7th Circuit affirms District Court in mortgage dispute
The 7th Circuit Court of Appeals held that financier Morgan Stanley acted lawfully when selling a loan to another party.
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COA: Sex offender registration statute not unconstitutional
The Indiana Court of Appeals held that a man who was convicted of violating requirements of the Indiana sex offender registry statute failed to show evidence of ex post facto law.
Attempted murder sentence upheld in Martinsville school shooting
A Martinsville teen who as an eighth-grader shot and seriously wounded a classmate will continue to serve a 35-year sentence with five years suspended for his attempted murder conviction as an adult.
Indiana attorney to compete in national cycling race
Briana Clark, an attorney with Bingham Greenebaum Doll, is one of seven women chosen to race for the Nature Valley Grand Prix amateur cycling team.
Appeals court affirms attempted rape conviction
A man who tried to sexually assault a female co-worker as she slept in her home where he was a guest lost his appeal of an attempted rape conviction Friday.
Opinions June 8, 2012 ILD
Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline.
Indiana Court of Appeals
Kent A. Easley v. State of Indiana, Shelby County Prosecutor's Office, R. Kent Apsley, J. Brad Landwerlen, Shelby Co. Probation Dept., Deanna Holder, Shelby Co. Superior Ct One Clerk, et al. (NFP)
49A02-1109-CT-975
Civil tort. Affirms trial court’s order dismissing Easley’s motion for default judgment.
William A. Wiley v. State of Indiana (NFP)
48A02-1111-CR-1072
Criminal. Affirms sentence for Class B felony robbery, Class A misdemeanor criminal conversion and Class A misdemeanor battery.
Michael Kucholick v. State of Indiana (NFP)
12A02-1109-CR-907
Criminal. Affirms convictions of Class C felony criminal recklessness and Class B misdemeanor criminal mischief but reduces sentence to advisory standard of four years, with two years suspended to probation and two years to be executed in community corrections. Judge Edward Najam concurred in part and dissented in part.
Blake Clunie v. State of Indiana (NFP)
31A01-1109-PC-458
Post conviction. Affirms trial court’s denial of motion to correct error in Clunie’s erroneous filing of his petition for post-conviction relief, which was filed under the original cause number instead of the post-conviction cause number.
Opinions June 8, 2012
7th Circuit Court of Appeals
Kenneth Harper v. C.R. England, Incorporated
11-2975
U. S. District Court, Northern District of Indiana, Hammond Division, Magistrate Judge Paul R. Cherry.
Civil. Affirms District Court’s determination that Harper failed to set forth a prima facie case, under either the direct or indirect method of proof, to support his claim that C.R. England had retaliated against him for reporting what he believed to be unlawful racial discrimination. Holds that his record shows excessive absences were the cause for his termination.
COA reverses in favor of FSSA in provider payment dispute
The Indiana Court of Appeals held that a trial court erred in ruling in favor of health care providers regarding payments from the state’s Residential Care Assistance Program.
Daughter’s emancipation upheld; COA advises on forthcoming child-support changes
A 20-year-old woman will remain emancipated from her divorced parents after the Indiana Court Appeals on Friday upheld a Howard Circuit Court order.
7th Circuit affirms court in retaliation claim
A man who claimed he was wrongfully terminated in retaliation for claiming racial discrimination at his workplace was fired for just cause, the 7th Circuit Court of Appeals ruled.
Opinions June 7, 2012 ILD opinions
7th Circuit Court of Appeals had posted no Indiana opinions by IL deadline.
Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline.
Indiana Court of Appeals
In the Matter of the Civil Commitment of: T.K. v. Community Hospital North (NFP)
49A02-1111-MH-1003
Mental health. Dismisses as moot T.K.’s appeal of involuntary commitment order, as the term of commitment has already expired.
