State may take Greene County property for I-69 project
The state may take property in Greene County over the objections of the owners for construction of a portion of Interstate 69, the Indiana Court of Appeals held Thursday.
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Opinions Sept. 12, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
State of Indiana v. David Bisard
49A04-1109-CR-459
Criminal. Reverses suppression of Bisard’s blood for purposes of various DUI charges. Finds the medical assistant did draw his blood in a way that followed physician-approved protocols and the implied consent statutes indicate that blood evidence is admissible so long as it complies with the rules of evidence. Read more about the decision.
In the Matter of the Adoption of J.W.; T. McD. v. G.C. (NFP)
53A04-1202-AD-78
Adoption. Affirms denial of T.McD.’s objection to and motion to vacate the decree of adoption of J.W.
Ethel S. Taylor v. State of Indiana (NFP)
49A02-1201-CR-19
Criminal. Affirms conviction of Class C felony battery.
Kevin Joseph Shufford v. State of Indiana (NFP)
45A03-1202-CR-72
Criminal. Affirms sentence for two counts of Class B felony dealing in cocaine and two counts of Class D felony dealing in a substance represented to be a controlled substance.
Brad A. Fisher v. Brandy Fisher (NFP)
43A03-1202-DR-86
Domestic relation. Dismisses Brad Fisher’s appeal of the order denying his verified petition to deem judgment paid in favor of Brandy Fisher.
Robert Lee Pickens v. State of Indiana (NFP)
43A03-1112-CR-585
Criminal. Affirms conviction of Class B felony dealing in methamphetamine, finding he is a habitual offender, and 30-year sentence.
Troy E. Reik v. State of Indiana (NFP)
11A01-1203-CR-134
Criminal. Affirms order Reik pay restitution.
In Re The Paternity of E.W.; T.S. v. J.W. and V.W. (NFP)
65A05-1201-JP-23
Juvenile paternity. Affirms denial of natural father’s request to change E.W.’s name and for attorney fees, and affirms refusal to make natural father’s support obligation retroactive to his paternity filing.
Term. of Parent-Child Rel. of Cord. L., Cort. L., & Cha. L., Minor Children, and their Mother, C.H.; C.H. v. Indiana Dept. of Child Services (NFP)
02A03-1202-JT-101
Juvenile. Affirms termination of parental rights.
Aljerome Hill v. State of Indiana (NFP)
71A04-1203-CR-147
Criminal. Affirms conviction of Class D felony domestic battery.
Opinions Sept. 12, 2012
Indiana Court of Appeals
Dezmon Gaines v. State of Indiana
34A05-1201-CR-21
Criminal. Affirms denial of motion to suppress evidence. Indiana Code 9-19-19-4 is not void for vagueness and the officer’s search of Gaines was reasonable. Judge Crone concurs in result.
Man convicted of molestation was denied fair trial
A Greene County man convicted of Class A felony child molesting is entitled to a new trial because extensive hearsay and vouching testimony was admitted in error, the Court of Appeals held Wednesday.
Statute on car window tint not void for vagueness
The Howard County man who argued that the statute dealing with the tint of car windows is void for vagueness lost his appeal, so the drug evidence found on him during a traffic stop can be allowed at trial, the Court of Appeals ruled.
Man’s barking dogs did not violate noise ordinance
An Indianapolis man will be able to keep all four of his dogs after the Indiana Court of Appeals found that complaints by just one neighbor about barking didn’t support finding he violated a local noise ordinance. The trial judge had ordered he get rid of two of his dogs.
Sept. 11 victims fund chief shares poignant, practical experience
Kenneth Feinberg brought tears to many of the attorneys who heard him speak Tuesday at the Indiana University Robert H. McKinney School of Law in Indianapolis about overseeing the compensation fund for victims of the Sept. 11 attacks.
COA rules trial court erred in suppressing blood evidence in Bisard case
The blood of the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one motorcyclist and injuring two others should be allowed at his trial for reckless homicide and other alcohol-related charges, the Indiana Court of Appeals ruled Wednesday morning on interlocutory appeal.
