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Opinions July 5, 2012 ILD

Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.
  
Indiana Court of Appeals
In the Matter of the Involuntary Term. of the Parent-Child Rel. of A.L.W., and K.B. v. Indiana Dept. of Child Services (NFP)
02A04-1111-JT-684
Juvenile/termination of parental rights. Affirms trial court’s termination of parental rights.
 
Mandy Little v. State of Indiana (NFP)
Criminal. Affirms trial court sentence following a plea of guilty to Class D felony operating a vehicle while intoxicated.
48A04-1110-CR-592
 
Logan Wetzel v. State of Indiana (NFP)
Criminal. Affirms bench trial conviction for Class C felony battery and Class D felony criminal confinement.
49A05-1111-CR-612

State of Indiana v. Donna Stiltz (NFP)
Criminal. Reverses modification of sentence and remands to the trial court with instructions to reinstate defendant’s sentence in accordance with a plea agreement.
66A03-1202-CR-75
 
William Joseph VanHorn v. State of Indiana (NFP)
Criminal/post-conviction relief. Affirms post-conviction court’s summary disposition.   
18A02-1109-PC-837

George Walker v. State of Indiana (NFP)
Criminal/post-conviction relief. Affirms post-conviction court’s denial of amended petition for post-conviction relief.
49A02-1104-PC-419
 
David L. Lacey v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for Class C felony operating a vehicle while intoxicated while privileges are forfeited for life.
27A02-1109-CR-846
 
S.C. v. Review Board of the Indiana Department of Workforce Development and M., Inc. (NFP)
Executive administration/unemployment. Reverses review board’s denial of unemployment compensation.
93A02-1202-EX-69
 
In the Matter of C.R. v. State of Indiana
Juvenile. Affirms adjudication of delinquency for committing what would constitute Class B felony burglary if committed by an adult.
82A04-1110-JV-595

 

Opinions July 5, 2012

7th Circuit Court of Appeals
Nipponkoa Insurance Company, Ltd. v. Atlas Van Lines Inc.
3:09-CV-168
Civil plenary/contract. Reverses the U.S. District Court for the Southern District of Indiana’s summary judgment for defendant and remands for further proceedings, finding summary judgment inappropriate pending further determination of the relationship between plaintiffs, defendant and ancillary parties involved in a shipping loss.  

Opinions July 3, 2012 ILD

7th Circuit Court of Appeals posted no Indiana opinions prior to IL deadline.

Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.

Indiana Court of Appeals
Leonard Dewitt v. Unsafe Building Department, City of Greendale, Indiana, Doug Hedrick, et al. (NFP)
15A04-1110-MI-567
Miscellaneous/inverse condemnation. Affirms trial court dismissal of action for inverse condemnation due to untimely filing of appeal of the Unsafe Building Department’s decision.

Stephen R. Harvey, Jr. v. State of Indiana (NFP)
02A04-1201-CR-43
Criminal. Affirms trial court’s application of sentencing as a habitual offender.

Antonio Martell Twiggs v. State of Indiana (NFP)
45A03-1111-CR-538
Criminal. Affirms trial court’s sentence of 10 years with eight years executed for a Class B felony conviction of burglary.

Jack D. Tiller v. Review Board of the Indiana Dept. of Workforce Development, IDWD U.I. Claims Adjudication, and the Town of Walkerton (NFP)
93A02-1110-EX-961
Executive administration/unemployment. Affirms Review Board of the Indiana Department of Workforce Development ruling that plaintiff failed to disclose or falsified facts in applying for unemployment insurance.

Paul Roell v. American Senior Communities, LLP d/b/a East Lake Nursing & Rehabilitation Center, and Harry Scribner (NFP)
20A03-1111-CT-524
Civil Tort. Affirms in a split decision the trial court’s dismissal of plaintiff’s assault claim and denial of defendant’s motion for summary judgment.

Kevin Cortez Brown v. State of Indiana (NFP)
45A03-1107-CR-320
Criminal. Affirms interlocutory appeal of trial court’s denial of motion to suppress his confession in a fatal shooting.

Darryl Shepherd v. State of Indiana (NFP)
49A05-1111-CR-600
Criminal. Affirms trial court conviction of Class B felony possession of a firearm by a serious violent felon.

Richard B. Gonon v. Wright & Lerch, David M. Wright, Stephen J. Lerch, William C. Butler, and Stephen J. Shumlas (NFP)
49A04-1111-CC-576
Civil collection. Affirms trial court’s order granting motion for transfer of venue and denies defendants’ request for appellate attorney fees.

Aaron Isby v. Lee Hoefling, David Gilstrap, James Basinger, Roger Randall Jr., Kevin Ewers, Edwin Buss, and David Sloan (NFP)
49A05-1110-MI-592
Miscellaneous. Affirms trial court ruling dismissing plaintiff’s suit on basis it failed to state a claim on which relief could be granted.

J.R. v. State of Indiana (NFP)
71A03-1203-JV-105
Juvenile. Affirms trial court ruling that placed J.R., a 17-year-old pregnant girl who was on probation, in a residential program to learn parenting skills and provide a safe environment for the child.

Kyle E. Bowers v. State of Indiana (NFP)
73A01-1110-CR-464
Criminal. Affirms trial court convictions of three counts of dealing in a schedule I or II narcotic as Class B felonies, and three counts of reckless homicide as Class C felonies, pursuant to a guilty plea.

