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Opinions Feb. 29, 2012 ILD

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

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

Indiana Court of Appeals
Charles A. Jones v. State of Indiana (NFP)
02A04-1107-CR-376
Criminal. Affirms sentence for Class B felony attempted criminal confinement.

Mark Yoder and Barbara Yoder v. Capital One Bank, (USA), N.A. (NFP)
43A05-1103-CC-128
Civil collection. Affirms summary judgment in favor of Capital One Bank on a suit for a credit card balance.

Daniel Robert Mola v. State of Indiana (NFP)
45A03-1105-CR-206
Criminal. Affirms conviction of Class A felony voluntary manslaughter.

Thomas Pine, Individually and as Admin. for the Estate of Helen Pine, Deceased v. Stirling Clinic, Inc., Albert C. Lee, M.D., and Indiana Neurology Specialty Care (NFP)
49A02-1105-CT-382
Civil tort. Affirms summary judgment for defendants Stirling Clinic and others on a medical malpractice claim.

Anthony Taylor v. State of Indiana (NFP)
49A02-1108-PC-752
Post conviction. Reverses denial of petition for post-conviction relief and remands with instructions to grant the relief and vacate Taylor’s conviction of and sentence for unlawful use of body armor.

D.P.J. v. State of Indiana (NFP)
71A04-1109-JV-498
Juvenile. Affirms committing D.P.J. to the Indiana Department of Correction for assignment to the Boys’ School.

Calvin J. Spaulding v. State of Indiana (NFP)
20A03-1107-CR-346
Criminal. Affirms sentence for three counts of Class A felony child molesting and being a habitual offender.

Felix R. St. Pierre v. Jeannette St. Pierre (NFP)
79A02-1102-DR-137
Domestic relation. Reverses some of the findings in support of the maintenance award, either because the evidence in the record does not support them or because they do not support such an award under Indiana Code Section 31-15-7-2(3). However, the remaining findings support an award of rehabilitative maintenance and the trial court did not enter findings to support the amount of the award. Remands with instructions.

Douglas J. Smith v. Gail Lynnette Smith (NFP)
27A02-1107-DR-642
Domestic relation. Affirms in part and reverses in part the modification of father’s child support obligation. Remands with instructions to calculate his weekly support obligation as set forth in the opinion.

Edwin D. Calligan v. State of Indiana (NFP)
02A03-1108-CR-400
Criminal. Affirms denial of motion to correct erroneous sentence.

Charles Neal v. State of Indiana (NFP)
49A05-1106-CR-262
Criminal. Affirms classification as a sexually violent predator.

Logan B. Lake v. State of Indiana (NFP)
45A03-1106-CR-256
Criminal. Affirms murder conviction.

Antonio Rush v. State of Indiana (NFP)
49A02-1106-CR-537
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class A misdemeanor driving while suspended.

Adam Schafer v. State of Indiana (NFP)
55A01-1108-CR-386
Criminal. Affirms sentence for Class B felony causing death when operating a motor vehicle with a schedule I or II controlled substance in the blood.

Stacey L. Certain v. State of Indiana (NFP)
57A03-1105-CR-264
Criminal. Affirms second probation revocation.

Harley J. Wise, II v. State of Indiana (NFP)
37A03-1108-CC-347
Civil collection. Affirms grant of Discover Bank’s motion for summary judgment for a credit card balance.

Nick Bigsby v. State of Indiana (NFP)
49A02-1106-CR-528
Criminal. Affirms convictions of Class A felony rape, Class D felony strangulation, and Class A misdemeanor battery.

Term. of Parent-Child Rel. of J.C.; J.P. v. Indiana Dept. of Child Services (NFP)
82A01-1107-JT-325
Juvenile. Affirms termination of parental rights.

 

Appellate court overturns sexual battery conviction

The Indiana Court of Appeals has reversed a man’s conviction of Class D felony sexual battery because the defendant’s actions don’t qualify for sexual battery under Indiana statute. It ordered the man be convicted of Class B misdemeanor battery.

Opinions Feb. 29, 2012

Indiana Court of Appeals
Joseph A. Davis v. Herbert Simon and Bui Simon
49A04-1101-CT-5
Civil tort. Reverses denial of Davis’ motion to dismiss for lack of personal jurisdiction a complaint filed by the Simons alleging defamation and false light publicity. Davis’ act of responding to the questions of a reporter who initiated the contact with Davis regarding a California lawsuit, in which he is serving as a plaintiff’s attorney, was not done with the purpose of expressly targeting a resident of the forum state. Judge Kirsch dissents.

Judges rule in favor of California attorney in Simon case

A divided Indiana Court of Appeals has reversed the decision of a Marion Superior judge that denied a California attorney’s motion to dismiss a defamation lawsuit filed by Herbert and Bui Simon for lack of personal jurisdiction. The lawsuit stems from comments the attorney made to an Indianapolis television station regarding lawsuits involving the Simons.

