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COA rules on anonymous online commenter case

In a case of first impression, the Indiana Court of Appeals has ordered the trial court apply a modified test based on a New Jersey case to determine whether The Indianapolis Star must identify an online user whose comment is part of a defamation lawsuit.

Opinions Feb. 20, 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
Curtis Cole v. Review Board of the Indiana Dept. of Workforce Development, and Owen County (NFP)
93A02-1106-EX-510
Agency appeal. Affirms denial of unemployment benefits.

Patricia Claywell v. State of Indiana (NFP)
29A02-1106-CR-572
Criminal. Affirms conviction of operating a vehicle while intoxicated in a manner that endangers a person, elevated to a Class D felony on the basis of a prior conviction.

Matthew Weitzel v. State of Indiana (NFP)
08A05-1107-CR-336
Criminal. Affirms conviction of Class D felony possession of methamphetamine.

Term. of Parent-Child Rel. of N.T.; D.T. (Father) and E.L. (Mother) v. Indiana Dept. of Child Services (NFP)
20A03-1106-JT-278
Juvenile. Affirms termination of parental rights.
 

Small Claims task force meetings begin Wednesday

The newly created task force formed by the Indiana Supreme Court to look into the practices and procedures used in Marion County Small Claims courts will hold its first of three hearings Wednesday.

Guardianship, power of attorney bills on 3rd reading

A bill that would prevent the termination of the guardianship of an incapacitated minor once the minor turns 18 and legislation that allows a copy of a power of attorney to have the same effect as the original are before the Indiana House of Representatives on third reading Monday.

Grant will bring awareness to civil rights laws

The Indiana Civil Rights Commission has received a $250,000 grant from the U.S. Department for Housing and Urban Development to increase public awareness of fair housing rights and responsibilities.

Opinions Feb. 17, 2012 ILD

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

Indiana Court of Appeals
Barry Cook v. State of Indiana (NFP)
27A05-1107-CR-402
Criminal. Reverses conviction of Class B felony possession of cocaine and remands with instructions.

Todd A. Gray, Jr. v. State of Indiana (NFP)
71A05-1106-CR-308
Criminal. Affirms conviction of Class B felony attempted robbery.

Robert Kemp v. State of Indiana (NFP)
71A03-1107-CR-338
Criminal. Affirms convictions of Class A felonies rape and criminal deviate conduct.
 

Opinions Feb. 17, 2012

7th Circuit Court of Appeals
United States of America v. Samuel T. Henzel
11-2293
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Affirms 135-month sentence imposed following guilty plea to traveling across state lines with the intent to engage in illicit sexual conduct. The District Court miscalculated the imprisonment range favorably to Henzel, and the sentence imposed is actually within the correctly calculated range.

Judge: facility not exempt from property tax

The Indiana Tax Court has upheld the decision of the Indiana Board of Tax Review that a Tipton County assisted living facility failed to raise a prima facie case that it is exempt from property tax under Indiana Code 6-1.1-10-16.

Nonsupport of dependent enhancement not based on number of children

The Indiana Supreme Court ruled Thursday that under Indiana Code 35-46-1-5(a), the enhancement of nonsupport of a dependent child to a Class C felony because of an arrearage of $15,000 or more is triggered by the dollar amount owed, regardless of how many children the parent has.

7th Circuit affirms sentence for sexual involvement with 12-year-old girl

The 7th Circuit Court of Appeals upheld the 135-month sentence given to a man who drove from Illinois to have sex with a 12-year-old Westfield girl, finding that although the District Court miscalculated the imprisonment range, the defendant was sentenced within the correct guidelines range.

Opinions Feb. 16, 2012 ILD

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

Indiana Supreme Court
Richmond State Hospital and All Other Similarly Situated State Institutions and Agencies v. Paula Brattain, et al.
49S02-1106-CV-327
Civil. Holds that the back pay recovery of the non-merit employees of the state should be limited in the same manner as the Court of Appeals has set forth for that of merit employees of the state. Remands with instructions to recalculate the non-merit employees’ back pay judgment based upon the time period beginning either 10 days before the complaint or 10 days before the filing of their grievances until the day the state eliminated its split-pay system, and summarily affirms the COA in all other respects.

