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.
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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.
Lawsuit challenges ‘guns in the workplace’ statutes
A Carmel attorney has filed a lawsuit claiming a Morgan County security company has violated laws that prohibit most employers from asking whether an employee owns, possesses, uses or transports firearms and from preventing employees from having a gun locked up and out-of-sight in their vehicles.
Businesses alleging financial loss against insurer lose before 7th Circuit
The 7th Circuit Court of Appeals ruled against a group of businesses that sued an insurance company claiming its failure to adequately pay G&S Metal Consultants Inc. following an explosion at the GSMC Georgia plant led to the plaintiffs suffering financial losses.
Monroe County man’s suit against ex-wife and city still alive in trial court
The Indiana Court of Appeals concluded Thursday that portions of a man’s lawsuit alleging false imprisonment, malicious prosecution and other claims against his ex-wife and the city of Bloomington may continue. The trial court had dismissed all claims against the parties, which includes Monroe County.
Chief justice approves master jury list
Indiana Chief Justice Brent Dickson has signed off on the 2013 master list for jury pool assembly. The Judicial Technology & Automation and Jury committees merged data from the Bureau of Motor Vehicles and Department of Revenue to create the list. Any obvious duplicate information, errors or nonqualified persons were removed.
Man to get new trial on meth, marijuana charges
An Elkhart man is entitled to a new trial on drug charges after the Indiana Court of Appeals found the police failed to “scrupulously honor” his right to remain silent.
Underinsurance benefit payout doesn’t satisfy judgment
The Indiana Court of Appeals held that the party at-fault in an auto accident is not entitled to benefit from the injured party’s “carefulness and assiduousness” in obtaining underinsured motorist insurance coverage.
Opinions Sept. 19, 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
Kenneth Kelly v. State of Indiana (NFP)
30A01-1112-PC-612
Post conviction. Affirms denial of petition for post-conviction relief.
Bruce Kevin Pond v. State of Indiana (NFP)
90A05-1202-CR-73
Criminal. Affirms sentence for voluntary manslaughter as a Class A felony.
Opinions Sept. 19, 2012
Indiana Court of Appeals
Michael Carpenter v. State of Indiana
85A05-1202-CR-57
Criminal. Affirms conviction of Class B felony conspiracy to commit dealing in methamphetamine. The police officers did not violate Carpenter’s Fourth Amendment rights when they entered the house’s curtilage pursuant to an arrest warrant and looked into the bathroom window. The officers also did not violate his rights under the Indiana Constitution.
Judicial Conference moves parenting time guidelines forward, minus parenting coordination
The board of directors of the Indiana Judicial Conference approved proposed changes to the state’s parenting time guidelines Sept. 14 and sent them to the Supreme Court for review. However, the guidelines were sent on without any suggestions on parenting coordination.
Court reduces $1.4M judgment in dispute over work done at Honda plant
The Indiana Court of Appeals has found that Greensburg-based Custom Conveyor Inc. is only entitled to recover about a tenth of the original $1.4 million awarded to it on breach of contract and warranty claims the company made against a subcontractor regarding work on the Indiana Honda plant.