Builder allowed to foreclose on lien
The Indiana Court of Appeals found a Lake Superior judge erred in denying a construction company’s request to foreclose on a mechanic’s lien after the client withheld a final payment, claiming faulty work.
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Indiana GAL/CASA program gets national grant
Indiana’s State Office of the GAL/CASA has been awarded a $40,000 grant from the National Court Appointed Special Advocate Association. The money will be used to support local programs that provide volunteer advocacy for abused and neglected children in Indiana.
Workers settle employment lawsuit against local hotels
Sixteen current and former Indianapolis hotel workers have settled their union-backed lawsuit that alleged employment violations by nine area hotels and Atlanta-based Hospitality Staffing Solutions, a subcontractor that employs many hotel workers.
Bankruptcy judge warns of impact of ‘fiscal cliff’
Chief Judge James K. Coachys in the U.S. Bankruptcy Court for the Southern District of Indiana sent a memo to the Indiana State Bar Association Wednesday explaining how budget cuts and the potential “fiscal cliff” have affected the court.
Settlement ends bitter battle over Mel Simon estate
A bitter battle over the $2 billion estate of the late shopping mall tycoon Melvin Simon has ended with a confidential settlement.
Opinions Dec. 11, 2012 ILD
The 7th Circuit Court of Appeals posted no Indiana opinons and the Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.
Indiana Court of Appeals
Paul Henry Gingerich v. State of Indiana
43A05-1101-CR-27
Criminal. Reverses conviction of Class A felony conspiracy to commit murder and remands for further proceedings. The juvenile court abused its discretion when it denied Gingerich’s request for a continuance.
Johnny Mosby v. State of Indiana (NFP)
49A02-1205-CR-403
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated.
Douglas A. Schwan v. Linda D. Schwan (NFP)
80A05-1204-DR-171
Domestic relation. Affirms division of marital property.
Phyllis Allen v. State of Indiana (NFP)
82A04-1205-CR-263
Criminal. Affirms conviction of Class A misdemeanor battery.
Richard A. Walls v. Janet Walls (NFP)
10A01-1112-DR-572
Domestic relation. Affirms determination that the real property was commingled with the marital estate and the decision to award Janet Walls a one-half interest in the real property.
Chad E. Aslinger v. State of Indiana (NFP)
68A04-1205-DR-259
Domestic relation. Reverses finding of contempt of court for failure to pay child support.
Garland Aschenbrenner, Winifred Aschenbrenner, and South Bend Carpetland USA, Inc., d/b/a Abbey Carpets and Floors v. Melvin H. Sandock Inter Vivos Revocable Trust, et al. (NFP)
71A04-1201-PL-96
Civil plenary. Vacates judgment in favor of the revocable trusts and the Sandocks that awarded damages of $180,183.11 plus attorney fees. Remands with instructions.
Steven T. Lakes v. State of Indiana (NFP)
15A01-1204-CR-186
Criminal. Affirms sentence following guilty plea to Class D felonies operating a vehicle while intoxicated with a passenger less than 18 years of age and operating a vehicle as a habitual traffic violator, and being a habitual substance offender.
Bradley S. Sater v. State of Indiana (NFP)
32A04-1204-CR-182
Criminal. Affirms conviction of Class A felony dealing in methamphetamine and remands with instructions to vacate the conviction of Class C felony possession of methamphetamine.
Housing group sues Buckingham over apartment accessibility
A not-for-profit fair housing group is suing Indianapolis-based Buckingham Cos., claiming the apartment developer has ignored government rules requiring accommodations for people with physical disabilities.
Opinions Dec. 11, 2012
Indiana Court of Appeals
Paul Henry Gingerich v. State of Indiana
43A05-1101-CR-27
Criminal. Reverses conviction of Class A felony conspiracy to commit murder and remands for further proceedings. The juvenile court abused its discretion when it denied Gingerich’s request for a continuance.
Justices decline to take 12 cases
The Indiana Supreme Court accepted none of the 12 cases before it on transfer request last week.
Court reverses felony convictions stemming from domestic incident
The state didn’t provide sufficient evidence to support convictions of Class D felony strangulation and domestic battery, the Indiana Court of Appeals held Tuesday. The court did order the domestic battery conviction entered as a Class A misdemeanor.
Judges reverse teen’s conspiracy to commit murder conviction
The Indiana Court of Appeals has reversed Paul Henry Gingerich’s conviction of Class A felony conspiracy to commit murder, finding the Kosciusko juvenile court abused its discretion in denying the then-12-year-old’s request for a continuance of a waiver hearing.
