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Opinions March 15, 2012

Indiana Supreme Court
Charlie White, et. al. v. Indiana Democratic Party, through its Chairman , Daniel J. Parker
49S00-1202-MI-73
Miscellaneous. Reverses a decision by Marion Circuit Judge Lou Rosenberg, which found that Charlie White was not eligible to take office following the November 2010 election because he had improperly registered to vote at an address where he was not living. Justice Brent Dickson concurred in result, but wrote separately to say that he agreed with the election contest being dismissed because he sees the Legislature’s attempt to impose additional eligibility qualifications on candidates as unconstitutional and not a basis to contest someone’s eligibility for office.

Judges rule on lakefront land rights case

The Indiana Court of Appeals has upheld a LaGrange Circuit judge’s decision granting summary judgment for a group of land owners caught up in a court dispute with neighbors about a portion of land situated between the plaintiffs’ homes and the shore of Big Long Lake.

Court of Appeals reverses medical malpractice ruling

Determining that a question exists about when the statute of limitations started running on a proposed medical malpractice complaint, the Indiana Court of Appeals has reversed a decision in a case involving the death of a woman at an Indianapolis hospital after receiving medication prior to heart surgery.

“The Enforcement Experience” – A Sports Law CLE April 13

Join members of the NCAA enforcement staff, Joyce Thompson and Michael Zonder, as they lead participants through an infractions investigation using a fictional but realistic case scenario. Learn what triggers an investigation, strategies used by investigators, how the staff determines what allegations should be made, and how the Committee on Infractions determines penalties. A review of infractions cases for the 2010-2011 academic year will also be presented. Julia Spoor Gard, partner at Barnes & Thornburg, will moderate.

Registration begins at 1:30 p.m.; the program runs from 2 to 5 p.m. at the Barnes & Thornburg Auditorium, 11 S. Meridian St., Indianapolis. The cost to register is $75. There are 2.8 hours of CLE or New Lawyer credit available. Online registration or a printable registration form is available at www.TheIndianaLawyer.com/events. For questions or more information, contact Karen Aruta at (317) 472-5201 or [email protected].

This Sports Law CLE event is co-sponsored by Indiana Lawyer and Valparaiso University Law School.
 

Supreme Court rules Charlie White was eligible to assume office

The Indiana Supreme Court has held that Charlie White was eligible to assume the office of secretary of state after being elected to that post in the 2010 general election. The justices point out the average voter was aware of concerns surrounding White’s voter registration history and they will not, on the basis of the petition before them, “judicially disenfranchise voters who went to the polls.”

Opinions March 14, 2012 ILD

7th Circuit Court of Appeals had posted no opinions at IL deadline.

Indiana Court of Appeals
Karl A. Kaler v. State of Indiana (NFP)
57A04-1108-CR-432
Criminal. Affirms sentence for Class D felony theft and adjudication as a habitual offender.

David Marzini v. State of Indiana (NFP)
20A03-1102-PC-64
Post conviction. Affirms denial of petition for post-conviction relief.

Shavaughn Wilson v. State of Indiana (NFP)
49A02-1109-PC-795
Post conviction. Affirms sentence for Class A felony dealing in cocaine, Class C felony possession of cocaine, Class A misdemeanor possession of marijuana, and adjudication as a habitual offender.

Chris Davis v. State of Indiana (NFP)
49A02-1107-CR-619
Criminal. Affirms convictions of Class D felony escape and Class C misdemeanors refusal to identify and operating a vehicle having never received a license.

Jessica E. Mantooth v. State of Indiana (NFP)
24A01-1108-CR-382
Criminal. Affirms convictions of Class A felony possession of methamphetamine with intent to deal, Class D felony neglect of a dependent, and Class A misdemeanors possession of paraphernalia and driving while suspended.

Timothy Colby & Holly Colby v. T.H. Construction, Inc. (NFP)
45A03-1110-PL-472
Civil plenary. Affirms order and entries of judgment entered against the Colbys on their complaint for breach of contract and deception filed against T. H. Construction Inc.

Patty Garcia v. State of Indiana (NFP)
49A02-1108-CR-831
Criminal. Affirms conviction of failure to ensure school attendance as a Class B misdemeanor.

Jacob Lockridge v. State of Indiana (NFP)
48A02-1104-CR-383
Criminal. Affirms conviction of two counts of Class B felony child molesting and sentence imposed.

Christopher L. Overla v. State of Indiana (NFP)
02A05-1108-CR-474
Criminal. Affirms sentence following guilty plea to Class D felony invasion of privacy.

Scott C. Haisley v. State of Indiana (NFP)
18A02-1106-CR-568
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.

William James Hall v. State of Indiana (NFP)
82A04-1107-CR-330
Criminal. Affirms convictions of Class B felony attempted rape and Class D felonies residential entry and criminal confinement.

Tamara Sue Forrester v. State of Indiana (NFP)
48A04-1108-CR-453
Criminal. Affirms revocation of probation.

