AG: More fake tax returns filed with stolen information
The Office of the Indiana Attorney General said Monday that it has already received more tax-related identity theft complaints this year than in all of 2011.
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Justice Frank Sullivan joining McKinney School of Law
Justice Frank Sullivan will leave the Indiana Supreme Court to teach business law and corporate finance at Indiana University Robert H. McKinney School of Law.
Judges affirm part of sentence, reverse enhancements on double jeopardy grounds
A woman whose dogs attacked and injured two people failed to prove that the evidence was insufficient to support her convictions. But the Court of Appeals agreed that a portion of her overall sentence should be vacated based on double jeopardy grounds.
Judges uphold original decision in Clark County surveyor’s suit
The Indiana Court of Appeals granted the former Clark County surveyor’s request for a rehearing on its decision regarding his involvement in two county projects, but found his assertions on rehearing are without merit.
Opinions March 30, 2012 ILD
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Bilsland, LLC, LPM Investments, LLC, Phillip D. Mervis, Louis Mervis, Henry Bilsland, Justin Bilsland, and Biosafe Engineering, LLC v. Bradley D. Crain and Richard J. Redpath (NFP)
32A01-1106-PL-266
Civil plenary. Affirms grant of an Indiana Trial Rule 12(B)(8) motion by Crain and Redpath to dismiss the appellants’ claim.
Delmar J. Kent v. State of Indiana (NFP)
39A01-1105-CR-234
Criminal. Affirms conviction of and sentence for two counts of Class A felony child molesting and one count of Class C felony child molesting.
In Re the Paternity of: B.H. by next friend: B.C. (Father) v. D.H. (Mother) (NFP)
49A04-1106-JP-311
Juvenile. Affirms denial of father’s requests to place B.H. in a different school district and to grant him joint physical and/or legal custody.
Andrew Abbott v. State of Indiana (NFP)
33A04-1109-CR-545
Criminal. Affirms sentence following guilty plea to Class A misdemeanor trespass.
State of Indiana, Little Calumet River Basin Development Commission v. Gary Murphy and Lake County Treasurer (NFP)
45A03-1106-PL-261
Civil plenary. Affirms jury verdict of $332,172 in damages to Murphy and the Lake County Treasurer for multiple easements placed on Murphy’s property by the development commission.
J.R.T. v. State of Indiana (NFP)
20A03-1110-JV-477
Juvenile. Affirms commitment to the Department of Correction.
Vicky L. Tisdial v. State of Indiana (NFP)
29A05-1011-CR-728
Criminal. Reverses denial of petition requesting expungement of arrest record.
Derrick L. Myers v. State of Indiana (NFP)
49A02-1106-CR-508
Criminal. Affirms revocation of probation.
Aaron Isby v. State of Indiana (NFP)
48A02-1107-CR-774
Criminal. Affirms denial of Isby’s motions to compel his original trial counsel to produce all documents relating to his 1992 trial and for copies of his preliminary hearing transcript and the transcripts of three depositions taken leading up to his 1992 trial.
Gerald McKinney v. State of Indiana (NFP)
71A04-1108-CR-450
Criminal. Affirms conviction of Class A misdemeanor animal cruelty.
Rondell Boyd v. State of Indiana (NFP)
49A02-1108-CR-725
Criminal. Affirms three convictions of Class C felony child molesting.
K.J. v. Review Board of the Indiana Dept. of Workforce Development and T.N.V.A.H. (NFP)
93A02-1106-EX-634
Agency appeal. Affirms denial of unemployment benefits.
DeCarlos J. Freeman v. State of Indiana (NFP)
20A04-1111-CR-619
Criminal. Affirms convictions of resisting law enforcement – one as a Class D felony and one as a Class A misdemeanor – following a guilty plea.
Opinions March 30, 2012
Indiana Court of Appeals
Kristine A. and Larry G. Dawson v. Fifth Third Bank
49A02-1107-PL-704
Civil plenary. Affirms order denying the Dawsons’ motion for summary judgment and granting Fifth Third Bank’s cross-motion for summary judgment on its claim for replevin. When Magish, who sold a motorcycle to the Dawsons, defaulted on his loan from Fifth Third, the bank as the secured party had the right to take possession of the motorcycle.
Trial court erred in modifying custody in favor of father
A trial court’s decision to grant a father’s motion to modify custody and prevent his ex-wife from relocating with their son was clearly erroneous, the Indiana Court of Appeals concluded in reversing the decision. The lower court ruling virtually ignored the immense benefit the mother’s new position in Tennessee would bring to her and her son.
Judges rule in favor of homeowner
A trial court did not err when it found in favor of a homeowner on his breach of contract claim against the contractor he hired to repair his clay tile roof following a storm, the Indiana Court of Appeals concluded.