Opinions June 7, 2012
Indiana Court of Appeals
A.R.M. v. State of Indiana
71A05-1111-JV-613
Juvenile. Affirms juvenile court’s adjudication of A.R.M. as a delinquent child for committing child molesting, as a Class C felony when committed by an adult, and battery, as a Class B misdemeanor when committed by an adult. Holds that the court did not err in admitting the child victim’s videotaped testimony.
COA: Indiana hog farmer’s suit against N.C. operation to proceed
A North Carolina commercial hog operation must face an Indiana farmer’s claims of nuisance, negligence and trespass after an intentionally introduced, highly contagious virus infected his neighboring herd, causing damages in excess of $275,000.
Appeals court affirms admission of victim video in molestation trial
St. Joseph Probate Court did not err when it allowed videotaped evidence of a child molesting victim to be presented at the fact-finding hearing of a minor who subsequently was placed at the Indiana Boys School.
Legal aid provider closes
On June 6, the Community Organizations Legal Assistance Project Inc., doing business as the Community Development Law Center, announced that it had ceased operations on April 4.
Proposed rule changes in Northern District
The United States Bankruptcy Court for the Northern District of Indiana is seeking public comment about proposed changes to the court’s local rules.
COA finds court made several errors in sentencing
A trial court erred in sentencing a man who was on probation for one offense when he committed another, the Indiana Court of Appeals ruled.
Opinions June 6, 2012 ILD
7th Circuit Court of Appeals had issued no Indiana opinions by IL deadline.
Indiana Supreme Court and Indiana Tax Court had issued no opinions by IL deadline.
Indiana Court of Appeals
Teri Woenkhaus v. David Woenkhaus (NFP)
34A02-1111-DR-1041
Domestic relation. Affirms trial court’s property division order in dissolution of marriage, but remands for the court to award the parties’ income tax refunds to the wife.
Eric Liscomb v. State of Indiana (NFP)
49A02-1108-CR-715
Criminal. Affirms convictions of and sentences for felony murder, Class B felony robbery, Class A misdemeanor carrying a handgun without a license and Class C felony conspiracy to commit robbery.
Robert Johnson, Jr. v. State of Indiana (NFP)
49A02-1108-CR-712
Criminal. Affirms convictions of felony murder and Class B felony robbery.
M. Loren Fugate v. State of Indiana (NFP)
18A04-1110-CR-529
Criminal. Affirms revocation of probation and home detention and the order that Fugate serve the remainder of his sentence in the Department of Correction.
Frank E. Puzynski v. State of Indiana (NFP)
71A05-1111-CR-590
Criminal. Affirms convictions of and sentence for Class C felony operating a motor vehicle while intoxicated and Class C felony operating a motor vehicle after forfeiture of license for life.
Jermaine Young v. State of Indiana (NFP)
49A02-1109-PC-881
Post conviction. Remands with instructions to vacate Young’s conviction of Class C felony possession of cocaine, holding that his attorney’s failure to raise the issue of double jeopardy constitutes ineffective assistance of counsel. Affirms the court in all other respects.
Mark Van Eaton and Cynthia Van Eaton Vallimont v. German American Bancorp (NFP)
42A01-1108-MF-434
Mortgage foreclosure. Remands for the court to amend receivership order.
Faye E. Warfield v. Review Board of the Indiana Department of Workforce Development and IDWD U.I. Claims Adjudication (NFP)
93A02-1110-EX-915
Miscellaneous. Affirms Indiana Department of Workforce Development Review Board’s dismissal of Warfield’s appeal.
Opinions June 6, 2012
Indiana Court of Appeals
Keith D. Jackson v. State of Indiana
20A03-1105-CR-222
Criminal. Reverses sentence for possession of a firearm by a serious violent felon and remands for resentencing, holding the trial court erred by imposing a suspended sentence of four years contrary to the accepted plea agreement.
Termination of father’s parental rights upheld on appeal
A father with a history of incarceration and substance abuse properly had his parental rights to his four minor children terminated, an Indiana Court of Appeals panel ruled Wednesday.