Tort Claims Act does not grant immunity for reckless conduct
The Indiana Court of Appeals held the Tort Claims Act does not grant immunity to law enforcement officers who fail to exercise reasonable care while driving.
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Webcasting allowed in 3 Lake County courtrooms
The Indiana Supreme Court has announced a new 18-month pilot project allowing trial court proceedings to be webcast in three Lake County courtrooms.
Appellate court orders new trial in child molesting case
A man who was convicted of Class C felony child molesting is entitled to a new trial, according to the Indiana Court of Appeals.
COA holds volunteer caretaker not entitled to damages
The Indiana Court of Appeals has affirmed a trial court’s finding that a man was not entitled to damages for taking care of a blighted property.
Super Bowl to affect IU law school building and parking accessibility
From 5 p.m. Friday through Jan. 29, Indiana University Robert H. McKinney School of Law will be locked. The surface lot west of the school will also be closed through the weekend.
Judge rules on summary judgment motions in IBM case
The State of Indiana may be on the hook to pay IBM $40 million in subcontractor assignment fees per the contract it had with IBM to update the state’s welfare system, a contract the state cancelled in October 2009 because it wasn’t happy with results.
IU Maurer to host federal sentencing talk
Indiana University Maurer School of Law will host 7th Circuit Court of Appeals Judge David Hamilton for a discussion on federal sentencing on Jan. 31. IU Maurer professor Ryan Scott will join Hamilton in discussing the comparative severity of federal prison sentences.
Opinions Jan. 26, 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
Associated Estates Realty Corporation v. Angela Mason (NFP)
49A02-1105-CT-426
Civil tort. Grants rehearing and affirms original decision to reverse the denial of Associated Estates Realty Corp.’s motion for relief from judgment.
Duane R. Tackett v. State of Indiana (NFP)
18A05-1101-CR-7
Criminal. Affirms convictions of and sentence for Class B felonies rape, sexual misconduct with a minor and criminal deviate conduct and Class D felony child solicitation.
Richard H. Edwards v. State of Indiana (NFP)
19A04-1101-CR-26
Criminal. Affirms revocation of probation.
Meridian S.E.T., LLC v. Auditor of Marion County, Assessor of Marion County, and City of Indianapolis/Marion County (NFP)
49A02-1106-PL-482
Civil plenary. Affirms summary judgment in favor of the auditor, assessor and city of Indianapolis.
Moustapha Barry v. State of Indiana (NFP)
49A02-1105-CR-565
Criminal. Affirms conviction of and sentence for Class B felony dealing in cocaine.
Diana Bible v. St. Vincent Hospital (NFP)
93A02-1107-EX-600
Agency appeal. Affirms decision to deny claim for workers’ compensation benefits.
James Patrick Flinn v. Courtney Sue Flinn and James Erick Flinn (NFP)
43A04-1108-PL-455
Civil plenary. Reverses grant of Courtney Flinn’s motion for summary judgment on James Patrick Flinn’s complaint for conversion. Remands for further proceedings.
Casey Jackson v. State of Indiana (NFP)
67A01-1108-CR-340
Criminal. Affirms conviction of Class A misdemeanor battery resulting in bodily injury.
Ruth Dishman, Personal Rep. of the Estate of Julie A. Etchison v. Community Hospitals of Indiana, Inc., Medcheck Anderson, Troy Abbott, M.C., and Stephen Robertson (NFP)
48A02-1105-PL-467
Civil plenary. Affirms grant of partial summary judgment in favor of the medical defendants and Stephen Robertson in conjunction with a proposed complaint for medical malpractice.
Dairius Redding v. State of Indiana (NFP)
71A03-1107-CR-294
Criminal. Affirms decision to admit results of a buccal swab DNA analysis at trial and the finding of aggravating factors at sentencing.
Angelina M. Sanders v. State of Indiana (NFP)
20A03-1106-CR-297
Criminal. Affirms conviction of Class D felony domestic battery in the presence of a child.
Stacey Sills v. State of Indiana (NFP)
90A02-1107-CR-615
Criminal. Affirms sentence following guilty plea to two counts of Class C felony child molesting and one count of Class C felony child exploitation.
Lawrence Peterson and Fredrick Edmond v. Bruce Lemmon, et al. (NFP)
48A05-1102-MI-430
Miscellaneous. Affirms order granting a motion to dismiss action for mandate.
Jonathan Paugh v. State of Indiana (NFP)
67A01-1107-CR-298
Criminal. Reverses finding that Paugh is a credit restricted felon.
Opinions Jan. 26, 2012
Indiana Court of Appeals
Jeff Reeves v. Citizens Financial Services
93A02-1107-EX-604
Agency appeal. Affirms Worker’s Compensation Board’s decision that Reeves had reached maximum medical improvement, had a permanent partial impairment of five percent and wasn’t entitled to ongoing palliative care. Reeves failed to identify what type of care he should receive and the undisputed evidence does not show that palliative care limits the extent of his impairment.
ACLU of Indiana’s First Wednesday to discuss homelessness
The American Civil Liberties Union of Indiana will tackle the issue of homelessness at its First Wednesday discussion Feb. 1.
Appellate court upholds denial of palliative care
The Indiana Court of Appeals has affirmed that a man is not entitled to ongoing palliative care because he failed to specify what treatment he believes he needs.
Opinions Jan. 25, 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
Kevin Walsh v. Chris Sweeney Construction, Inc. (NFP)
17A05-1107-PL-370
Civil plenary. Affirms order foreclosing Chris Sweeney Construction’s mechanic’s lien on Walsh’s home, awarding Sweeny Construction unjust enrichment damages for unpaid labor services and attorney fees and denying Walsh’s counterclaims. Remands for correction of scrivener’s error.