Judges: Couple lacked standing to challenge road closure
The Indiana Court of Appeals ruled that a trial court properly dismissed a couple’s complaint over the closure of an access road into cemetery where their daughter is buried.
Home improvement contract enforceable
Even though a restoration company’s contract with a homeowner did not satisfy the requirements of the Home Improvement Contracts Act, that did not automatically render the contract void, the Indiana Court of Appeals ruled. The judges reversed judgment in favor of the homeowner and ordered he pay the company for the work it performed.
COA affirms judgment for bank in replevin action
The Indiana Court of Appeals has upheld summary judgment for a bank in its attempt to repossess a motorcycle, finding that while the purchasers of the motorcycle had an interest in it, their interest was not superior to the bank’s perfect security interest.
PACER fees increase Sunday
The fee for electronic public access through the Public Access to Court Electronic Records System increases to 10 cents per page April 1.
COA adopts Restatement (Third) of Torts Section 14
The Indiana Court of Appeals affirmed the trial court in concluding a new trial is warranted to determine allocation of fault in a man’s murder. At issue is the percentage of fault to allocate to a criminal defendant and his former employer.
COA rules in favor of DOC employee
The Indiana Court of Appeals has found the trial court should have granted summary judgment to a Department of Correction employee on a man’s claim that he was personally deprived a liberty interest when the DOC refused to remove his name from the sex offender registry.
Appellate judges disagree about dismissal of paternity petition
The Indiana Court of Appeals affirmed a trial court in dismissing a paternity petition, but one judge dissented, saying the ruling now leaves the child with no legally recognized father.
Opinions March 29, 2012 ILD
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Danny R. Bailey v. State of Indiana (NFP)
82A05-1108-CR-398
Criminal. Affirms sentence for Class A felony child molesting, Class C felony child molesting and Class B felony incest.
Gerald C. Vickers v. State of Indiana (NFP)
48A05-1109-PC-510
Post conviction. Affirms denial of petition for post-conviction relief.
Euranus Johnson v. State of Indiana (NFP)
49A04-1103-PC-195
Post conviction. Affirms denial of petition for post-conviction relief.
Frank R. Keeton v. Linda K. Keeton (NFP)
67A01-1108-DR-00344
Domestic relation. Affirms dissolution order where the trial court assigned a value of $1.2 million to the parties’ commercial real estate.
Angela D. Driskell, Bob R. Dehaven, and Blonnie V. Dehaven v. Old Republic National Title Insurance Co. (NFP)
82A01-1108-PL-358
Civil plenary. Dismisses appeal involving property that was the subject of a mechanic’s lien.
Paul Rogers v. State of Indiana (NFP)
49A02-1108-CR-772
Criminal. Affirms conviction of Class B felony burglary.
Kimberly A. Pieper v. State of Indiana (NFP)
89A01-1110-CR-482
Criminal. Dismisses challenge of Pieper’s habitual substance offender adjudication.
Dejuan Parker v. State of Indiana (NFP)
49A02-1106-CR-557
Criminal. Affirms conviction of Class D felony possession of marijuana.
Standard Coating Service, Inc. v. Walsh Construction Co. (NFP)
49A02-1109-CT-922
Civil tort. Affirms summary judgment on Standard’s claims for breach of contract and for damages as a third-party beneficiary to a contract between Walsh and the city of Indianapolis.
Jesse Michael Villareal, Jr. v. State of Indiana (NFP)
45A04-1107-CR-337
Criminal. Affirms convictions of Class C felony battery and Class A misdemeanor invasion of privacy and sentence for battery.
Opinions March 29, 2012
Indiana Court of Appeals
Ronyai Thompson v. State of Indiana
49A05-1106-CR-323
Criminal. Affirms conviction of Class A felony dealing in cocaine. The trial court did not abuse its discretion when it denied Thompson’s motion to dismiss the charges against him. The court did not err when it granted the state’s peremptory challenges as to the two African-American members of the venire. There was sufficient evidence from which the jury could infer Thompson intended to exercise control over the cocaine.
Judges uphold public intox conviction
The Indiana Court of Appeals affirmed a man’s public intoxication conviction, finding police had reasonable suspicion the man was intoxicated, and evidence is sufficient to support the conviction.
COA upholds drug conviction
The Indiana Court of Appeals rejected a man’s argument that his charges should be dismissed or he deserved a mistrial, finding sufficient evidence to support his dealing in cocaine conviction.
COA affirms judgment in favor of contractor in bid dispute
The Indiana Court of Appeals has found that a school corporation seeking bids for renovations did not acquire the right to enforce a construction company’s mistaken bid.