Task force, billboards part of AG’s prescription drug abuse fight
Billboards around Indiana are part of an awareness campaign about the dangers of prescription drug abuse announced Monday by Indiana Attorney General Greg Zoeller.
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Opinions Sept. 24, 2012 ILD
Indiana Court of Appeals
Thomas E. Lynch v. Arthur H. Huser (NFP)
49A05-1204-PL-162
Civil plenary. Affirms trial court judgment in favor of Huser.
Sean Cole v. State of Indiana (NFP)
49A02-1202-CR-66
Criminal. Affirms conviction of Class B felony dealing in cocaine.
Bryan Scholtes v. State of Indiana (NFP)
15A05-1202-CR-78
Criminal. Affirms trial court revocation of probation.
Steven R. Brandenburg v. First Republic Mortgage Corporation (NFP)
29A02-1201-PL-70
Civil plenary. Affirms trial court grant of summary judgment in favor of First Republic.
Olga Markova v. State of Indiana (NFP)
49A02-1110-PC-908
Post-conviction relief. Affirms trial court denial of post-conviction relief that sought to set aside guilty plea to charge of Class D felony theft.
Justin L. Smart v. State of Indiana (NFP)
46A05-1201-CR-20
Criminal. Affirms convictions of Class B felony dealing in cocaine and Class C felony dealing in a look-alike substance.
Andrew Humphreys v. State of Indiana (NFP)
79A04-1112-CR-677
Criminal. Affirms in part, reverses in part and remands, finding the court erred in applying a 16-year sentence for adjudication as a habitual offender, and instructed the court to specify which of Humphrey’s methamphetamine-related convictions is enhanced by the adjudication.
Troy Marie Cain Cornell v. State of Indiana (NFP)
02A03-1201-CR-33
Criminal. Affirms conviction of Class A misdemeanor prostitution.
Charles Davis, Sr. v. State of Indiana (NFP)
03A05-1111-CR-582
Criminal. Affirms conviction of dealing in methamphetamine, a Class B felony.
Matthew M. Derrick v. Estate of Ruth F. Korn (NFP)
71A03-1204-ES-178
Probate/estate. Affirms probate court ruling disallowing Derrick’s claim of a life estate and payments of maintenance of real property.
David Brown d/b/a DB Express v. Utility Peterbilt of Indianapolis (NFP)
49A05-1202-PL-61
Civil plenary. Affirms denial of plaintiff’s motion to correct error challenging a grant of summary judgment in favor of Peterbilt.
Opinions Sept. 24, 2012
Indiana Court of Appeals
State of Indiana v. Russell Oney
49A05-1204-CR-196
Criminal. Reverses and remands a trial court ruling that vacated a determination that a defendant was a habitual traffic violator, holding that even though one of the predicate offenses later was vacated in post-conviction relief, the BMV’s determination that Oney was a habitual traffic offender did not constitute manifest injustice.
Payne resigns as head of DCS
James W. Payne, the director of the Indiana Department of Child Services since 2004, submitted his resignation letter Monday to Gov. Mitch Daniels. The resignation comes after news reports raised questions about his involvement in DCS actions pertaining to his grandchildren.
Hospital has no claim against insurer in Tennessee judgment
A Fort Wayne Hospital that treated a person injured after a Tennessee vehicle crash may not enforce a lien against a judgment of a Tennessee court that awarded damages to the motorist.
Teen bit by police dog during arrest may sue, appeals court rules
A man who more than five years ago sustained injuries from police dog bites during his arrest may proceed with a tort claim, the Indiana Court of Appeals ruled.
Court of Appeals points to ‘alarming trend’ in defendant’s appeal
A defendant who attempted to have his conviction reversed by citing the fundamental error doctrine instead received a sharp rebuke from the Indiana Court of Appeals.
Stepson’s testimony, cell phone search invalidate stepdad’s drug conviction
A man’s conviction on a drug dealing conspiracy charge was reversed Monday when an appeals court panel ruled that a Marion County court erred in admitting testimony and evidence about text messages from the defendant’s stepson.
Study committees to look at workers’ comp, criminal history
This week at the Statehouse, interim committees will discuss issues including criminal history, criminal sentences and workers’ compensation.
Attorney facing fraud charges dropping lawyers
Lawyers for a high-profile Indianapolis attorney accused of misappropriating $4.5 million in client funds are requesting to withdraw as his defense counsel just a month before his trial date.
Appeals court reverses vacation of habitual traffic violator status
A trial court erred when it set aside a man’s 2002 guilty plea on a charge of operating a vehicle while a habitual traffic violator, the Indiana Court of Appeals ruled Monday.
Indianapolis Red Mass Oct. 9
The St. Thomas More Society of Indianapolis will hold its Red Mass at St. John Catholic Church Oct. 9 in downtown Indianapolis. The Mass is ecumenical in nature and celebrated by judges and lawyers of all faiths.
Opinions Sept. 21, 2012 ILD
7th Circuit Court of Appeals did not post any Indiana opinions by IL deadline.
Indiana Supreme Court and Tax Court did not post any opinions by IL deadline.
Indiana Court of Appeals
Stephen Williams, Special Administrator of the Estate of Roscoe Petty, et al. v. Safe Auto Insurance Company (NFP)
11A01-1202-CT-70
Civil tort. Affirms summary judgment for Safe Auto on its declaratory judgment action.
The Kroger Company d/b/a Jay C. Food Store v. Deborah and David Tincher (NFP)
47A04-1204-CT-194
Civil tort. Affirms denial of Kroger’s Trial Rule 60(B) motion to set aside a default judgment in favor of the Tinchers in their person injury action against Kroger.