Law professor tapped to tackle vacant property issues

Notre Dame Law School professor James Kelly will co-chair a task force with South Bend Mayor Pete Buttigieg that will look at ways to address the problems created by the city’s vacant and abandoned properties.

COA: agency’s claim for Medicaid reimbursement allowed

The Indiana Court of Appeals has found that a trial court erred in concluding that the Family and Social Services Administration’s preferred claim for reimbursement of Medicaid benefits against an estate was not timely filed.

Students, attorneys learn about historic Dred Scott case

A U.S. Supreme Court decision from 155 years ago that helped ignite the Civil War came to life again Tuesday in the Indiana Supreme Court and a nearby university as part of a Black History Month observation to teach students and attorneys about the importance of the Dred Scott decision on constitutional rights.

Opinions Feb. 28, 2012 ILD

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

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

Indiana Court of Appeals
Gary Hazelwood v. Melissa Hazelwood n/k/a Melissa Butler (NFP)
03A04-1109-DR-493
Domestic relation. Affirms trial court’s denial of father’s petition to establish parenting time.

Xavier Morton v. State of Indiana (NFP)
49A02-1107-CR-711
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Antwan Rush v. State of Indiana (NFP)
49A05-1106-CR-295
Criminal. Affirms conviction of two counts of Class A felony dealing in cocaine and one count of Class A misdemeanor possession of marijuana.

Rafael Del Rio v. State of Indiana (NFP)
45A05-1106-CR-285
Criminal. Affirms conviction of Class A felony voluntary manslaughter.

James E. Lonaker v. Cambridge Investment, Inc., Dolgencorp Inc., d/b/a Dollar General Stores, Dean Foods Company, d/b/a Louis Trauth Dairy, et al. (NFP)
49A02-1107-CT-659
Civil tort. Affirms trial court’s decision to renew appellee’s motions for summary judgment, holding genuine issues of material fact exist regarding whether the defendants owed a duty to Lonaker and whether they proximately caused his injuries.

Miranda Herbert v. Steven Herbert (NFP)
16A01-1109-DR-418
Domestic relation. Affirms the court’s order granting father’s request to prevent the relocation of his children.

J.F. v. State of Indiana (NFP)
49A05-1108-JV-422
Juvenile. Affirms juvenile court’s admission as evidence contraband seized from J.F.’s pocket.

Jessica Deaton v. State of Indiana (NFP)
34A05-1110-CR-536
Criminal. Affirms sentence for Class C felony neglect of a dependent.

Dwayne K. Allen v. State of Indiana (NFP)
34A02-1101-PC-52
Post conviction. Affirms post-conviction court’s denial of claim for ineffective assistance of appellate counsel based on counsel’s failure to challenge the trial court’s denial of Allen’s request for a competency evaluation and challenging the post-conviction court’s decision not to hold a new sentencing hearing.

Michael D. Thorning v. State of Indiana (NFP)
24A01-1109-CR-453
Criminal. Affirms sentence for Class D felony counterfeiting.
 

Opinions Feb. 28, 2012

Indiana Court of Appeals
Jacob Key, Ted J. Brown and Sally A. Brown v. Dewayne Hamilton
48A02-1007-CT-812
Civil tort. Affirms trial court’s grant of summary judgment in favor of Hamilton, holding that Key – by waving into traffic a driver who caused a crash with Hamilton – assumed a duty of care to a third-party motorist because the signaled driver reasonably expected that traffic was clear.

ALA to present workplace wellness seminar

The Association of Legal Administrators, Indiana Chapter, will hold a seminar March 14 about how to successfully implement workplace wellness plans.

Divided court affirms liability in ‘courtesy wave’ case

In a case of first impression, the Indiana Court of Appeals has affirmed a trial court’s grant of summary judgment in favor of a motorcyclist injured in a crash. One judge disagreed with the majority decision, stating the opinion is contrary to sound public policy.

IndyBar Bench Bar Conference 2012

It’s not often lawyers and judges mix work and a good time, but over the past 19 years the IndyBar’s Bench Bar Conference has become known as the premier event to do just that.

Chinn: Examining the IndyBar Review

The IndyBar Review is a point of pride for the IndyBar. We are the only bar in the country to sponsor a bar review course.

IBA: What’s Up at the Statehouse?

Hear an update on pending legislation and get to know Indiana legislators at the IndyBar’s sixth annual seminar, “The Importance of Lawyer-Legislators in the Indiana General Assembly,” which is hosted by the Bar’s Legislative Committee.

What’s Up at the Statehouse?

Hear an update on pending legislation and get to know Indiana legislators at the IndyBar’s sixth annual seminar, “The Importance of Lawyer-Legislators in the Indiana General Assembly,” which is hosted by the Bar’s Legislative Committee. Attorneys who are state senators and representatives will lead a lively discussion during the luncheon on Wednesday, February 29, from noon to […]