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As of Nov. 2, the Office of the Indiana Attorney General has received 100 tort claim notices related to the stage collapse at the Indiana State Fair in August. The deadline for submission of the tort claim form was Nov. 1.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Kenny D. Lee v. State of Indiana
71A03-1103-CR-118
Criminal. Reverses conviction of Class A felony possession of cocaine. The portion of the warrant allowing for the search of all vehicles is invalid because of vague language, so all evidence seized pursuant to the invalid language – in this case, Lee’s statements to police after a traffic stop – must be suppressed. The evidence also doesn’t support that Lee knew of the cocaine and had the ability to control it.
Term. of Parent-Child Rel. of A.D., A.W.D., A.M.D., and A.L.D.; M.A.P. v. Indiana Dept. of Child Services (NFP)
50A03-1103-JT-98
Juvenile. Affirms termination of parental rights.
Nexus D. Turner v. State of Indiana (NFP)
45A03-1103-CR-96
Criminal. Affirms three-year sentence for Class C felony robbery.
Robert D. Brown v. State of Indiana (NFP)
10A01-1011-CR-663
Criminal. Affirms conviction of and sentence for Class B felony attempted dealing in methamphetamine. Remands for vacation of Class D felony possession of methamphetamine conviction because it was merged without being vacated.
Michael A. Maxie v. State of Indiana (NFP)
20A03-1103-CR-117
Criminal. Affirms conviction of and sentence for battery on a pregnant woman as a Class C felony and Class A misdemeanor interference with reporting a crime.
Ivernon D. Wiseman, Jr. v. State of Indiana (NFP)
45A03-1103-CR-83
Criminal. Affirms 16-year and eight-month sentence for Class C felony criminal confinement, Class D felony residential entry and Wiseman’s habitual offender status.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
Rose Acre Farms Inc. v. Columbia Casualty Co. and National Fire Insurance Co. of Hartford
11-1599
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Sarah Evans Barker.
Civil. Affirms summary judgment for the insurers on whether they have to defend Rose Acre Farms in the antitrust complaint. The suit for which Rose Acre wants a defense makes no claim that the policy could be thought to cover.
A former associate counsel to the president of the United States will speak at a Federalist Society event Nov. 8 on war powers and the federal government.
The insurers of a large-scale egg producer in southern Indiana accused of fixing the price of eggs don’t have to defend the farm on the antitrust complaint because the farm had not raised a defense that would be covered under the policies.
A company lost on appeal its argument that it had just cause to fire an employee after seven absences from work. The Indiana Court of Appeals agreed with previous findings that the company’s attendance policy is unreasonable.
The enhancement of a man’s conviction of operating a vehicle while intoxicated because of a prior OWI conviction did not constitute an ex post facto violation, the Indiana Court of Appeals held Monday. The man argued it was a violation because his prior conviction occurred before the enactment of the enhancement statute.
The Indiana Court of Appeals relied on a decision from Colorado to rule on a case involving the sale of business personal property at a sheriff’s sale when the notice only mentioned the sale of real property.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Thomas J. Ostrowski and Phyllis Ostrowski v. Everest Healthcare Indiana, Inc., d/b/a Merrillville Dialysis Center, and Family Mobile Medical Services, Inc.
45A03-1012-CT-645
Civil tort. Affirms jury verdict in favor of defendants Everest Healthcare Indiana and Family Mobile Medical Services on Thomas Ostrowski’s suit for negligence against the building owner and the EMT’s employer after he was injured by a door opening and hitting his hand. The trial court did not err in giving the sudden emergency instruction or in permitting the defendants’ expert witness to testify. The lay witness did not improperly testify as an expert witness.
Luigi Amalfitano v. State of Indiana
48A02-1102-CR-243
Criminal. Affirms sentence following guilty plea to Class B felony criminal confinement, Class C felony battery with serious bodily injury, Class D felony exploitation of an endangered adult and Class D felonies financial exploitation of an endangered adult, theft, obtaining a prescription by fraud and possession of a controlled substance. The court didn’t abuse its discretion by finding Amalfitano’s criminal history and violation of a position of trust with the victim to be aggravators, and his sentence is not inappropriate given that he kept an elderly woman locked in a utility closet for six months so he could steal her benefits and prescription drugs.
Terry C. Winslow v. State of Indiana (NFP)
49A02-1103-CR-257
Criminal. Affirms conviction of Class A misdemeanor intimidation.
Raymond Scebbi v. State of Indiana (NFP)
77A01-1103-CR-96
Criminal. Affirms conviction of Class C felony child solicitation.
S.W. v. State of Indiana (NFP)
49A04-1104-JV-190
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class C felony attempted robbery if committed by an adult.
Patrick Black v. State of Indiana (NFP)
82A04-1103-CR-175
Criminal. Affirms convictions of and sentence for various felony drug offenses and misdemeanors resisting law enforcement, false informing and battery.
Christopher D. Taylor v. State of Indiana (NFP)
71A03-1103-CR-163
Criminal. Affirms conviction of Class C felony operating a motor vehicle after driving privileges have been forfeited for life and the revocation of probation.
