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.
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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.
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.