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Opinions July 23, 2012 ILD

Indiana Court of Appeals
Michael Sims v. State of Indiana (NFP)
20A03-1203-CR-127
Criminal. Affirms denial of motion to correct erroneous sentence.

Edwin D. Calligan v. State of Indiana (NFP)
02A03-1108-CR-400
Criminal. Grants rehearing and affirms original decision to deny motion to correct erroneous sentence.

Savane Williams v. State of Indiana (NFP)
20A04-1106-CR-428
Criminal. Affirms convictions and sentence for two counts of Class A felony dealing in cocaine, but finds the trial court erred in the manner in which it imposed the habitual offender enhancement. Remands for further proceedings.

Rosalio Pedraza v. State of Indiana (NFP)
49A02-1111-PC-1076
Post conviction. Affirms denial of petition for post-conviction relief.

Robert Grubbs v. State of Indiana (NFP)
53A01-1109-PC-606
Post conviction. Affirms denial of motion for reconsideration and motion to correct error.

Indiana Tax Court posted no opinions at IL deadline.

Opinions July 23, 2012

7th Circuit Court of Appeals
Mark McCleskey, trustee, et al. v. DLF Construction Inc., an Indiana corporation
11-1826
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms finding that the construction company, as employer, had to contribute to the funds for all hours worked by members of the union, not just bargaining unit work. The collective bargaining agreements are clear that DLF is required to make contributions to the pension and health and welfare funds for each hour worked by a covered employee.

Judges affirm construction company had to pay into union funds

The 7th Circuit Court of Appeals agreed with an Indiana federal court that a construction company that entered into a working agreement with a cement masons union had to contribute to two funds for all hours worked, not just bargaining unit work.

Indianapolis attorney resigns from bar

The Indiana Supreme Court has accepted the resignation of the Indianapolis attorney who pleaded guilty earlier this year to theft from two clients.

Chief justice appoints 2 to rules committee

Indiana Chief Justice Brent E. Dickson has appointed Lake Superior Judge Calvin D. Hawkins and Muncie attorney Perry Gregory Cross to the Indiana Supreme Court Committee on Rules of Practice and Procedure.

Opinions July 20, 2012 ILD

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

Indiana Court of Appeals
Bradley D. Haub v. State of Indiana (NFP)
Criminal. Affirms sentences stemming from three different causes for Class B felony aiding burglary, two counts of Class C felony forgery, Class D felony auto theft, and Class D felony theft.

Anthony Lee Leturgez v. State of Indiana (NFP)
79A02-1112-CR-1105
Criminal. Affirms conviction of Class B misdemeanor battery.

Term. of Parent-Child Rel. of D.P. and P.S. (Minor Children); A.P. (Father) v. Indiana Dept. of Child Services (NFP)
03A01-1107-JT-309
Juvenile termination. Affirms termination of parental rights.

Term. of Parent-Child Rel. of B.B. and L.H. (Minor Children); Lo.H. (Mother) v. Indiana Dept. of Child Services (NFP)
79A02-1111-JT-1101
Juvenile termination. Affirms termination of parental rights.

Jamey Wayne Thomas v. State of Indiana (NFP)
79A02-1110-CR-1066
Criminal. Affirms sentence following guilty plea to Class C felony operating a motor vehicle while privileges were forfeited for life.
 

Opinions July 20, 2012

7th Circuit Court of Appeals
Bradley M. Shideler v. Michael J. Astrue, commissioner of Social Security
11-3284
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L.
Miller Jr.
Civil. Affirms denial of application for Social Security Disability Insurance benefits. The administrative law judge adequately evaluated Shideler’s credibility. Whatever his current condition is, the ALJ’s decision finding that he was not disabled as of March 31, 2000, is supported by substantial evidence.

Man not entitled to disability benefits

The 7th Circuit Court of Appeals was sympathetic to a man’s medical condition but affirmed the decision by an administrative law judge that he’s not disabled is supported by the evidence.

Court upholds probation revocation

All of the arguments made by a man as to why his probation shouldn’t have been revoked failed before the Indiana Court of Appeals.

Darden retirement ceremony July 25

The Indiana Court of Appeals will celebrate Judge Carr Darden’s 18 years of service at a retirement ceremony July 25. Darden is leaving the court because will turn 75 Saturday, the age of mandatory retirement. He will continue to serve as a senior judge.

Evansville senior judge dies

Judge Thomas “Tom” Lockyear, the man who was appointed to Vanderburgh Superior Court in 1985 to replace former Chief Justice Randall T. Shepard, died Wednesday.

Opinions July 19, 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
In Re the Marriage of Mary Lynn Manning and Ronald D. Manning, II; Ronald D. Manning, II v. Mary Lynn Manning (NFP)
86A04-1112-DR-669
Domestic relation. Affirms finding Ronald Manning in contempt for failing to reimburse Mary Lynn Manning for certain orthodontia expenses incurred by their child and affirms the order to produce certain tax returns.

Eric D. Smith v. D. Patton, Scott Fitch, Larry Bynum, and Correctional Medical Services, Inc. (NFP)
33A05-1109-PL-572
Civil plenary. Affirms denial of motion for relief from judgment in favor of the correctional officials and Correction Medical Services Inc.

In the Matter of the Paternity of: J.G.; R.W. v. D.G. (NFP)
49A05-1109-JP-537
Juvenile paternity. Affirms modification of father’s parenting time and order that R.W. pay a portion of father’s attorney fees.

Antwane Walker v. State of Indiana (NFP)
49A02-1112-PC-1173
Post conviction. Affirms denial of petition for post-conviction relief.
 

Opinions July 19, 2012

Indiana Court of Appeals
Bobby A. Harlan v. State of Indiana
84A01-1110-CR-474
Criminal. Affirms sentence imposed for two convictions of Class B felony child molesting and order that Harlan register as a sexually violent predator. The order requiring Harlan register as a SVP does not violate the ex post facto clause of the Indiana Constitution, the trial court did not abuse its discretion in the course of identifying aggravating and mitigating factors at sentencing, and his sentence is reasonable.

Southern District IFCD names new executive director

Criminal defense attorney Monica Foster has been chosen by the Indiana Federal Community Defenders Inc.’s board of directors as the agency’s new executive director in the Southern District of Indiana. Foster will replace Bill Marsh, who is retiring later this summer.

Judges send teen’s emotional distress case back to trial court

The Indianapolis teenager who saw his deceased mother’s remains being dragged out of their apartment on a mattress because she was extremely obese will have his claim for damages for intentional infliction of emotional distress against the coroner and city heard by the trial court.

Mother of man shot to death at Kroger files suit

The mother of an Indianapolis man fatally shot in December by a Kroger manager during what police determined was an attempted robbery is suing the supermarket chain for wrongful death.