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Court orders BMV to hold hearing on whether felon can get ID

A federal judge has found a convicted felon’s due process clause claim “has teeth” and that the Bureau of Motor Vehicles must determine whether to issue the man an identification card even though his last name on his birth certificate and Social Security card do not match.

Bankruptcy court attempts to clarify order distribution

Bankruptcy Clerk Kevin P. Dempsey of the Southern District of Indiana has issued a clarification on when orders should be distributed now that rules have shifted responsibility for distribution of most orders to the prevailing parties.

Judges reaffirm 2 Weinberger patients’ psychological evaluations

In reaffirming a Lake Superior Court decision that granted former doctor Mark Weinberger’s motion that two men suing him undergo psychological examinations, the Indiana Court of Appeals clarified that there is no requirement that a trial court must compel an involuntary psychiatric evaluation when faced with similar facts and circumstances as in the instant cases.

2 indicted for defrauding company of $1.6M

A Fishers, Ind. man, along with a businessman in California, have been charged in the Southern District of Indiana with stealing more than a million dollars from the Indianapolis-area branch of power tool manufacturer Stanley Black and Decker.

Delayed ordinance publication doesn’t affect power to annex

Landowners challenging the annexation of portions of land in Hamilton County to the city of Westfield lost their appeal before the Indiana Court of Appeals. The remonstrators claimed the city’s delayed publication of annexation ordinances should have barred the annexation.

Opinions Oct. 11, 2012 ILD

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

Indiana Court of Appeals
Andrew Machi v. State of Indiana (NFP)
36A04-1203-CR-166
Criminal. Affirms revocation of probation.

Daniel Crabtree v. State of Indiana (NFP)
15A01-1203-CR-131
Criminal. Affirms sentence imposed after Crabtree’s probation for Class C felony child molesting was revoked.

Matthew Bryant v. State of Indiana (NFP)
03A01-1110-CR-496
Criminal. Reduces Bryant’s conviction of Class C felony battery to a Class B misdemeanor and remands for resentencing, which will have no effect on his aggregate 93-year sentence. Affirms remaining convictions of Class A felony burglary, two counts of Class B felony criminal confinement, and two counts of Class C felony intimidation.

Shellie P. App v. William App, Jr. (NFP)
67A01-1203-DR-99
Domestic relation. Finds trial court erred by entering a post-secondary educational expense order in the absence of a worksheet or its own findings and conclusions and by failing to specify which parent should claim the child as a dependent for tax purposes. Affirms in all other respects. Remands with instructions.

John Tompkins v. State of Indiana (NFP)
49A04-1111-CR-690
Criminal. Affirms conviction of Class A felony burglary and status as a habitual offender.
 

Opinions Oct. 11, 2012

7th Circuit Court of Appeals
Edward Jeroski, doing business as USA Cleaning Service and Building Maintenance v. Federal Mine Safety and Health Review Commission and U.S. Secretary of Labor
11-3687
Agency review. Denies USA Cleaning’s petition to review the order of the Federal Mine Safety and Health Review Commission, which affirmed the denial of an application for attorney fees under the Equal Access to Justice Act. The meaning of “prevailing party” under the act does not apply to USA Cleaning, which was the subject of an order by the Federal Mine Safety and Health Administration that was later dropped.

COA affirms 5 child molesting convictions

The admission of testimony by a licensed clinical psychologist at a man’s child molestation trial in Steuben County was not a fundamental error, the Indiana Court of Appeals held Thursday.

Attorneys not entitled to fees after agency drops order

Addressing for the first time what qualifies as a “prevailing party” under the Equal Access to Justice Act, the 7th Circuit Court of Appeals sided with several other appellate courts that have ruled on the issue.

New LSA director, deputy director named

The Legislative Council has selected George Angelone to serve as executive director of the Legislative Services Agency. Angelone takes over for Jack Ross, who will retire at the end of next month.

Opinions Oct. 10, 2012 ILD

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

Indiana Court of Appeals
In Re: The Matter of the Paternity of B.G., Minor Child; C.G. (Mother) v. R.M. (Father) (NFP)
77A01-1202-JP-82
Juvenile paternity. Reverses judgment allowing change of B.G.’s name and remands for a determination of best interest as it pertains to B.G.’s last name. Orders trial court to make the weekly child support order retroactive to at least the date that the mother filed the paternity action. Affirms giving the father a parenting time credit of $5.76 per week.

Judson D. Garrett v. State of Indiana (NFP)
02A04-1205-CR-231
Criminal. Affirms sentence following guilty plea to Class B felony robbery.

Charles Musselwhite v. State of Indiana (NFP)
48A02-1202-PC-136
Post conviction. Affirms denial of petition for post-conviction relief.

Edward Cecil, Jr. v. State of Indiana (NFP)
22A04-1112-CR-689
Criminal. Affirms conviction of Class B felony dealing in cocaine or a narcotic drug.

Grandview Memorial Gardens, LLC, Keith Mefford, Brittan Mefford, Richard Eblen and Sherry Eblen v. John C. Eckert, Wilmer E. Goering, II, and Alcorn Goering & Sage, LLP (NFP)
49A02-1111-PL-992
Civil plenary. Affirms grant of summary judgment to Eckert and reverses it as to Goering and AGS. The statute of limitations does not bar the Grandview clients’ claims against Goering and AGS for negligently handling the fire insurance claim and there is a dispute of material fact as to whether the Grandview clients and Goering and AGS had an attorney-client relationship with respect to that matter. Remands for further proceedings.

Zachary Podorsky v. State of Indiana (NFP)
29A05-1202-CR-94
Criminal. Affirms conviction and sentence for Class A misdemeanor possession of marijuana.

Douglas A. Myers v. State of Indiana (NFP)
82A01-1202-CR-78
Criminal. Affirms sentence following guilty plea to two counts of Class B felony sexual misconduct with a minor.

Paris Knox v. State of Indiana (NFP)
48A02-1203-CR-214
Criminal. Affirms sentence following guilty plea to Class B felony unlawful possession of a firearm by a serious violent felon.

 

Opinions Oct. 10, 2012

7th Circuit Court of Appeals
Charles R. Kastner v. Michael J. Astrue, Commissioner of Social Security
11-1166
U.S. District Court, Southern District of Indiana, Evansville Division, Magistrate Judge William G. Hussmann Jr.
Civil. Reverses denial of disability benefits, finding the administrative law judge did not adequately explain why Kastner had not met the requirements for a presumptive disability. Remands for further proceedings.

Court upholds imposition of court costs

The Indiana Court of Appeals found a man’s pro se motion to correct erroneous sentence was not the proper channel to challenge the imposition of court costs following his murder trial.

COA split over whether DCS has authority to interview sibling

An Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same home as a child who has claimed abuse by a resident family member.

Human rights law clinic leaders to visit IU McKinney

The attorney leaders of the Legal Aid Centre of Eldoret in Kenya will visit the Indiana University Robert H. McKinney School of Law Oct. 17 to discuss the successes of the human rights law clinic.