John McMahan v. State of Indiana (NFP)
20A03-1109-CR-409
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Paul Michael Kage v. State of Indiana (NFP)
76A03-1108-CR-379
Criminal. Dismisses appeal that plea agreement should be set aside.

Term. of Parent-Child Rel. of M.J.; C.J. v. Indiana Dept. of Child Services (NFP)
79A05-1109-JT-502
Juvenile. Affirms termination of parental rights.

Raymond Warren v. State of Indiana (NFP)
02A03-1106-CR-325
Criminal. Affirms three convictions of child molesting as Class A felonies and one conviction of Class C felony child molesting.

Noah Thom v. State of Indiana (NFP)
48A05-1107-CR-348
Criminal. Affirms placement at the Department of Correction.

Imani Scott v. State of Indiana (NFP)
49A05-1108-CR-429
Criminal. Affirms sentence for Class B felony robbery.

In the Matter of the Involuntary Term. of the Parent-Child Rel. of L.L., and R.L. v. The Indiana Dept. of Child Services (NFP)
20A03-1107-JT-337
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

Court upholds robbery conviction

The Indiana Court of Appeals has affirmed a woman’s Class B felony robbery conviction over her objections that the jury’s guilty finding for assisting a criminal is logically inconsistent with its guilty finding for robbery as an accomplice.

Appellate court affirms ruling in retaliation lawsuit

The 7th Circuit Court of Appeals has upheld a northern Indiana judge’s decision granting summary judgment for a bank in a lawsuit filed by a former employee alleging retaliation in violation of the Age Discrimination in Employment Act of 1967.

7th Circuit reverses Southern District judge

The 7th Circuit Court of Appeals has reversed a decision by U.S. Judge Sarah Evans Barker in the Southern District of Indiana involving a former police officer’s claim that he was falsely arrested for murder following a shooting outside an Indianapolis bar.

Opinions March 13, 2012 ILD

Indiana Supreme Court and Indiana Tax Court had filed no opinions by IL deadline.

Indiana Court of Appeals
Alfred Taylor v. State of Indiana (NFP)
15A04-1109-CR-500
Criminal. Affirms court’s revocation of probation and order that Taylor serve 1,825 days of his previously suspended sentence.

Ralph Winfrey v. NLMP, Inc. and Witham Health Services (NFP)
06A01-1103-PL-132
Civil plenary. Reverses grant of summary judgment in favor of NLMP and Witham Health Services, holding that the court erred in determining Winfrey’s claims were based on speculation. Remands for further proceedings.

Matthew G. Fearnow v. State of Indiana (NFP)
20A03-1107-CR-341
Criminal. Vacates Fearnow’s conviction of Class B misdemeanor harassment and remands for new trial, holding that the trial court did not adequately advise him of the risks of proceeding pro se. Affirms trial court’s grant of the state’s second motion to amend charging information, holding the location where harassing phone messages were received did not affect Fearnow’s rights.

Matthew Jordan v. State of Indiana (NFP)
35A04-1108-CR-484
Criminal. Affirms sentence for four counts of Class C felony forgery.

Rondell Walker v. State of Indiana (NFP)
34A02-1101-CR-612
Criminal. Affirms Walker’s termination from the Howard County Drug Court program and the sentence imposed on his underlying conviction of Class B felony possession of cocaine.

Douglas R. Denmure, Personal Rep. of the Estate of Eugene D. Trester, Deceased v. Michael S. Gridley, Personal Rep. of the Estate of Alice F. Grindley, Deceased (NFP)
49A02-1109-ES-905
Estate supervised. Reverses trial court’s order approving the personal representative’s accounting, supplemental accounting, petition for order approving distribution, and closing the estate, holding Denmure has established prima facie error. Remands for further proceedings, including a consideration of Denmure’s request for additional attorney fees pursuant to the terms of the mediated settlement agreement.

Joshua Love v. State of Indiana (NFP)
49A02-1107-CR-629
Criminal. Affirms conviction of Class D felony escape and adjudication as a habitual offender.

Elwin Hart v. State of Indiana (NFP)
49A02-1107-CR-583
Criminal. Affirms convictions of murder.

Aaron Lee v. State of Indiana (NFP)
49A02-1108-CR-784
Criminal. Reverses Lee’s convictions of Class B felony criminal confinement and Class C felony intimidation, holding  the court’s instructions did not adequately instruct the jury on the presumption of innocence. Remands for new trial.

T.W. v. State of Indiana (NFP)
49A02-1108-JV-832
Juvenile. Affirms adjudication as a delinquent child for committing two counts of battery that would be Class A misdemeanors if committed by an adult.

Michael Jones v. State of Indiana (NFP)
30A01-1108-CR-378
Criminal. Affirms 18-year sentence with three years suspended for Class B felony neglect of a dependent, holding that in light of Jones’ previous conviction of neglect, the sentence was not inappropriate.
 

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