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Opinions Oct. 3, 2012 ILD

 

7th Circuit Court of Appeals posted no opinions by IL deadline.

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

Indiana Court of Appeals
Billy G. Ray v. Connie A. Ray (NFP)
41A05-1203-DR-130
Domestic relation. Reverse court order with respect to the amount of Billy Ray’s child support obligation and remands for the court to hold a new hearing to determine his obligation, and whether Connie Ray is entitled to attorney fees for this appeal. Affirms denial of Billy Ray’s petition to modify custody and the court’s decision to modify his parenting time.
 
David J. Morton v. State of Indiana (NFP)
10A05-1202-CR-63
Criminal. Affirms conviction and sentence for Class B felony burglary.
 

Opinions Oct. 3, 2012

Indiana Court of Appeals
Steven B. Steele v. State of Indiana
49A05-1202-CR-54
Criminal. Affirms denial of motion to suppress. Evidence Rule 617 does not apply in this case because the police officer’s interrogation of Steele did not occur in a place of detention. The rule also does not explicitly or implicitly impose an affirmative duty on law enforcement officers to transport a person to a place of detention before conducting a custodial interrogation.

Defendant’s argument should be made to rules committee

In affirming the denial of a man’s motion to suppress statements he made to an officer at a gas station, the Indiana Court of Appeals pointed out that his arguments pertaining to Indiana Evidence Rule 617 would be better presented to the Evidence Rules Review Committee.

Practicing Law in Indiana: Ethics Oct. 31

Indiana Lawyer is sponsoring the “Practicing Law in Indiana: Ethics” CLE on Wednesday, Oct. 31. The live presentation will take place in Indianapolis and a live video presentation is available in Fort Wayne and South Bend. Donald Lundberg of Barnes & Thornburg LLP will serve as chair and moderator. The program features two panel discussions, one focuses on lawyer misconduct and the other on legal malpractice. Panelists for Lawyer Misconduct are James Bell of Bingham Greenebaum Doll LLP, Ronald Elberger of Bose McKinney & Evans LLP, Donald Lundberg of Barnes & Thornburg LLP and G. Michael Witte of the Indiana Disciplinary Commission. Panelists for Legal Malpractice are Dina Cox of Lewis Wagner LLP, Alice McKenzie Morical of Hoover Hull LLP, Ronald Waicukauski of Price Waicukauski & Riley LLC and Scott Weathers of Weathers Law Office P.C.
 
Registration begins at 12:30 p.m. and the program is from 1 p.m. to 4:15 p.m. The CLE will be held at the Barnes & Thornburg office in each city listed. The cost is $99. A special early bird rate is available through Oct. 17. Three hours of CLE/ethics credit is available. Visit Indiana Lawyer 's events page  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].
 

Judges find no misconduct by hospital

The Indiana Court of Appeals affirmed the denial of a woman’s motion to correct error and relief from judgment following a verdict in favor of Clarian Health Partners on her medical malpractice complaint. The court found that Clarian’s counsel did not commit misconduct by not supplementing the deposition testimony of one of its doctors – a nonparty to the case – prior to trial.

Opinions Oct. 2, 2012 ILD

7th Circuit Court of Appeals posted no opinions by IL deadline.

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

Indiana Court of Appeals
Raymond C. Tisdale v. Christine M. (Tisdale) Bolick (NFP)
49A02-1202-DR-138
Domestic relation. Reverses order in which the court determined that it lacked jurisdiction to consider Raymond Tisdale’s petition to modify child support. Remands with instructions to hold a hearing.

Douglas Thompson v. State of Indiana (NFP)
45A03-1201-CR-5
Criminal. Affirms conviction and sentence for felony murder.

Lora L. Karr v. State of Indiana (NFP)
55A01-1112-CR-591
Criminal. Affirms denial of pretrial motion to suppress.

Scott J. Welton v. State of Indiana (NFP)
40A05-1202-CR-67
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct.