Indiana Court of Appeals
Paternity of I.I.Y.; L.M.M. v. J.B.Y. (NFP)
84A01-1105-JP-236
Juvenile. Affirms conclusion that a change of custody was necessary. Reverses trial court’s child support award and remand with instructions that the trial court consider the relevant evidence when arriving at the child support award.

The Matter of the Term. of the Parent-Child Rel. of J.D. and R.G. v. Indiana Dept. of Child Services (NFP)
79A02-1108-JT-850
Juvenile. Affirms involuntary termination of parental rights.

City of Fort Wayne, Indiana v. Town of Huntertown, Indiana (NFP)
02A05-1107-MI-384
Miscellaneous. Affirms summary judgment for Huntertown. The trial court properly determined as a matter of law that Fort Wayne’s correspondence did not amount to a termination of an agreement regarding the treatment of sewage collected in Huntertown.

Roger L. Bushhorn v. State of Indiana (NFP)
40A01-1107-CR-315
Criminal. Reverses and remands with instructions to revise Bushhorn’s sentence to an aggregate term of 35 years for charges including Class A felony kidnapping. Affirms in all other respects.

Rosewood Management Company, Inc. v. Twyla Smith (NFP)
45A05-1107-CC-447
Civil collection. Affirms entry of judgment on the evidence in favor of Smith in a dispute as to whether Smith had to pay for damages to her apartment following a fire.

Jason B. Forrest v. State of Indiana (NFP)
91A05-1106-CR-324
Criminal. Affirms denial of motion to withdraw guilty plea.

Jason J. Kucenski v. State of Indiana (NFP)
20A05-1106-CR-353
Criminal. Reverses conviction of neglect of a dependent, but affirms 45-year sentence and conviction of dealing in methamphetamine. Remands for the trial court to vacate the neglect conviction and sentence for that charge.

State of Indiana v. Angela Bennett (NFP)
79A02-1110-PL-952
Civil plenary. Reverses order granting Bennett a restricted driver’s license.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Feb. 16, 2012

Indiana Supreme Court
Richmond State Hospital and All Other Similarly Situated State Institutions and Agencies v. Paula Brattain, et al.
49S02-1106-CV-327
Civil. Holds that the back pay recovery of the non-merit employees of the state should be limited in the same manner as the Court of Appeals has set forth for that of merit employees of the state. Remands with instructions to recalculate the non-merit employees’ back pay judgment based upon the time period beginning either 10 days before the complaint or 10 days before the filing of their grievances until the day the state eliminated its split-pay system, and summarily affirms the COA in all other respects.

Appellate court upholds man’s detainment

The Indiana Court of Appeals rejected a man’s argument that he could not have been detained in the hospital for mental health reasons before an application for detention was filed, which occurred after facility security guards restrained him.

Justices slash amount non-merit state employees can get in back pay

The Indiana Supreme Court has adjusted the time frame for which state non-merit employees who sued for back pay may be able to recover funds. Instead of the period going back some 20 years, the justices decided the non-merit employee’s time period should be the same as merit employees.

Judges disagree on state’s ability to appeal

The Indiana Court of Appeals issued a divided ruling Thursday on whether the state could appeal the denial of its motion to correct error after the trial court granted a defendant’s motion to suppress evidence. The majority decided the state’s appeal should be dismissed as untimely.

Justices decline Camm prosecutor case

The Indiana Supreme Court decided Tuesday it will not disturb the ruling by the Indiana Court of Appeals that Floyd County Prosecutor Keith Henderson can’t be involved in the retrial of David Camm. Camm is set to be tried for a third time for the murders of his wife and two children.