Keith A. White v. State of Indiana (NFP)
79A02-1204-CR-312
Criminal. Affirms denial of White’s appeal of his motion to correct erroneous sentence.
In Re: The Paternity of J.T.F., Minor Child, M.A.J., II, Father v. D.H., Mother, State of Indiana (NFP)
53A05-1203-JP-179
Juvenile paternity. Affirms trial court’s denial of father’s motion for a paternity test.
Derik Miller v. State of Indiana (NFP)
49A02-1112-CR-1152
Criminal. Affirms trial court’s guilty judgment but remands for correction of the abstract of judgment to reflect Miller’s conviction of driving while suspended is an infraction.
Mathew A. Johnson v. State of Indiana (NFP)
79A02-1110-CR-991
Criminal. Affirms trial court was not obligated to sever the counts against Johnson, the jury was properly instructed and the sentence was not inappropriate.
David T. Stephanoff v. State of Indiana (NFP)
48A02-1112-CR-1129
Criminal. Affirms the trial court’s order that Stephanoff serve the sentences for theft consecutive to the sentences for his two other crimes but remands for correction of scrivener’s error in the sentencing order.
Mark A. Johnson v. State of Indiana (NFP)
49A05-1112-CR-681
Criminal. Affirms Johnson’s rape conviction but based on double jeopardy principles, reverses convictions of criminal confinement and battery and remands for the trial court to correct its records accordingly.
In Re The Civil Commitment of: J.B. v. Community North Hospital Gallahue Mental Health (NFP)
49A04-1202-MH-85
Mental health. Affirms trial court’s order temporarily committing J.B. at Community Hospital North.
Pharoah D. Newton v. State of Indiana (NFP)
82A01-1111-CR-507
Criminal. Affirms Newton’s conviction and sentence for murder.
T.C., Jr. v. State of Indiana (NFP)
20A04-1112-JV-679
Juvenile. Affirms T.C.’s adjudication as a delinquent child for committing acts that would constitute child molesting if committed by an adult.
Ricky Rapier v. State of Indiana (NFP)
49A04-1202-CR-92
Criminal. Affirms Rapier’s conviction of battery as a Class D felony.
Opinions Sept. 21, 2012
Indiana Court of Appeals
Justin Taylor v. State of Indiana
49A05-1201-CR-4
Criminal. Affirms conviction of Class C felony failing to register as a sex offender. Rejects argument that ankle bracelet alerted authorities Taylor was living at a different address.
Question over spirit in which statements were made is enough for jury to deliberate
A defamation suit against an employee will proceed following the Indiana Court of Appeals’ finding that there is doubt as to what conclusion a jury could reach in determining whether statements were made in good faith and without malice.
Supreme Court sets arguments in school voucher case
The Indiana Supreme Court will hear arguments Nov. 21 over whether the state’s school voucher program is unconstitutional.
Court of Appeals affirms extension of protective order
Asserting it cannot reweigh evidence, the Indiana Court of Appeals rejected a father’s arguments that the evidence did not support the extension of a protective order against him.
Ankle bracelet excuse fails in court
A sex offender cannot use an ankle monitor as an excuse for failing to update his address on the sex offender registry, the Indiana Court of Appeals ruled.
Opinions Sept. 20, 2012 ILD
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
George Sanders v. State of Indiana (NFP)
02A04-1112-PC-703
Post conviction. Affirms denial of petition for post-conviction relief.
D. Frank Winconek v. State of Indiana (NFP)
18A05-1204-CR-184
Criminal. Affirms sentence following guilty plea to five counts of Class D felony theft.
Abigail Begeman v. State of Indiana (NFP)
30A01-1204-CR-163
Criminal. Affirms sentence for convictions of Class A misdemeanors battery and resisting law enforcement, and Class B misdemeanors disorderly conduct and public intoxication.
Ellis DeBerry v. State of Indiana (NFP)
49A04-1111-CR-606
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Gerald Jerome Cox v. State of Indiana (NFP)
45A03-1202-CR-70
Criminal. Affirms 15-year sentence for Class B felony child molesting.
In the Matter of the Term. of Parent-Child Rel. of Ge.S. & O.S., and G.S. v. The Indiana Dept. of Child Services (NFP)
45A03-1201-JT-11
Juvenile. Affirms involuntary termination of parental rights.
Robert Wendel v. State of Indiana (NFP)
49A02-1201-CR-2
Criminal. Affirms convictions and 40-year sentence for Class A felony robbery, Class B felonies burglary, criminal confinement and aggravated battery, and Class A misdemeanor invasion of privacy.
Angela B. Tate v. State of Indiana (NFP)
02A03-1203-CR-140
Criminal. Affirms restitution order following convictions of Class D felony aiding theft and Class A misdemeanor resisting law enforcement.
Darius Jiggetts v. State of Indiana (NFP)
71A03-1202-CR-59
Criminal. Affirms imposition of consecutive sentences following revocation of probation.
Opinions Sept. 20, 2012
7th Circuit Court of Appeals
G&S Holdings LLC, et al. v. Continental Casualty Company
11-1813
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio.
Civil. Affirms grant of Continental’s motion to dismiss the suit against it stemming from Continental’s failure to pay adequate damages to G&S Metal Consultants Inc., which caused the plaintiffs damages. The plaintiffs cannot succeed on their claim that the wrong standard was applied to the motion to dismiss and the record supports dismissing for failure to state a claim.