COA: Department of Labor should review claim
The Indiana Court of Appeals found that a woman’s lawsuit for unpaid wages should have first been brought before the Indiana Department of Labor before she filed her action.
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Rally to bring attention to CASAs
The Indiana Child Advocates Network and the State Office of GAL/CASA of the Division of State Court Administration held a rally at the Indiana Statehouse Monday morning to highlight the need for and the importance of court appointed special advocates.
Opinions March 2, 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
Tonya J. Clark v. Review Board of the Dept. of Workforce Development and PCI Holdings, LLC (NFP)
93A02-1108-EX-800
Agency appeal. Affirms denial of unemployment benefits.
Gary W. Moody v. City of Franklin (NFP)
41A04-1106-PL-294
Civil plenary. Dismisses the denial of a petition for preliminary injunction against Franklin.
1st Call Home Health LLC and Cardinal Health Systems, Inc. v. Pamela Porter and Abbott Laboratories, Inc. (NFP)
18A05-1110-PL-528
Civil plenary. Affirms denial of summary judgment in a suit against 1st Call Home Health and Cardinal Health Systems filed by Pamela Porter.
Bryan Keith Hughes v. State of Indiana (NFP)
06A04-1106-CR-385
Criminal. Affirms convictions of and sentence for Class B felony attempted rape and Class D felonies domestic battery and criminal confinement.
Derek Rucker v. State of Indiana (NFP)
49A05-1107-CR-349
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Bernard O. Tidey v. State of Indiana (NFP)
66A05-1110-CR-560
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated in a manner that endangers a person.
Dennis L. Lewis v. State of Indiana (NFP)
48A02-1108-CR-744
Criminal. Affirms sentence for Class C felony operating a motor vehicle with an ACE of 0.08 or more.
Chadd B. Langston v. State of Indiana (NFP)
18A02-1105-CR-466
Criminal. Affirms conviction of conspiracy to commit robbery as a Class C felony as well as adjudication as a habitual offender.
Opinions March 2, 2012
Indiana Court of Appeals
Brian Scott Hartman v. State of Indiana
68A01-1106-CR-264
Criminal. Affirms the denial of Hartman’s motion to suppress a statement he made to the police regarding involvement in the death of his father. Hartman initiated further communication by asking whether the search warrant had been served and whether anything had been found, and then told the detective that he wanted to speak with him.
COA finds man initiated communication with detective
The Indiana Court of Appeals has affirmed the denial of a defendant’s motion to suppress an incriminating statement to a detective because the defendant initiated the discussion and understood his Miranda rights before speaking.
Shepard to be focus of 2 public radio broadcasts
Indiana Chief Justice Randall T. Shepard will be on WFYI Public Radio’s “No Limits” program the week of March 5 as the show takes a look at his legacy.
Governor has met with Supreme Court finalists
Indiana Governor Mitch Daniels wants to move quickly on appointing the state’s next Indiana Supreme Court justice. He has already met with the three finalists who are vying for that position.
Attorney general suing Super Bowl home rental companies
Indiana Attorney General Greg Zoeller filed lawsuits Thursday against two Arizona-based home rental companies for scamming residents.
Opinions March 1, 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
Gersh Zavodnik v. Katrin Gehrt and Imperator Bulldogs Kennel, et al. (NFP)
49A02-1105-CT-393
Civil. Affirms dismissal of 24 cases, but reverses with respect to three cases filed by Zavodnik against various people and businesses.
State of Indiana v. Mershaun Scott (NFP)
36A04-1108-CR-419
Criminal. Affirms grant of Scott’s motion to suppress.
Opinions March 1, 2012
Indiana Court of Appeals
Jeremy K. Warriner v. DC Marshall Jeep a/k/a DC Marshall, Inc.
49A02-1106-CT-489
Civil tort. Affirms summary judgment for the dealership in Warriner’s suit alleging the dealership is strictly liable for the injuries he sustained in a car accident under the Indiana Products Liability Act and liable for negligent marketing of an unsafe product. Holds a manufacturer’s discharge in bankruptcy does not prevent a trial court from holding jurisdiction over that manufacturer. Judge Bailey concurs in part and concurs in result in part.
7th Circuit ponders search of cell phone
The 7th Circuit Court of Appeals, which likened modern cell phones to computers, had to decide whether police could search a man’s phone for the phone’s number without a search warrant.
Judges affirm ruling in favor of Jeep dealer
The Indiana Court of Appeals has ruled in favor of a southwestern Indiana car dealer being sued by a customer for injuries in a car accident under the Indiana Products Liability Act after Chrysler LLC filed for bankruptcy.
Attorneys needed to provide legal advice to homeless
The Neighborhood Christian Legal Clinic is looking for attorneys to volunteer during the 2012 Indy Homeless Connect event April 11 at the Indiana Convention Center in Indianapolis.
Power of attorney, Allen County magistrate bills ready for enrollment
Legislation that deals with power of attorney and that would give Allen Circuit Court a second full-time magistrate have made it through both houses of the Indiana Legislature.
Parents cannot each recover under policy’s underinsured motorist provisions
The parents of a teenager killed in a crash during a drag race cannot recover funds in their individual capacities under their automobile insurance underinsured motorist provisions, the Indiana Court of Appeals concluded.
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.
Judges affirm dismissal for lack of subject matter jurisdiction
The Indiana Court of Appeals has upheld the decision by a trial court to dismiss a company’s state law claims against a labor union, finding those claims are preempted by a decision of the National Labor Relations Board.