Man found guilty again in South Bend murder
A St. Joseph County man who was convicted of killing his girlfriend – but later had the conviction overturned by the Indiana Supreme Court – was found guilty again April 12 of murder.
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Court reverses hotel’s cybersquatting conviction
A dispute over who could use the designation “Visit Michigan City LaPorte” led to a legal battle between LaPorte County’s visitors bureau and an area hotel-resort, with the trial court ruling in favor of the visitors bureau. But the Indiana Court of Appeals reversed Monday, ruling the bureau didn’t prove it held a valid and protectable trademark.
Opinions April 15, 2013
Indiana Court of Appeals
Jose Guzman v. State of Indiana
54A01-1209-CR-409
Criminal. Affirms eight-year sentence following guilty plea to Class C felony reckless homicide and the order Guzman pay restitution to the accident victims. The trial court acted within its discretion in ordering the restitution and in sentencing Guzman, and his sentence is not inappropriate.
Opinions April 12, 2013 ILD
Indiana Court of Appeals
Amanda Spicer v. State of Indiana (NFP)
84A01-1210-CR-445
Criminal. Vacates order revoking probation and remands with instructions.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions April 12, 2013
Indiana Court of Appeals
David R. Mertz v. City of Greenwood, Indiana
41A01-1206-MI-286
Miscellaneous. Affirms order denying Mertz’s petition to reverse the disciplinary action taken against him by the Greenwood Police Merit Commission following an evidentiary hearing. Mertz has not met his burden to show that the trial court determination, upholding the commission’s interpretation of the relevant ordinances, is arbitrary and capricious, an abuse of discretion, or otherwise contrary to law.
Police Merit Commission may discipline former assistant chief
A former assistant police chief of the City of Greenwood who was demoted to lieutenant may be disciplined by the city’s Police Merit Commission, the Indiana Court of Appeals ruled Friday. The officer argued that based on ordinances and codes, only the mayor could discipline police chiefs or assistant chiefs.
Indianapolis Bankruptcy Division eliminates informal ADR mandate
Southern District Bankruptcy Chief Judge James K. Coachys has signed an order that terminates a previous order requiring alternative dispute resolution related to Chapter 13 trustee motions to dismiss in the Indianapolis Division.
Workers’ comp, JTAC bills pass full Senate
Legislation out of the House of Representatives reconfiguring workers’ compensation in Indiana passed the Senate Wednesday and goes back to the House with some changes.
Opinions April 11, 2013 ILD
Indiana Court of Appeals
Jon J. Reid v. State of Indiana (NFP)
20A04-1207-PC-362
Post conviction. Affirms denial of petition for post-conviction relief.
The Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions April 11, 2013
Indiana Supreme Court
Utility Center, Inc. d/b/a Aqua Indiana, Inc. v. City of Fort Wayne, Indiana
90S04-1208-PL-450
Civil plenary. Reverses the judgment of the trial court granting the city’s motion to strike a jury request by Aqua Indiana and remands this cause for further proceedings. Concludes that “rehear the matter of the assessment de novo” within the meaning of Indiana Code 32-24-2-11(a) contemplates a new hearing with trial and judgment as in all other civil actions. And where a party so requests, a trial by jury.
Justices rule in favor of sewer facility operator in condemnation action
A case involving a compensation award for condemnation initiated by Fort Wayne’s Board of Public Works that may appear at first blush as a “no brainer” is actually not as simple as it seems, the Indiana Supreme Court pointed out Thursday.
Contractor wins on appeal of $14.5M damages award for defamation
State Farm Fire & Casualty Co. is on the hook for $14.5 million in damages after a contractor prevailed on his defamation claim against the insurer. The award is one of the largest defamation damages in the country, according to the court.
State Farm must pay contractor $14.5M for defamation
The Indiana Court of Appeals has affirmed a $14.5 million award of damages against State Farm Fire & Casualty Co. after finding the insurer couldn’t prove its three arguments on appeal to reverse. The award is one of the largest defamation awards in U.S. history, according to the court.
Opinions April 10, 2013 ILD
Indiana Court of Appeals
In the Matter of A.W. & C.S., Children in Need of Services; and L.D., Mother v. The Indiana Dept. of Child Services (NFP)
49A02-1208-JC-692
Juvenile. Affirms determination that the two minor children are children in need of services.
Jake E. Estes v. State of Indiana (NFP)
39A01-1205-CR-214
Criminal. Affirms conviction and sentence for dealing in marijuana as a Class D felony. Reverses and remands with instructions that the court vacate Estes’ conviction of possession of marijuana as a Class D felony based on double jeopardy principles. Judge Bailey dissents.
Timothy Miller v. State of Indiana (NFP)
06A04-1211-PC-591
Post conviction. Affirms denial of petition for post-conviction relief.
Jeff Rolston and Jana Rolston v. Brad's Realty and Property Management, LLC, and Dan L. Bradbury (NFP)
20A04-1209-CC-489
Civil collection. Affirms denial of the Rolstons’ motion to correct error on the judgment denying their claim for fraud, and the denial of Brad’s Realty’s motion to have the Rolstons pay attorney fees.
Demetrius Damon Taylor v. State of Indiana (NFP)
32A01-1205-CR-230
Criminal. Affirms convictions of Class A felony rape, Class B felony criminal confinement enhanced because of the use of a firearm, Class D felony criminal recklessness, Class B felony robbery, Class A felony burglary, two counts of Class D felony theft and determination Taylor is a habitual offender.
Kevin Hester v. State of Indiana (NFP)
49A02-1205-CR-381
Criminal. Affirms sentence for murder.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions April 10, 2013
7th Circuit Court of Appeals
Kevin B. McCarthy, et al., and Langsenkamp Family Apostolate, et al. v. Patricia Ann Fuller, et al.
12-2157, 12-2257, 12-2262
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. The District Court’s denial of McCarthy’s motion that the court take judicial notice of the Holy See’s rulings on Fuller’s status in the Roman Catholic Church is reversed, with a reminder to the district court that federal courts are not empowered to decide (or to allow juries to decide) religious questions. The other two appeals are dismissed.
Indiana among 35 states urging federal immigration reform
Indiana Attorney General Greg Zoeller joined a bipartisan group of 35 state and district attorneys general who Tuesday sent a letter to Republican and Democratic leaders in Congress urging federal immigration reform.
Electric cooperative owed no duty to injured contractor
An independent contractor injured at a generating station owned by Bloomington-based Hoosier Energy Rural Electric Cooperative was unable to prove to the Indiana Court of Appeals that the electric cooperative was negligent regarding his injury.
7th Circuit: Federal courts or juries can’t decide religious questions
Taking up three appeals stemming from a lawsuit filed surrounding control of religious documents and artifacts from the appearance of the Virgin Mary, the 7th Circuit Court of Appeals found that a federal judge erred in ruling that it should be up to a jury to decide whether a party to the lawsuit is still a religious sister.
COA affirms father’s convictions stemming from daughter’s injuries
The Indiana Court of Appeals rejected a St. Joseph County man’s claims that the trial court abused its discretion regarding the admission and exclusion of certain evidence at his jury trial for charges related to injuries to his infant daughter.
Senior judge permanently banned from judicial service
Senior Judge Lisa M. Traylor-Wolff, who faced a disciplinary action on charges she had a sexual relationship with a client, is no longer allowed to serve as a judge, the Indiana Supreme Court ordered Tuesday.