Antwuan Brown v. State of Indiana (NFP)
49A02-1108-CR-726
Criminal. Affirms trial court convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct.

Scott D. Wampler, Jr. v. State of Indiana (NFP)
09A02-1201-CR-61
Criminal. Affirms trial court convictions and sentence for Class B felony burglary and criminal confinement.
 
Holly Fuhrman v. State of Indiana (NFP)
65A01-1108-CR-357
Criminal. Affirms trial court sentence for Class C felony forgery.

Jonathan S. Gardiner v. Review Board of the Indiana Dept. of Workforce Development, and Audio Video International Limited (NFP)
93A02-1110-EX-1052
Executive administration/unemployment. Affirms defendant’s denial of unemployment compensation benefits.
 
In the Matter of the Involuntary Commitment of A.B. (NFP)
10A01-1109-MH-483
Mental health/involuntary commitment. Affirms trial court’s continuation of involuntary commitment after a review hearing.
 
In the Matter of the Involuntary Term. of the Parent-Child Rel. of S.W.; H.L. v. The Indiana Dept. of Child Services (NFP)
15A01-1112-JT-623
Juvenile termination of parental rights. Affirms trial court’s termination of plaintiff mother’s termination of parental rights.
 
Dontay Foster v. State of Indiana (NFP)
49A02-1111-CR-1036
Criminal. Affirms trial court convictions of Class D felony criminal confinement, criminal confinement by removal and residential entry; and Class A misdemeanor battery.
 
Ronnie Smith v. State of Indiana (NFP)
15A04-1108-PC-445
Criminal/post-conviction relief. Affirms trial court denial of post-conviction relief
 

Mom’s contempt judgment affirmed in educational support dispute

The Indiana Court of Appeals on Tuesday affirmed a trial court’s finding that a mother was in contempt for violating a court order on educational support for her college-age daughter and that she pay a recalculated proportion of those costs and the father’s attorney fees.

Opinions July 3, 2012

Indiana Court of Appeals
In Re: The Matter of the Paternity of S.C.: K.C. (Appellant), and C.C. (Appellee), and B.H. (Appellee-Intervenor)
30A01-1107-JP-322
Juvenile paternity. Reaffirms original opinion affirming Hancock Circuit Court’s ruling vacating a finding of paternity for C.C. because another paternity action on behalf of B.H. was pending in Fayette Circuit. The decision grants rehearing in Hancock Circuit, finding that mother, S.C., did not inform the Hancock court of B.H’s pending paternity proceeding.

Appellate judges affirm previous decision in paternity dispute

A divided Indiana Court of Appeals on Tuesday reaffirmed its original opinion in In Re: The Matter of the Paternity of S.C.: K.C. (Appellant), and C.C. (Appellee), and B.H. (Appellee-Intervenor), 30A01-1107-JP-322, in which the appellate court affirmed the Hancock Circuit Court’s grant of B.H.’s verified petition for relief from judgment for fraud upon the court.

Trial in absentia did not violate due process

The due process rights of a man charged with two counts of Class C felony non-support of a dependent child were not violated when he was tried in absentia and without trial counsel, the Indiana Court of Appeals ruled.

Legal nullity sends zoning decision back to BZA

The Indiana Court of Appeals ruled that a matter brought by the owners of a cottage on Lake Gage in Steuben County be remanded to the Steuben County Board of Zoning Appeals because the BZA’s decision granting the homeowners a development standards variance with a void condition was a legal nullity.

Supreme Court review focuses on Shepard’s legacy

The Randall Shepard era of Indiana’s Supreme Court is over, but in his last full year on the court, the former chief justice continued a legacy of consensus building and restoring primacy to the state Constitution.

il-randallshepard04-2col.jpg

IBA Frontlines

News from around the bar from July 6, 2012.

Chinn: 19th Annual Bench Bar: On The Merits

The Indianapolis Bar Association (“IndyBar”), by counsel, respectfully submits this appeal to its members and the Indiana legal community to recognize the success of the 19th Annual IndyBar Bench-Bar Conference (“IBA Bench Bar”) and to continue to support it in the future.

IBA: Antoinette Dakin Leach Award Nominations Sought

The Antoinette Dakin Leach Award, which recognizes the accomplishments of female attorneys in central Indiana, is presented by the Indianapolis Bar Association’s Women & the Law Division in honor of Antoinette Dakin Leach, one of the first women admitted to the Indiana Bar.

IBA: Did You Know

IndyBar participates in each Naturalization Ceremony held by the U.S. District Court in Indianapolis? Volunteer to represent the bar and your country by contacting Caren Chopp at [email protected].

IBA: Online Protective Orders

In the past, victims of domestic violence might find themselves standing in line at the clerk’s office waiting to file a petition, and in the midst of all the other public business happening there, would then have to explain intimate details about the situation to get the petition completed. This changed when Indiana launched its online system to petition for protection orders.

IBA: Simplify Your Practice with Forms and Resources

The sharing of information and resources is one of the greatest benefits of an association. During the course of its more than 125 year history, the Indianapolis Bar Association has developed a number of resources to assist in the practice online, on disk, or in hard copy.