

Indiana Court of Appeals
Derek F. Williams v. State of Indiana (NFP)
14A01-1205-CR-201
Criminal. Affirms murder conviction and sentence.

Alyse McGlaughlin and Connie Kleiner v. Jennifer M. McGlaughlin, State Farm Mutual Automobile Ins. Co., and Roger McGlaughlin (NFP)
49A02-1208-PL-677
Civil plenary. Affirms denial of a motion to correct error following the grant of summary judgment in favor of State Farm after the court reasoned that State Farm was entitled to complete set-off of any payment it would have owed to the appellants under the uninsured motorist endorsement they had purchased from State Farm because Alyse McGlaughlin settled with a third-party’s insurer for an amount equal to the UM endorsement’s policy limits.

First Financial Bank, National Assn., Hamilton, Ohio, as Successor in Interest to Federal Deposit Ins. Corp., Receiver of Irwin Union Bank and Trust Co. v. Fred L. Paris and Michelle S. Paris (NFP)
41A05-1209-MF-474
Mortgage foreclosure. Reverses order denying First Financial’s motion for summary judgment on its claims against the Parises and remands for further proceedings.

Jeremy L. Musall v. State of Indiana (NFP)
61A01-1208-CR-371
Criminal. Affirms sentence for murder, felony murder, two counts of Class A felonies burglary and rape, and one count of Class A felony kidnapping.

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

Opinions March 19, 2013

7th Circuit Court of Appeals
Frontier Insurance Company v. J. Roe Hitchcock, Timothy S. Durham and Terry G. Whitesell
11-3510
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms order the guarantors Hitchcock, Durham and Whitesell deposit with the clerk more than $1.5 million regarding a surety bond issued by Frontier Insurance. The guarantors must keep their promise to post collateral on Frontier’s demand.

Durham, other guarantors must post collateral on bond

The 7th Circuit Court of Appeals ruled Tuesday that Tim Durham and two other men who promised to indemnify and post collateral on a surety bond issued by Frontier Insurance Co. must post collateral on that bond.

Nursing student loses appeal of dismissal from Purdue

A nursing student at Purdue University’s Fort Wayne campus was unable to convince the Indiana Court of Appeals Tuesday that the university and officials violated her due process rights and breached a contract with her when they dismissed her from the program due to behavioral difficulties.