Anthony Earl Coakley v. State of Indiana (NFP)
02A03-1107-CR-358
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Michael D. Perkinson, Jr. v. Kay Char Perkinson (NFP)
36A05-1106-DR-322
Domestic relation. Reverses denial of motion to correct error that challenged the trial court order denying Perkinson Jr.’s verified petition for modification of parenting time and support. Remands for further proceedings.
Jeremiah L. Hancock v. State of Indiana (NFP)
47A01-1104-CR-201
Criminal. Affirms sentence following guilty plea to murder.
Jennifer Hutchens v. Gregory Sausaman (NFP)
43A04-1107-DR-395
Domestic relation. Affirms order granting custody of Hutchens’ daughter to Sausaman. Denies Sausaman’s request for appellate attorney fees.
Ryan N. Myers v. State of Indiana (NFP)
18A02-1104-CR-378
Criminal. Affirms denial of motion to withdraw guilty plea to Class A felony child molesting.
Kenneth W. Gibbs v. Indiana Parole Board (NFP)
52A04-1106-MI-378
Miscellaneous. Affirms denial of Gibbs’ petition for mandate requiring the Indiana Parole Board to determine his parole eligibility based on a vote of all five board members.
Ellettsville Holdings, LLC v. Garnett D. Kinser (NFP)
53A04-1103-PL-121
Civil plenary. Affirms judgment in favor of Kinser on Ellettsville Holdings’ complaint for damages based upon claims of breach of the parties’ purchase agreement and breach of warranty.
Jameson Curry v. State of Indiana (NFP)
02A03-1104-CR-175
Criminal. Affirms conviction of Class C felony child molesting, but remands for sentence modification pursuant to Appellate Rule 7(B).
James Roby v. State of Indiana (NFP)
27A05-1106-CR-302
Criminal. Affirms conviction of Class D felony possession of cocaine.
In the Matter of the Term. of the Parent-Child Rel. of K.V., and Q.M.S. v. Indiana Dept. of Child Services (NFP)
79A02-1105-JT-535
Juvenile. Affirms involuntary termination of parental rights.
Anthony P. Wamue v. State of Indiana (NFP)
02A03-1106-CR-293
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Dwayne Burnett v. Review Board of the Indiana Dept. of Workforce Development and Opportunity Enterprises, Inc. (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/january/01251207jsk.pdf
93A02-1106-EX-607
Agency appeal. Affirms finding that Burnett is disqualified from receiving unemployment insurance benefits.
Opinions Jan. 25, 2012
Indiana Court of Appeals
Timothy Long v. State of Indiana
49A02-1105-CR-381
Criminal. Affirms sentence for Class A misdemeanor operating a vehicle while intoxicated and being a habitual substance offender. Because the master commissioner presided at Long’s guilty plea hearing, and not at a criminal trial, she did not have the authority to enter a final judgment on Long’s sentence. Marion Superior Judge Linda Brown did not err by rejecting the master commissioner’s sentence and imposing her own sentence.
Judges uphold convictions for attempted trafficking with an inmate
The Indiana Court of Appeals rejected a defendant’s argument that her Class C felony conviction of attempted trafficking with an inmate violates the proportionality clause of the Indiana Constitution.
COA: Judge didn’t err in rejecting master commissioner’s sentence
The Indiana Court of Appeals found a Marion Superior judge did not err when she rejected a master commissioner’s sentence of a man who pleaded guilty to a drunk-driving charge because the master commissioner didn’t have the authority to enter a final judgment on the sentence.
Indiana Tech’s new law school will be on Ft. Wayne campus
Indiana Tech officials announced Tuesday that the school will build a 70,000-square-foot, $15 million facility on its main campus in Ft. Wayne to house its new law school.
Supreme Court takes 2 cases
The Indiana Supreme Court granted transfer to two cases last week, in which they issued decisions, and denied transfer to eight other cases.
Opinions Jan. 24, 2012 ILD
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
Jeremiah Brown v. State of Indiana (NFP)
18A04-1105-PC-309
Post conviction. Affirms denial of petition for post-conviction relief.
Cordell G. Gage v. State of Indiana (NFP)
02A03-1103-CR-110
Criminal. Affirms conviction of Class C felony burglary and determination that Gage is a habitual offender.
In the Matter of the Term. of the Parent-Child Rel. of: J.W. & C.W. and M.W. v. Indiana Dept. of Child Services (NFP)
71A05-1105-JT-278
Juvenile. Affirms involuntary termination of parental rights.
Terry York v. State of Indiana (NFP)
49A04-1105-CR-247
Criminal. Reverses York’s Class A felony attempted robbery conviction and remands with instructions to enter judgment of conviction of Class B felony attempted robbery and resentence York accordingly.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Jan. 24, 2012
Indiana Supreme Court
Antoine Hill v. State of Indiana
45S03-1105-PC-283
Post conviction. Holds that the appropriate standard for judging the performance of Post-Conviction Rule 2 counsel is the standard set forth in Baum v. State. Further holds that Post-Conviction Rule 2 counsel in this case did not violate Baum because she represented the defendant in a procedurally fair setting which resulted in a judgment of the court. Justice Sullivan concurs with separate opinion; Justice Rucker dissents.
Justices rule on Post-Conviction Rule 2
The Indiana Supreme Court was divided in two ways in a case involving Indiana Post-Conviction Rule 2: on what standard to use to judge the performance of PCR 2 counsel and whether a defendant should be allowed to appeal the denial of his petition to file a belated direct appeal.