Judges reverse CHINS determination
The Indiana Court of Appeals reversed the determination that a brother and sister are children in need of services, finding there was “simply no evidence” to support the finding.
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Justices find evidence supports intent to commit theft
The Indiana Supreme Court upheld a man’s burglary conviction, finding sufficient evidence to support that he broke into the church and entered it with the intent to commit theft.
Opinions June 13, 2012 ILD
Wednesday’s opinions
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Chad Stewart v. State of Indiana (NFP)
79A02-1110-CR-972
Criminal. Affirms sentence following guilty plea to two counts of Class B felony child molesting.
Auto Liquidation Center, Inc. v. McKesha Bates (NFP)
02A03-1111-SC-553
Small claim. Affirms judgment in favor of Bates on her breach of contract and criminal conversion claims. Remands for calculation of appellate attorney fees owed to Bates.
Carl D. Jackson, Jr. v. State of Indiana (NFP)
20A03-1111-CR-500
Criminal. Affirms conviction of Class D felony battery.
Anthony Michael Beck and Sandra Beck, natural parents and next friends of Jacob Leslie Beck, minor v. Scott Memorial Hospital and Larry Hunefeld, M.D. (NFP)
72A01-1107-CC-293
Civil collection. Affirms grant of a motion in limine filed by Scott Memorial Hospital.
Opinions June 13, 2012
7th Circuit Court of Appeals
United States of America v. Cristofer Tichenor
11-2433
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker
Criminal. Affirms 300-month sentence following guilty plea to armed robbery and discharging a firearm in connection with robbing a bank. Rejects Tichenor’s argument that the career offender sentencing guideline is unconstitutionally vague, finding that the guidelines are not susceptible to vagueness challenges and the U.S. Sentencing Commission did not exceed its authority by promulgating the “crime of violence” definition.
Circle City Links chapter to honor local attorneys, judge
The Circle City Chapter of The Links Inc. will honor members of the legal profession at its 16th annual Jazz Brunch and Fundraiser June 16.
Opinions June 12, 2012 ILD
Indiana Supreme Court and Indiana Tax Court had issued no opinions by IL deadline.
Indiana Court of Appeals
In the Matter of the Involuntary Term. of the Parent-Child Rel. of V.B., and R.B.; R.B. v. Indiana Dept. of Child Services (NFP)
49A05-1111-JT-654
Juvenile. Affirms termination of father’s parental rights.
Anthony Tyrone White v. State of Indiana (NFP)
18A02-1109-CR-871
Criminal. Affirms revocation of placement in home detention.
Eric D. Smith v. Steve Euler, Melvin Brooks, Marty Sexton, and Jason Jacob (NFP)
46A03-1110-CT-493
Civil tort. Affirms trial court’s denial of “veteran pro se litigant” Smith’s motion for relief from judgment. Holds the appeal was in bad faith and remands for determination of appellate attorney fees to which appellees may be entitled.
Carlton P. Wilson v. State of Indiana (NFP)
71A03-1108-CR-384
Criminal. Affirms conviction of Class A felony arson.
Jack Arthur Griffin v. State of Indiana (NFP)
30A05-1112-CR-689
Criminal. Affirms conviction of and sentence for Class B felony burglary.
Michael J. Maurer v. State of Indiana (NFP)
17A03-1112-CR-552
Criminal. Affirms trial court’s order denying Maurer’s motion to suppress.
Hassan M. Aljarah v. State of Indiana (NFP)
20A03-1111-CR-541
Criminal. Affirms conviction of attempted murder.
Donato Luna-Quintero v. State of Indiana (NFP)
49A02-1110-CR-931
Criminal. Affirms conviction of felony murder.
James O. Reichenbaugh v. State of Indiana (NFP)
02A03-1110-CR-492
Criminal. Affirms convictions of three counts of Class A felony child molesting, two counts of Class C felony child molesting, two counts of Class B felony sexual misconduct with a minor and one count of Class C felony sexual misconduct with a minor.
Opinions June 12, 2012
7th Circuit Court of Appeals
Svetlana Arizanovska v. Wal-Mart Stores, Incorporated
11-3387
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Affirms District Court’s finding of summary judgment against Arizanovska on her claims of discrimination, retaliation and other state-law claims against her employer, Wal-Mart. Holds that Wal-Mart’s suggestion that Arizanovska take an unpaid leave of absence was outlined in company policy and was not an adverse, retaliatory response to her filing a discrimination claim.
Wal-Mart did not discriminate against pregnant employee, 7th Circuit rules
The 7th Circuit Court of Appeals held that a woman failed to prove her claims of discrimination, retaliation and other complaints against her former employer.
Indiana Supreme Court takes 9 cases
The Indiana Supreme Court granted transfer to nine cases – six of them criminal – and denied transfer to 30 for the week ending June 8.
Appeals court finalists list formally sent to Daniels
The names of three finalists for a judgeship on the Indiana Court of Appeals have been sent to Indiana Gov. Mitch Daniels for his review and selection.