Garrett Andrew Plumlee v. State of Indiana (NFP)
82A05-1203-CR-131
Criminal. Affirms sentence for Class D felony criminal recklessness.

Herbert Preasha v. State of Indiana (NFP)
02A05-1204-CR-173
Criminal. Reverses denial of motion to have certain items seized at the time of Preasha’s arrest returned to him. Remands with instructions.

Tracy A. Lawrence v. State of Indiana (NFP)
02A03-1203-CR-125
Criminal. Affirms conviction of Class D felony theft.

Arthur J. Bryant v. State of Indiana (NFP)
31A04-1109-PC-542
Post conviction. Affirms denial of petition for post-conviction relief.
 

Opinions Oct. 2, 2012

Indiana Court of Appeals
Moise Joseph v. State of Indiana
82A05-1108-CR-387
Criminal. Reverses convictions of Class A felony burglary resulting in serious bodily injury, Class B felony attempted armed robbery and Class B felony criminal confinement. The trial court abused its discretion in admitting Joseph’s statements to the police detective.

Fraternity pledge loses appeal involving alleged hazing incident

Two Indiana Court of Appeals judges found that an incident involving “showering” at a Wabash College fraternity in 2007 – which led to injuries to a freshman pledge – were not considered hazing under Indiana law. Judge Nancy Vaidik, who dissented, found the majority’s view of pledging and hazing “far too restrictive.”

SCOTUS declines Indiana robo-call case

The Supreme Court of the United States came back for its 2012 session Monday and decided it will not take the appeal filed by a provider of prerecorded telephonic messages seeking to overturn enforcement of a ban on automated robo-calls in Indiana.

Opinions Oct. 1, 2012 ILD

7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

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

Indiana Court of Appeals
Michael D. Wood v. State of Indiana (NFP)
35A02-1204-CR-285
Criminal. Affirms trial court’s recommendation of a two-year driving privilege suspension following conviction of Class A misdemeanors possession of marijuana, possession of paraphernalia, and operating a vehicle with 0.15 or more blood alcohol content.

Acuity Mutual Insurance Company v. American Family Mutual Insurance Company, et al. (NFP)
71A05-1203-PL-101
Civil plenary. Reverses grant of American Family’s motion, in which the trial court concluded that the nephew of the owner of the van was entitled to coverage under Acuity’s policy and that Acuity was his primary insurer. Remands with instructions to enter summary judgment in Acuity’s favor.

In the Matter of the Civil Commitment of F.L. v. Wishard Health Services, Midtown Community Mental Health Center (NFP)
49A02-1202-MH-130
Mental health. Affirms civil commitment requiring F.L. to receive outpatient treatment.

Robert L. Peals v. Indiana State University and its Board of Trustees (NFP)
84A01-1110-PL-451
Civil plenary. Affirms judgment in favor of Indiana State University and its board of trustees on Peals’ breach of implied contract claim.
 

Opinions Oct. 1, 2012

Indiana Court of Appeals
Scott F. West v. State of Indiana
11A01-1203-CR-123
Criminal. Orders discharge of marijuana charges because West was held to answer those charges for more than a year without a trial date while a motion to suppress awaited a ruling. West did not request an indefinite continuance such that he needed to notify the court that he wished to proceed to trial.

Justices to hear negligent design case

The Indiana Supreme Court took three cases last week, including a lawsuit filed by a man rendered a quadriplegic after he fell out of a company truck while working for Richmond Power.

Committee taking another look at emancipation law

The Child Custody and Support Advisory Committee meets Tuesday to discuss the law passed during the 2012 legislative session that reduced the age of emancipation to 19 for child support purposes.

Clay County man entitled to discharge because of ruling delays

The Indiana Court of Appeals found that Scott F. West is entitled to discharge under Indiana Criminal Rule 4(C) because he was held to answer on marijuana charges for more than a year without a trial date while his motion to suppress awaited a ruling.