Judges uphold family has no right of access through neighbor’s property
A family claiming that for more than 50 years they had an easement to access portions of their land through a neighbor’s property lost before the Indiana Court of Appeals.
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Pyle takes oath at robing ceremony
Indiana’s newest Court of Appeals judge also holds the distinction of being the only official appointed twice by Gov. Mitch Daniels.
Opinions Oct. 16, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Indiana Court of Appeals
Juan Manuel Correa, Jr. v. State of Indiana (NFP)
79A02-1202-CR-105
Criminal. Affirms sentence imposed following guilty plea to Class B felony burglary and Class C felony intimidation.
Term. of the Parent-Child Rel. of A.U., minor child, and S.U., the mother; S.U. v. Indiana Dept. of Child Services (NFP)
02A05-1201-JT-13
Juvenile. Affirms involuntary termination of parental rights.
Opinions Oct. 16, 2012
Indiana Court of Appeals
Charles Mitchell v. State of Indiana
49A02-1202-CR-125
Criminal. Affirms conviction and sentence for Class D felony theft. The evidence is sufficient to show Mitchell and the other defendants knowingly exerted unauthorized control over the apartment complex’s water heater with the intent to deprive the apartments of any part of its value or use. The advisory sentence imposed, with all but 60 days suspended to probation, was not inappropriate.
Court upholds conviction for theft of water heater
The Indiana Court of Appeals dismissed a man’s argument that he didn’t know he couldn’t take a water heater from an Indianapolis apartment complex to scrap, finding that the evidence supports his theft conviction.
Justices rescind order amending administrative rules, issue new one
The Indiana Supreme Court has rescinded the Sept. 7 order that set out amendments to Indiana Administrative Rules 5, 7, 8, 9 and 10, and the justices have issued in its place a new order. The changes include the use of senior judges, records that need to be microfilmed, and what court records are excluded from public access.
Lecture to look at SCOTUS ethics
The Tabor Institute on Legal Ethics topic this year at Valparaiso University Law School is United States Supreme Court ethics in the wake of NFIB v. Seblius.
ISBA members approve of appellate judges up for retention
The Indiana State Bar Association has released results of its 2012 Judicial Retention Poll. None of the six appellate judges up for retention in the Indiana Supreme Court or Court of Appeals received less than 81 percent of “yes” votes.
New Marion County Small Claims rules a ‘change in atmosphere’
A new set of rules for Marion County’s nine township Small Claims courts will make the forums more transparent and put important court information online for the first time, according to the judge overseeing reform efforts.
Opinions Oct. 15, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Indiana Court of Appeals
Ted L. Cecil, Cecil Septic LLC, and Max Haas Company, LLC v. Fisk Excavating, Plumbing and Septic Services, Inc., Dennis Fisk, Dennis Fisk, Jr.,Michelle Fisk, Bob Murphy, et al. (NFP)
33A05-1112-MI-686
Miscellaneous. Affirms summary judgment in favor of Fisk Excavating and other defendants on the plaintiffs’ legal malpractice claim. Remands for determination of Gregg Morelock’s appellate attorney fees.
Sally Applegate-Rodeman and Leslie M. Rodeman v. JDK, LLC d/b/a Livrite Fitness Center, d/b/a Northeast Fitness, Threstrands by Grace, LLC d/b/a Livrite Fitness Center, d/b/a Northeast Fitness (NFP)
49A02-1110-PL-950
Civil plenary. Dismisses the Rodemans’ appeal of summary judgment in favor of Livrite on a negligence claim.
Opinions Oct. 15, 2012
Indiana Court of Appeals
Ted L. Cecil, Cecil Septic LLC, and Max Haas Company, LLC v. Fisk Excavating, Plumbing and Septic Services, Inc., Dennis Fisk, Dennis Fisk, Jr.,Michelle Fisk, Bob Murphy, et al. (NFP)
33A05-1112-MI-686
Miscellaneous. Affirms summary judgment in favor of Fisk Excavating and other defendants on the plaintiffs’ legal malpractice claim. Remands for determination of Gregg Morelock’s appellate attorney fees.
Former Civil Rights Commission director, MCBA president dies
Sandra Leek, who ran the Indiana Civil Rights Commission for 13 years, died Oct. 12 after battling cancer. She was 58.
Indiana justices accept 2 cases
The Indiana Supreme Court will weigh in on whether communications during mediation can be used as extrinsic evidence.
Legislative groups to look at surrogate attorneys, funding for correction programs
Legislators this week will study a variety of issues, including preliminary drafts on surrogate attorneys and probate court authority.
Survey says: retain 2 Lake County judges
Respondents to a recent survey conducted by the Lake County Bar Association on two judges up for retention this year have recommended the judges be retained.
Bankruptcy court seeks comment on local rules
The U.S. Bankruptcy Court for the Northern District of Indiana is seeking public comment on proposed changes to Local Rule B-7056-1, Motions for Summary Judgment.
IU McKinney launches Bayh lecture
This Thursday marks the inaugural Birch Bayh Lecture at Indiana University Robert H. McKinney School of Law. The annual event, named after former U.S. Senator Birch Bayh, will focus on issues of importance to Bayh regarding the government.
Weinberger sentenced to 84 months in prison
A judge on Friday rejected former Merrillville "nose doctor" Mark Weinberger’s request to be released from federal prison for time served and instead ordered him to spend almost another four years behind bars for fraud.
Opinions Oct. 12, 2012 ILD
7th Circuit Court of Appeals issued no opinions prior to IL deadline.
Indiana Supreme Court and Indiana Tax court issued no opinions prior to IL deadline.
Indiana Court of Appeals
Charles Davis, Sr. v. State of Indiana (NFP)
03A05-1111-CR-639
Criminal. Affirms conviction and sentence for Class B felony dealing in methamphetamine.
Steven Powers v. State of Indiana (NFP)
84A01-1201-CR-29
Criminal. Affirms sentence for Class B felony neglect of a dependent resulting in serious bodily injury.
T.H. v. State of Indiana (NFP)
53A05-1203-JV-119
Juvenile. Affirms adjudication as a delinquent, finding T.H. committed rape and criminal deviate conduct.
Robert Decker v. Paul Whitesell, as Superintendent of the Indiana State Police, The Indiana State Police Board, and The Indiana State Police (NFP)
84A01-1112-PL-578
Civil plenary. Affirms termination of employment.
Robin McFarland v. State of Indiana (NFP)
49A02-1203-CR-239
Criminal. Affirms conviction of Class D felony theft.
Lawrence A. Smith v. Dennis A. Williams and Giddings, Whitsitt & Williams, P.C. (NFP)
06A01-1201-CT-20
Civil tort. Affirms order granting summary judgment in favor of Williams and the law firm on Smith’s legal malpractice action.
Jwaun Poindexter v. State of Indiana (NFP)
49A02-1203-CR-213
Criminal. Affirms murder conviction, reverses conviction of Class A felony attempted robbery and remands with instructions to enter judgment of conviction for attempted robbery as a Class C felony and sentence Poindexter accordingly.
Opinions Oct. 12, 2012
Indiana Court of Appeals
Jeffrey Riggs and Mark Ashmann v. Mark S. Weinberger, M.D., Mark Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC, and Nose and Sinus Center, LLC
45A03-1109-CT-394
Civil tort. Reaffirms original opinion in all respects, and finds that a trial court when confronted with the facts and circumstances like those in this case, may compel an involuntary psychiatric examination in accordance with Ind. Trial Rule 35. There is no requirement that the court must do so.