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5th Amendment right against self-incrimination not violated

The Indiana Court of Appeals ruled that because a defendant’s attorney asked a detective whether the defendant admitted to molesting his girlfriend’s daughter, the defense opened the door to the prosecution to ask about the scope of the interview. The defendant claimed his Fifth Amendment rights were violated when the detective said the defendant asked to “stop speaking” during the interview.

COA rules on Kroger fuel sign dispute

The Indiana Court of Appeals reversed summary judgment for a developer on its claims of criminal mischief, criminal trespass and criminal conversion against grocer Kroger after the store modified a shopping plaza’s sign once it added a fueling station. There isn’t evidence that Kroger had criminal intent when it modified the sign pylon.

Former Evansville legal aid director honored at Law Day dinner

Sue Ann Hartig, who retired this year after serving as executive director of the Legal Aid Society of Evansville for more than 25 years, received the James Bethel Gresham Freedom Award April 20 from the Evansville Bar Association.

Opinions April 24, 2012 ILD

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

7th Circuit Court of Appeals had posted no Indiana opinions by IL deadline.

Indiana Court of Appeals
Michael L. Crowe v. State of Indiana (NFP)
89A01-1108-CR-420
Criminal. Affirms sentences for two counts of Class C felony forgery, one count of Class D felony receiving stolen property and Class D felony theft.

Harold W. Reynolds v. State of Indiana (NFP)
48A04-1109-CR-468
Criminal. Affirms trial court’s order that Harold Reynolds serve the remaining 12 months of his previously suspended sentence for violation of his work release requirements.

Releford Green, Jr. v. State of Indiana (NFP)
84A01-1107-CR-320
Criminal. Affirms conviction of Class D felony domestic battery; reverses conviction of Class A misdemeanor battery on double jeopardy grounds and remands with instruction that the trial court vacate the conviction and sentence on that count.

Term. of Parent-Child Rel. of M.B., D.B., and D.S.; M.B. (Mother) v. Indiana Dept. of Child Services (NFP)
30A04-1110-JT-554
Juvenile. Affirms termination of mother’s parental rights.

In Re The Marriage of: Leanne Kathleen Johnson v. Florenzo Johnson (NFP)
49A02-1109-DR-852
Domestic relation. Affirms trial court’s grant of father’s petition to modify joint legal custody, awarding full custody of two children to father.

Indiana Supreme Court accepted no cases on transfer for the week ending April 20.
 

Opinions April 24, 2012

Indiana Court of Appeals
George Clements v. Kimberly Hall and Stanley Harmon
06A04-1106-MI-282
Miscellaneous. Reverses trial court’s award of summary judgment for Kimberly Hall and Stanley Harmon, holding their attorney failed to notify George Clements and his attorney that a motion had been filed. Remands for further proceedings consistent with its opinion.

Appellate court reverses ALJ in unemployment claim

The Indiana Court of Appeals held that a company was not obligated to continue employing a driver who lost consciousness behind the wheel, but because he holds no fault for that incident, he is eligible for unemployment benefits.

Insurer failed to prove driver violated policy clause

Because a drug test failed to show conclusively when a driver last used marijuana before a fatal crash, an insurer cannot deny payment based on an exclusionary clause in the policy, the Court of Appeals determined.

COA reverses trial court in estate case

The Indiana Court of Appeals held that the trial court improperly granted summary judgment to parties whose attorney did not notify opposing counsel that a motion had been filed.

Justices deny case involving trial judges issuing orders against other courts

The Indiana Supreme Court will not take the lawsuit filed by six people against Marion Superior Judge William Young for his actions in traffic court. The plaintiffs wanted the special judge appointed to their case to order Young to comply with certain procedures, which included mandating Young allow the general public to attend court sessions.

Chinn: Law Day 2012

Every year, we celebrate Law Day – the day first proclaimed in 1958 by President Dwight Eisenhower to be set aside to celebrate the rule of law. Following a Congressional resolution passed in 1961, May 1 has been officially designated to celebrate Law Day.

ATM fee disclosure rules and related litigation

In 2011, nine lawsuits were filed in the United States District Court, Southern District of Indiana, in which plaintiffs sued owners or operators of ATMs for failing to post a sign advising users of usage fees. Similar suits have been filed around the country, and groups that represent ATM owners’ interests are calling for a change to federal law to stop further litigation.