Opinions Sept. 11, 2012 ILD
7th Circuit Court of Appeals released no Indiana opinions by IL deadline.
Indiana Supreme Court and Indiana Tax Court released no opinions by IL deadline.
Indiana Court of Appeals
J.Z. v. State of Indiana (NFP)
49A02-1202-JV-132
Juvenile. Affirms adjudication of delinquency.
J.G. v. State of Indiana (NFP)
49A02-1201-JV-17
Juvenile. Affirms adjudication of delinquency.
Argelio Gonzales v. State of Indiana (NFP)
09A02-1202-CR-92
Criminal. Affirms trial court order denying motion for sentence reduction.
Joseph V. Haas v. State of Indiana (NFP)
42A05-1202-CR-80
Criminal. Affirms revocation of probation.
William Adams and Patricia Adams v. Chase Home Finance, LLC (NFP)
18A02-1202-MF-96
Mortgage foreclosure. Affirms summary judgment in favor of Chase.
Dennis Yerk v. State of Indiana (NFP)
91A02-1111-CR-1056
Criminal. Affirms Class D felony conviction of killing a domestic animal.
Lake County Trust Co., as Trustee for Lake County Trust 5434 v. United Consumers Club, Inc. (NFP)
45A03-1111-PL-527
Civil plenary. Reverses summary judgment for the trust, holding that the trust did not have standing to sue.
In the Matter of a Minor Child in Need of Services, T.C., Minor Child, M.C., Mother v. Indiana Dept. of Child Services (NFP)
85A02-1202-JC-139
Juvenile custody. Affirms adjudication of T.C. as a child in need of services.
Robert A. Lesure v. State of Indiana (NFP)
18A02-1202-CR-87
Criminal. Affirms convictions and sentence for Class B felony robbery, and Class C felony intimidation.
Zimmer, Inc. and Zimmer Dental, Inc. v. Jason Young, Renae Salvitti, and Implant Direct Sybron Manufacturing, LLC d/b/a Implant Direct Sybron Intl. (NFP)
02A03-1112-CT-548
Civil tort. Affirms on interlocutory appeal the trial court’s denial of Zimmer’s request for additional injunctive relief.
Opinions Sept. 11, 2012
Indiana Court of Appeals
Phillip A. Collins v. HSBC Bank USA, National Association, as Trustee for Home Equity Loan Trust Series Act 2004-HE3
45A03-1111-MF-600
Mortgage foreclosure. Affirms summary judgment in favor of HSBC, holding that Collins is estopped from asserting claims previously lost and litigated.
Court of Appeals rejects typo argument in reversing a sentence for child molestation
In a split ruling, the Indiana Court of Appeals upheld a South Bend man’s conviction of child molestation but rejected the state’s claim that wording on a supplemental sentencing order was a scrivener’s error.
Neglect conviction, sentence in child’s death affirmed
The conviction and sentence of a Delaware County woman whose stepdaughter died due to neglect was not inappropriate, the Indiana Court of Appeals ruled Tuesday.
Appeals court reverses termination of father’s rights
The Department of Child Services failed to prove that a father’s children were removed for cause required under state statute, and the trial court erred in terminating the parental rights of the Dearborn County man.
Post-judgment interest award reversed
An award of post-judgment interest paid by a losing party does not include the time a court takes in tallying the bill, the Indiana Court of Appeals ruled.
Appeals court upholds judgment for mortgage company
A Lake County trial court’s grant of summary judgment for the lender in a foreclosure case was affirmed Tuesday by the Indiana Court of Appeals.
David named to chair Allen County JNC
Indiana Supreme Court Justice Steven David has been appointed to chair the Allen Superior Court Judicial Nominating Commission.
Arguments for pretrial release found to be ‘unquestionably inappropriate’
The Indiana Supreme Court has dismissed without prejudice a request by a defendant to be released from jail while awaiting his third murder trial.
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