May 15, 2012 Opinions ILD
The 7th Circuit Court of Appeals posted no Indiana opinions prior to IL deadlines.
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions prior to IL deadline.
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Bankruptcy court issues order on maximum fee for Chapter 13 cases
The United States Bankruptcy Court, Southern District of Indiana Chief Bankruptcy Judge Anthony J. Metz III signed an order Tuesday changing the maximum fee allowable under Local Rule B-2016-1(b).
Attorney general sues home loan modification companies
Indiana Attorney General Greg Zoeller has filed five lawsuits against companies around the country he claims have scammed Hoosiers trying to keep their homes. Since 2006, the AG’s office has filed 110 suits against foreclosure consultant companies.
Dickson selected as chief justice
Acting Indiana Chief Justice Brent Dickson has been selected by the Indiana Judicial Nominating Commission to be chief justice.
Opinions May 14, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Rel. of F.R. and Z.R.; and P.R. v. The Indiana Dept. of Child Services and Child Advocates, Inc. (NFP)
49A02-1110-JT-1007
Juvenile. Affirms involuntary termination of parental rights.
In Re the Marriage of R.B. and K.S. (NFP)
32A01-1109-DR-394
Domestic relation. Affirms in part and reverses in part the order denying mother R.B.’s petition for child support arrearage and for educational custody of child. Remands for further proceedings.
Vinod C. Gupta v. City of Terre Haute, Department of Redevelopment (NFP)
84A04-1110-MI-520
Miscellaneous. Reverses judgment in favor of the city of Terre Haute Department of Redevelopment regarding a record of nonpayment against Gupta.
A.F. v. J.F. (NFP)
29A02-1101-DR-59
Domestic relation. Affirms denial of motion to correct error, which challenged a child support order and property division in a marriage dissolution.
Opinions May 14, 2012
Indiana Court of Appeals
Dana L. Lewis, Jr. v. State of Indiana
40A01-1106-CR-276
Criminal. Reverses denial of Lewis’ motion to suppress statements he made during a police interview regarding an alleged sex crime. Lewis’ question, “Can I get a lawyer?” constituted an unequivocal invocation of his Fifth Amendment right to counsel.
Justices accept case that divided COA on state’s abilty to appeal
The Indiana Supreme Court has taken a case in which the state appealed the grant of a motion to correct error. A split Indiana Court of Appeals concluded that the state could only appeal a denial of a motion to correct error.
Court rules man invoked right to counsel
The Indiana Court of Appeals found a man’s question, “Can I get a lawyer?” during police questioning unambiguously and unequivocally invoked his Fifth Amendment right to counsel, so the trial court erred in denying the man’s motion to suppress statements he made to police.
Indiana joins price-fixing suit against Apple
Indiana has joined a multistate lawsuit against Apple Inc. and two publishing companies for price-fixing the cost of electronic books.
Supreme Court declines attempted feticide case
The Indiana Supreme Court decided Friday that it would not take the case of a Marion County woman appealing her charges of murder and attempted feticide after ingesting rat poison in an attempt to kill herself and her unborn child.
Court reform grant applications now available
The Indiana Supreme Court Division of State Court Administration is encouraging judges to apply for the 2012 Court Reform grants. The money can be used to improve local court systems.
Opinions May 11, 2012 ILD
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Cortez Martin v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/may/05111201ebb.pdf
49A02-1110-CR-896
Criminal. Affirms conviction of battery on a law enforcement officer as a Class A misdemeanor.
Opinions May 11, 2012
7th Circuit Court of Appeals
BMD Contractors Inc. v. Fidelity and Deposit Company of Maryland
11-1345
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms summary judgment for Fidelity and Deposit Company of Maryland. The Industrial Power/BMD Contractors subcontract expressly provides that Industrial Power’s receipt of payment is a condition precedent to its obligation to pay BMD. Because Industrial Power was never obligated to pay BMD in the first place, BMD may not recover against Fidelity on the payment bond. Also holds that pay-if-paid clauses are not void under Indiana public policy.
Surety not obligated to pay bond to subcontractor
A company that was subcontracted by another subcontractor for work on a plant construction project won’t be paid from a payment bond the subcontractor obtained because of a pay-if-paid clause in subcontractors’ contract.
Fund supports diversity in profession
A celebration of former Indiana Chief Justice Randall Shepard on Thursday set the stage for the launch of a fund in his name that will continue his legacy of promoting diversity.
14 apply for Court of Appeals vacancy
Four trial judges and 10 attorneys have indicated they would like to be the next Indiana Court of Appeals judge.
Opinions May 10, 2012 ILD
7th Circuit Court of Appeals posted no opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Larry R. Busche, II v. State of Indiana (NFP)
02A03-1108-CR-418
Criminal. Affirms conviction of and sentence for Class B felony rape.
Raymond H. Mims v. State of Indiana (NFP)
49A04-1109-CR-499
Criminal. Affirms conviction of Class C felony forgery.
Sharon D. Collins v. State of Indiana (NFP)
48A05-1109-CR-490
Criminal. Affirms imposition of consecutive sentences for Collins’ four Class B felony arson convictions, but remands with instructions to resentence her because the arson sentences violate the statutory maximum for felony convictions arising out of an episode of criminal conduct.
Gary W. Ferguson v. State of Indiana (NFP)
73A05-1108-CR-434
Criminal. Affirms conviction of Class A felony dealing in a narcotic drug.
Seth T. Lipscomb v. State of Indiana (NFP)
71A03-1109-CR-443
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class D felony theft.
In Re the Estate of Nancy Jean McMillen, Donna McMillen v. Thomas Kane (NFP)
71A03-1107-ES-324
Estate, supervised. Affirms denial of Donna McMillen’s petition in which she sought to remove Kane as the personal representative of the estate and as trustee of a trust established by Nancy McMillen’s will, of which Donna McMillen was the named beneficiary.
Michael West v. State of Indiana (NFP)
49A04-1108-PC-451
Post conviction. Affirms denial of petition for post-conviction relief.
Russell W. Yerden v. State of Indiana (NFP)
49A02-1110-PC-1010
Post conviction. Affirms in part and reverses in part denial of petition for post-conviction relief. Remands for correction of Yerden’s sentence.
Opinions May 10, 2012
Indiana Court of Appeals
Allison Riggle v. State of Indiana
49A05-1109-CR-472
Criminal. Reverses conviction of Class A misdemeanor possession of marijuana. The traffic stop was invalid because Riggle did not commit a traffic violation. Remands with instructions to vacate her conviction.
Suit claims marriage statute unconstitutional
A secular group and three of its members are suing the Marion County prosecutor and clerk, claiming an Indiana statute is unconstitutional because it says that religions are the only groups with rights to have their beliefs recognized in marriage ceremonies.
State concedes traffic stop was invalid
On the appeal of a woman’s conviction of possession of marijuana, the state conceded that the traffic stop that led to the discovery of the drug was invalid. The Indiana Court of Appeals accordingly reversed the conviction.