Dealership gets court to dismiss claims made by Volvo
A federal judge in Indianapolis has ruled in favor of Andy Mohr Truck Center in two lawsuits stemming from a broken business relationship between the dealer and Volvo Trucks North America.
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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 Affirms sentence imposed after Crabtree’s probation for Class C felony child molesting was revoked.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.
Court rules in favor of state in taking of property for I-69
For the second time in less than a month, the Indiana Court of Appeals has affirmed the state’s taking of property in southwestern Indiana for construction of Interstate-69.
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.
Judges order Social Security Administration to take another look at man’s claim
The 7th Circuit Court of Appeals has reversed the denial of a man’s request for disability benefits from the Social Security Administration because it found the administrative law judge didn’t adequately explain why the man hadn’t met requirements for a presumptive disability.
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.
Zoeller to speak at DCS study committee Thursday
Indiana Attorney General Greg Zoeller is scheduled to appear before the Department of Child Services Interim Study Committee meeting Thursday afternoon.
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.
Opinions Oct. 9, 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
Theothus Carter v. State of Indiana (NFP)
30A05-1203-CR-137
Criminal. Affirms trial court’s 65-year aggregate resentence on Class A felony convictions of attempted murder and attempted robbery and Class B felony convictions of burglary and being a habitual offender.
Marion Spencer v. State of Indiana (NFP)
32A01-1204-CR-137
Criminal. Affirms Class A misdemeanor conviction of criminal recklessness while using a vehicle and remands to the trial court for correction of the judgment of conviction and CCS.
Norman Trent v. State of Indiana (NFP)
54A01-1202-CR-51
Criminal. Affirms trial court denial of motion to correct erroneous sentence.
Bobbie Buckles v. State of Indiana (NFP)
17A05-1206-CR-300
Criminal. Affirms sentences for Class C felony possession of precursors and Class B felony possession of methamphetamine.
John Ray Henry v. State of Indiana (NFP)
45A03-1111-CR-533
Criminal. Affirms sentence for two counts of Class C felony child molesting.
Carl L. Johnson v. Review Board of the Indiana Department of Workforce Development and Williams Systems LLC (NFP)
93A02-1203-EX-205
Executive administration/unemployment. Affirms determination of the Department of Workforce Development that Johnson was not entitled to unemployment benefits.
Victor Smith v. State of Indiana (NFP)
49A02-1109-CR-860
Criminal. Affirms trial court convictions of robbery and attempted robbery as Class B felonies.
Opinions Oct. 9, 2012
Indiana Court of Appeals
Ralph Jennings d/b/a A Cut Above Tree Service v. Terrance Kinnard (NFP)
49A05-1203-CC-117
Collections. Reverses and remands trial court’s grant of relief to Kinnard from a default judgment of $4,189.22 for the plaintiff.
Criminal recklessness code covers firing gun into car
A car is a “place people are likely to gather,” the Indiana Court of Appeals ruled Tuesday, unanimously affirming a Class C felony criminal recklessness conviction and eight-year sentence for a man who fired a gun into car in which a former gang ally was a passenger in Goshen.
COA finds church member’s lack of brotherly love not sufficient to uphold conviction
A criminal conviction that resulted from church member’s demand for quiet during a worship service has been overturned by the Indiana Court of Appeals on the grounds that the evidence was insufficient to sustain the conviction.