2013 Leadership in Law nominations due Jan. 15
Indiana Lawyer is proud each year to recognize attorneys who make meaningful contributions to the legal profession, their communities and beyond. The Distinguished Barrister Award honors those with 15 or more years of legal experience, while the Up and Coming Lawyer Award recognizes lawyers who, early in their careers, are already making their mark.
Nominations are being accepted through Jan. 15 for Indiana Lawyer’s 2013 Leadership in Law awards. Honorees will be announced in the April 24 issue of IL and celebrated at a reception in May. Visit http://www.theindianalawyer.com/nominations to learn more about the awards, view a list of past recipients and submit a nomination. Contact editor Kelly Lucas at [email protected] or 317-472-5233 for more information.
Justices deny Bisard’s blood evidence appeal
The Indiana Supreme Court let stand a ruling by the Court of Appeals allowing blood test results to be admitted in the drunken driving fatality trial of Indianapolis Metropolitan Police Department officer David Bisard.
Opinions Dec. 10, 2012 ILD
For-publication decisions issued today are detailed in the stories above. The Indiana Supreme Court and Tax Court released no opinions and the 7th Circuit Court of Appeals released no Indiana opinions Monday.
Indiana Court of Appeals
Darrell Woodruff v. State of Indiana (NFP)
49A02-1203-CR-247
Criminal. Affirms convictions of Class D felony criminal recklessness and Class A misdemeanor resisting law enforcement.
Term. of the Parent-Child Rel. of A.R., et al. (Minor Children); and T.M. (Mother) v. The Indiana Dept. of Child Services (NFP)
52A02-1205-JC-388
Juvenile. Affirms finding that the four minor children were children in need of services.
Henry Lee Smith, Jr. v. State of Indiana (NFP)
71A03-1204-CR-148
Criminal. Affirms conviction of Class B felony battery.
In Re: the Paternity of E.M.T.; C.J.G. v. M.C.T. (NFP)
48A02-1203-JP-260
Juvenile. Affirms denial of father’s request to change E.M.T.’s surname.
Darnell C. Miller, Sr. v. State of Indiana (NFP)
02A05-1110-PC-703
Post conviction. Affirms denial of petition for post-conviction relief.
Paul Jackson v. State of Indiana (NFP)
48A05-1205-CR-223
Criminal. Affirms sentence following guilty plea to Class C felony robbery.
Stacey Huddleston, Jr. v. State of Indiana (NFP)
20A03-1204-CR-152
Criminal. Affirms conviction and sentence for murder.
Guardianship of L.R.T. and A.J.B.; R.L. and P.L. (Guardians) v. A.B. and R.B. (Parents)
39A04-1208-GU-398
Guardianship. Affirms order terminating guardianship of L.T. and A.J.B. upon the motion of mother A.B.
The following opinion was posted after IL deadline Friday.
Indiana Tax Court
Miller Pipeline Corporation v. Indiana Dept. of State Revenue (NFP)
49T10-1012-TA-64
Tax. Denies Department of State Revenue’s motion for summary judgment on Miller Pipeline Corp.’s appeal of the department’s final determination denying its claim for refund of gross retail (sales) and use tax paid between 2005 and 2007.
Opinions Dec. 10, 2012
Indiana Court of Appeals
David Vance v. Francisco Lozano, et al.
02A03-1203-SC-142
Small claim. Reverses judgment in favor of Rock Solid and Lozano on Vance’s breach of contract claim. Finds the parties entered into an enforceable settlement agreement.
Company’s offer to replace driveway an enforceable agreement
The Indiana Court of Appeals reversed a small claims judgment in favor of a concrete company regarding whether the company had to follow through on replacing a driveway for a customer who was unhappy with the work a year later.
Failure to report abuse charges to proceed against athletic director
The Indiana Court of Appeals upheld the denial of LaPorte Community School Corp.’s athletic director Edward Gilliland’s attempt to dismiss two counts of misdemeanor failure to report child abuse filed against him. The charges stem from the conduct of LaPorte High School’s junior volleyball coach Robert Ashcraft.
David, Rush appointed as liaisons for juvenile program
Chief Justice Brent Dickson has appointed Justices Steven David and Loretta H. Rush to serve as the Indiana Supreme Court’s liaison representatives to the Court Improvement Program executive committee.
Indiana likely to be involved in gay marriage cases before SCOTUS
Attorney General Greg Zoeller’s office announced late Friday that Indiana will likely participate in some way in the California case involving the definition of marriage that the U.S. Supreme Court accepted Dec. 7.
COA rules it doesn’t have jurisdiction over online comment appeal
The Indiana Court of Appeals issued a 20-page order Dec. 7 outlining why Judges Edward Najam and Elaine Brown dismissed The Indianapolis Star’s latest appeal against having to release the name of an online commenter to the plaintiff in a lawsuit.