Opinions June 11, 2012 ILD
Indiana Supreme Court and Indiana Tax Court had issued no opinions by IL deadline.
7th Circuit Court of Appeals
IP of A West 86th Street 1, LLC, et al., v. Morgan Stanley Worldwide Capital Holdings, LLC
11-2891
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s summary judgment in favor of Morgan Stanley, holding that the company was entitled to structure the sale of a loan as it wished and that the company did not err in allowing a purchaser to use escrow funds to finance the sale.
Indiana Court of Appeals
Michael L. Criss v. State of Indiana (NFP)
84A05-1111-CR-632
Criminal. Affirms order revoking community corrections placement and committing Criss to the Indiana Department of Correction for a Class C felony battery conviction.
Ron Weathers v. Jessica Turley (NFP)
45A03-1109-CT-405
Civil tort. Reverses jury’s award of $86,250 in damages to Turley, holding that a list she provided the court showing losses contained no factual information and included items of no real monetary value. Remands for the court to award damages of $3,000.
Sucharita Ananthaneni v. Access Therapies, Inc. (NFP)
49A02-1109-PL-902
Civil plenary. Dismisses appeal of order denying motion to reconsider the refusal to set aside a default judgment entered in favor of Access Therapies, holding the appeal was not timely filed.
Steven G. Fraley v. State of Indiana (NFP)
76A03-1112-CR-565
Criminal. Affirms trial court’s order revoking probation.
Karen D. McGuinness v. Michael F. McGuinness (NFP)
49A02-1110-DR-937
Domestic relation. Reverses trial court’s decision setting aside the decree of dissolution of marriage and property settlement agreement, holding that the court erred in concluding the husband had entered into the agreement and signed other documents under duress because it failed to address the husband’s petition alleging fraud. Remands for further proceedings.
In the Matter of the Term. of the Parent-Child Rel. of: C.K. and R.K. v. Indiana Dept. of Child Services (NFP)
20A04-1110-JT-534
Juvenile. Affirms termination of father’s parental rights.
Opinions June 11, 2012
7th Circuit Court of Appeals
IP of A West 86th Street 1, LLC, et al., v. Morgan Stanley Worldwide Capital Holdings, LLC
11-2891
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s summary judgment in favor of Morgan Stanley, holding that the company was entitled to structure the sale of a loan as it wished and that the company did not err in allowing a purchaser to use escrow funds to finance the sale.
Man’s murder sentence upheld in abduction slaying
A man convicted of murder in Allen County will continue to serve a 65-year sentence after the Indiana Court of Appeals ruled that the callousness of the crime merited the consideration of numerous aggravators.
Drug dealing, possession convictions upheld again
The Indiana Court of Appeals upheld on rehearing a Clark County man’s convictions of drug dealing and possession, among other charges.
7th Circuit affirms District Court in mortgage dispute
The 7th Circuit Court of Appeals held that financier Morgan Stanley acted lawfully when selling a loan to another party.
COA: Sex offender registration statute not unconstitutional
The Indiana Court of Appeals held that a man who was convicted of violating requirements of the Indiana sex offender registry statute failed to show evidence of ex post facto law.
Attempted murder sentence upheld in Martinsville school shooting
A Martinsville teen who as an eighth-grader shot and seriously wounded a classmate will continue to serve a 35-year sentence with five years suspended for his attempted murder conviction as an adult.
Indiana attorney to compete in national cycling race
Briana Clark, an attorney with Bingham Greenebaum Doll, is one of seven women chosen to race for the Nature Valley Grand Prix amateur cycling team.
Appeals court affirms attempted rape conviction
A man who tried to sexually assault a female co-worker as she slept in her home where he was a guest lost his appeal of an attempted rape conviction Friday.
Opinions June 8, 2012 ILD
Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline.
Indiana Court of Appeals
Kent A. Easley v. State of Indiana, Shelby County Prosecutor's Office, R. Kent Apsley, J. Brad Landwerlen, Shelby Co. Probation Dept., Deanna Holder, Shelby Co. Superior Ct One Clerk, et al. (NFP)
49A02-1109-CT-975
Civil tort. Affirms trial court’s order dismissing Easley’s motion for default judgment.
William A. Wiley v. State of Indiana (NFP)
48A02-1111-CR-1072
Criminal. Affirms sentence for Class B felony robbery, Class A misdemeanor criminal conversion and Class A misdemeanor battery.
Michael Kucholick v. State of Indiana (NFP)
12A02-1109-CR-907
Criminal. Affirms convictions of Class C felony criminal recklessness and Class B misdemeanor criminal mischief but reduces sentence to advisory standard of four years, with two years suspended to probation and two years to be executed in community corrections. Judge Edward Najam concurred in part and dissented in part.
Blake Clunie v. State of Indiana (NFP)
31A01-1109-PC-458
Post conviction. Affirms trial court’s denial of motion to correct error in Clunie’s erroneous filing of his petition for post-conviction relief, which was filed under the original cause number instead of the post-conviction cause number.