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Opinions Feb. 3, 2012 ILD

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

Indiana Court of Appeals
Elmer J. Bailey v. State of Indiana (NFP)
49A02-1106-CR-487
Criminal. Reverses conviction of Class D felony domestic battery and remands with instructions to enter judgment of conviction for Class B misdemeanor battery and for resentencing.

John D. Jenkins Revocable Living Trust, John D. Jenkins, Trustee v. Peru Utility Service Board, City of Peru and Peru Common Council (NFP)
52A02-1106-PL-540
Civil plenary. Affirms trial court finding that no taking occurred by Peru Utilities, the city of Peru and Peru Common Council and decision to not enter a declaratory judgment order as to the rights and obligations of the trust and the defendants with regard to payment of fees.

Roslyn Adkins v. State of Indiana (NFP)
49A02-1107-CR-626
Criminal. Affirms convictions of and sentence for Class C felony battery, enhanced for the use of a deadly weapon.

Jerry Williams v. State of Indiana (NFP)
33A01-1105-CR-209
Criminal. Affirms denial of motion for a new trial.
 

Opinions Feb. 3, 2012

7th Circuit Court of Appeals
Larry Davis v. Kris Ockomon, et al.
10-2589
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms finding that the position of senior humane officer for the city of Anderson was a policymaking position and therefore Davis could be dismissed for political reasons. City ordinances authorized the senior humane officer to exercise policymaking discretion.

Court agency uses Super Bowl week to test disaster plan

The Indiana Supreme Court Division of State Court Administration is taking advantage of the influx of visitors to central Indiana this week to determine if the agency can function from a remote location in case of a disaster.

7th Circuit upholds firearm conviction

The 7th Circuit Court of Appeals affirmed a man’s conviction of possessing a firearm in furtherance of a drug-trafficking crime, finding there was sufficient evidence to support the conviction.

Federal judge speaker at Black History Month celebration

U.S. Judge Tanya Walton Pratt of the Southern District of Indiana is the featured speaker and will present remarks on “Celebrating the Role of the Courts in Indiana’s Black History,” Feb. 10 at the federal courthouse in Indianapolis.

Justices uphold driver’s license suspension

The Indiana Supreme Court has affirmed the suspension of a man’s driver’s license following his conviction of possessing marijuana. While the driver’s license suspension statute generally applies only when the defendant uses the vehicle in the commission of the offense, it’s not required that the defendant must either own or be driving the vehicle when he commits the offense.

Opinions Feb. 2, 2012 ILD

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

Indiana Court of Appeals
Jeffrey Allen Rowe v. William K. Wilson (NFP)
46A04-1109-SC-476
Small claim. Reverses dismissal of Rowe’s claim for failure to pay the filing fee and remands with instructions to impose a filing fee of $0.65.

Eric C. Roach v. State of Indiana (NFP)
62A01-1108-CR-367
Criminal. Affirms sentence for Class B felony dealing in methamphetamine.

Alex R. Voils, Jr., Vicki L. Voils v. Everhome Mortgage Co. (NFP)
06A01-1101-MF-66
Mortgage foreclosure. Affirms denial of the Voilses’ request to set aside the sheriff’s sale.

Term. of Parent-Child Rel. of A.C., a minor child, and her Father, D.B.; D.B. v. Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A05-1105-JT-286
Juvenile. Affirms involuntary termination of parental rights.

 

Opinions Feb. 2, 2012

7th Circuit Court of Appeals
Emergency Services Billing Corp. Inc., individually (and as agent for) agent of Westville Volunteer Fire Department v. Allstate Insurance Co., et al.
11-2381
U.S. District Court, Northern District of Indiana, Hammond Division at Lafayette, Judge John E. DeGuilio.
Civil. Affirms dismissal of ESBC’s suit seeking individuals involved in car accidents are responsible for the clean-up costs of hazardous substances released after accidents. A motor vehicle owned for personal use is a “consumer product in consumer use” under the Comprehensive Environmental Response, Compensation and Liability Act, and thus owners/operators of personal motor vehicles are exempt from CERCLA’s response-cost provisions.

Courtrooms shift in Southern District

With construction winding down at the Birch Bayh Federal Building and United States Courthouse in Indianapolis, there are two changes regarding bankruptcy judges’ courtrooms.

Personal cars fall under federal act exemption

The billing agent for a central Indiana volunteer fire department can’t bill individuals involved in auto accidents with their personal vehicles for clean-up costs of hazardous substances, according to the 7th Circuit Court of Appeals.

7th Circuit affirms man’s remanded sentence

The 7th Circuit Court of Appeals has upheld the 210-month sentence received by a defendant on remand for attempting to coerce or entice a minor to engage in sexual activity.

Indiana becomes right-to-work state

Indiana Gov. Mitch Daniels signed legislation Wednesday making Indiana the 23rd right-to-work state. The law makes it illegal for any worker to be forced to pay union dues or fees or become a member of a labor union as a condition of employment.

Man loses challenge to denial of admission to Indiana bar

A Kansas attorney who was denied admission to join the Indiana bar can’t bring his suit against various state actors in federal court because of the Rooker-Feldman doctrine, the 7th Circuit Court of Appeals ruled Thursday.

Opinions Feb. 1, 2012 ILD

The 7th Circuit Court of Appeals, Indiana Supreme Court, and Indiana Tax Court had issued no opinions by IL deadline.

Indiana Court of Appeals
Mitchell & Stark Construction Company, Inc. v. Strand Associates, Inc., as successor In interest to Sieco, Inc. (NFP)
36A04-1103-CT-79
Civil tort. Affirms trial court’s grant of summary judgment in favor of Strand Associates.

Cleverson J.R. Punturi v. State of Indiana (NFP)
63A04-1106-CR-339
Criminal. Affirms conviction of Class D felony sexual battery, but remands with instructions to the court to revise sentence to three years, with half of that served on probation and half served on work release, finding the sentence was inappropriate because the victim suffered no physical harm.

 

New clerk appointed in Northern District

Robert N. Trgovich has been appointed clerk of the court by the judges of the U.S. District Court for the Northern District of Indiana, the court announced Tuesday.