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Opinions Jan. 9, 2013 ILD

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.

Indiana Court of Appeals
Aaron Johnson v. State of Indiana (NFP)
32A01-1206-CR-270
Criminal. Affirms conviction of Class D felony battery.

Marty L. Armes v. State of Indiana (NFP)
28A01-1207-CR-299
Criminal. Affirms probation conditions are not ambiguous, overbroad, unconstitutionally vague or unreasonable, and the trial court’s sentence for two counts of Class B felony sexual misconduct with a minor is not inappropriate.

Brian E. Green v. State of Indiana (NFP)
63A04-1203-CR-141
Criminal. Affirms interlocutory order denying motion to suppress evidence seized after officers stopped the vehicle in which Green was a passenger.
 
Jack Lee v. State of Indiana (NFP)
29A02-1205-CR-384
Criminal. Affirms conviction and sentence for Class A misdemeanor operating a vehicle while intoxicated.

Troy Crim v. State of Indiana (NFP)
49A02-1204-CR-276
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class C misdemeanor.

Gerald Mickens v. State of Indiana (NFP)
49A02-1112-PC-1162
Post conviction. Affirms denial of petition for post-conviction relief.

Juan C. Duarte-Lopez v. State of Indiana (NFP)
20A03-1205-PC-238
Post conviction. Affirms denial of petition for post-conviction relief.
 

Opinions Jan. 9, 2013

7th Circuit Court of Appeals
United States of America v. Michael D. Weir
11-3321
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane Magnus-Stinson.
Criminal. All the judges on the original panel have voted to deny the petition for rehearing and no judge in regular active service asked for a vote on the petition for rehearing en banc. The petition is therefore denied. Weir complained that his Fourth Amendment rights were violated when a police officer seized $6,655 from him during a traffic stop.

Judge supports denying rehearing, but disagrees with colleagues’ rationale

The 7th Circuit Court of Appeals denied a man’s petition for rehearing and for a rehearing en banc after the court originally upheld the seizure of thousands of dollars following a traffic stop. But one judge did write to explain that she disagreed with her fellow panel members’ rationale for originally affirming the seizure.

Indiana authors SCOTUS brief on legislative prayer

Indiana Solicitor General Thomas M. Fisher drafted an amicus brief filed in the Supreme Court of the United States Monday in Town of Greece, N.Y. v. Galloway, 12-696. The brief, joined by 17 other states, asks the nation’s highest court to grant cert petition and issue a ruling clarifying that prayer is permitted before legislative bodies without requiring leaders to screen prayers for sectarian references.

US Courts hope to make bankruptcy forms more user-friendly

The United States Courts announced Tuesday that it is seeking comment from the public on proposed updates to the bankruptcy forms used by individual debtors. These changes are the first proposed modernization of the forms in two decades.

Settlement without insurer’s consent is at builder’s expense

The 7th Circuit Court of Appeals praised a homebuilder for its quick response and remedy to a couple’s discovery that their brand new home was full of backed-up sewage. But because Arbor Homes didn’t get the consent of the insurer regarding a settlement, the insurer has no obligation to pay for the cleanup.

Opinions Jan. 8, 2013 ILD

The Indiana Supreme Court, Court of Appeals and Tax Court issued no opinions by IL deadline Tuesday.
 

Opinions Jan. 8, 2013

7th Circuit Court of Appeals
West Bend Mutual Insurance Co. v. Arbor Homes LLC
12-2274
U.S. District Court, Southern District of Indiana, Indianapolis Division, Magistrate Judge Tim A Baker. Affirms District Court ruling in favor of West Bend Mutual Insurance that it has no duty to defend or indemnify Arbor Homes. Arbor Homes agreed to a settlement with homeowners without obtaining the prior consent of West Bend after raw sewage backed up into their brand new home.

ITT agrees to pay Sallie Mae $46M to settle suit

Carmel-based ITT Educational Services Inc., one of the largest operators of for-profit colleges in the nation, has agreed to pay Sallie Mae Corp. $46 million to settle litigation related to a loan agreement between the two parties.

AG sues Carmel business over undelivered Colts, sports memorabilia

A Carmel business and its owner face a state consumer protection lawsuit over accusations that the company bilked customers who used its website to pay for autographed photos and memorabilia of Indianapolis Colts player Reggie Wayne and former Colts Peyton Manning and Gary Brackett.

General Assembly begins 2013 session

The Indiana General Assembly convenes for the 2013 legislative session today with a new governor, many first-time legislators and a Republican supermajority in both the House of Representatives and the Senate.

Judge gets private reprimand

Four months after the Indiana Judicial Qualifications Commission filed charges against St. Joseph Probate Judge Peter Nemeth, the JQC and the judge have agreed to a private reprimand.

Opinion Jan. 4, 2013 ILD

Indiana Court of Appeals
Rori Property Holdings, LLC, et al. v. McCullough Construction Company, Inc. (NFP)
29A02-1204-PL-325
Civil plenary. Affirms trial court judgment in favor of McCullough Construction on its after-recorded mechanic’s lien and dismisses Rori Property’s appeal of judgment as it’s untimely and also dismisses appeal of denial of motion for relief from judgment.  

Sherry K. Kohues v. State of Indiana (NFP)
30A04-1208-CR-393
Criminal. Affirms revocation of probation and remands for an amendment of the abstract of judgment to reflect good time credit.  

Ricky J. Gellinger v. State of Indiana (NFP)
48A04-1204-CR-200
Criminal. Affirms revocation of probation.
 

Opinions Jan. 4, 2013

Indiana Court of Appeals
State of Indiana v. Daniel E. Riley
78A05-1206-CR-311
Criminal. Reverses dismissal of Class B misdemeanor battery charges. Because the information was proper even with Indiana Gaming Agent Audrey Smoot as an affiant, and because there appears to have been no other basis for the dismissal (other than possibly a mistaken belief that an unauthorized investigation would affect the information), the trial court abused its discretion in granting the dismissal.