M.B. and M.F. v. Indiana Dept. of Child Services (NFP)
79A02-1104-JT-300
Juvenile. Affirms termination of parental rights.
1991 Investors Limited Partnership, an Indiana Limited Partnership, Pamela T. Hennessy, Joseph J. Hennessy, et al. v. Citizens Financial Services, FSB (NFP)
71A03-1105-MF-193
Mortgage foreclosure. Affirms personal judgment entered against the defendants 1991 Investors Limited Partnership and the Hennessys and the motion to correct error in a suit for failure to pay a loan.
Zachary Krachinski v. Cindy Schoof, Century 21 – 1st Team, Inc., Lon F. Terry, and Horizon Bank, N.A. (NFP)
46A03-1009-CC-498
Civil collection. Affirms summary judgment in favor of Schoof and Century 21 in Krachinski’s complaint alleging fraud and misrepresentation of property.
Tracey L. Routon v. State of Indiana (NFP)
34A04-1104-CR-209
Criminal. Affirms sentence for Class C felony conspiracy to commit possession of methamphetamine in excess of three grams.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court denied transfer to 14 cases and vacated transfer to one case for the week ending Oct. 28.
Indiana Court of Appeals
Thomas J. Ostrowski and Phyllis Ostrowski v. Everest Healthcare Indiana, Inc., d/b/a Merrillville Dialysis Center, and Family Mobile Medical Services, Inc.
45A03-1012-CT-645
Civil tort. Affirms jury verdict in favor of defendants Everest Healthcare Indiana and Family Mobile Medical Services on Thomas Ostrowski’s suit for negligence against the building owner and the EMT’s employer after he was injured by a door opening and hitting his hand. The trial court did not err in giving the sudden emergency instruction or in permitting the defendants’ expert witness to testify. The lay witness did not improperly testify as an expert witness.
Some fees at the United States Court of Appeals will change Nov. 1, including the amount for audio recording and fee for the admission of an attorney.
Among the records for longest carpet of flowers laid and the world’s shortest cat you’ll soon find the name of a Johnson County attorney.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
R.R.F. v. L.L.F.
69A01-1102-DR-70
Domestic relation. Affirms order on remand apportioning post-secondary educational expenses for the parties’ son between father and mother. The appellate court has subject matter jurisdiction because the order on remand is an appealable final judgment and the dissolution court’s allocation of the benefits of the tax credits as a result of the son’s enrollment in college was not clearly erroneous.
M.L. v. Meridian Services, Inc.
18A02-1103-MH-233
Mental health. Affirms M.L.’s temporary commitment to a state-operated facility for a 90-day period because there is clear and convincing evidence he is dangerous. Reverses the authorization to administer medication because there is insufficient evidence to support it.
Term. of Parent-Child Rel. of E.P. (Minor child) and A.P. and J.P. (Parents); A.P. (Mother) v. Indiana Dept. of Child Services (NFP)
47A01-1101-JT-38
Juvenile. Affirms termination of mother’s parental rights.
Terry Laderson v. State of Indiana (NFP)
49A02-1103-CR-221
Criminal. Affirms sentence following guilty plea to Class A felony burglary and Class A misdemeanor carrying a handgun without a license.
Farrell Haycraft v. State of Indiana (NFP)
31A01-1009-PC-525
Post conviction. Affirms denial of petition for post-conviction relief.
James Traylor v. Beth Traylor (NFP)
29A02-1102-DR-247
Domestic relation. Affirms finding James Traylor was in contempt and the stayed $6,500 portion of the fine and the attorney fee award were proper sanctions. Reverses first $6,500 portion of the fine because it was improper. Remands for that portion to be vacated.
Weida Levee, LLC v. Doug Brooks and Regina Brooks (NFP)
79A05-1012-CT-739
Civil tort. Affirms order in favor of the Brooks in a case involving a lease of commercial space.
Blease White, Jr. v. State of Indiana (NFP)
20A03-1101-PC-16
Post conviction. Affirms denial of petition for post-conviction relief.
Buzz Taylor v. State of Indiana (NFP)
52A05-1104-PC-183
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Rick Gillespie, Dawn Gillespie and Rick's Towing and Maintenance, LLC v. Frank B. Niles and Kathryn Niles
49A05-1102-CT-70
Civil tort. Affirms denial of the Gillespies’ objection to the Nileses’ request for a pre-trial conference and refusal to dismiss the action under Indiana Trial Rule 41(E). Affirms grant of summary judgment for the Niles and denial of summary judgment for the Gillespies. The Gillespies failed to wait the required 15 days before selling Kathryn’s vehicle at auction. The trial court erred by granting summary judgment against the Gillespies individually as the judgment should be against Rick’s Towing only.
Two former college athletes who lost their scholarships because of injuries are now arguing to the 7th Circuit Court of Appeals that they would have received multi-year athletic scholarships covering the costs of their bachelor’s degrees if it wasn’t for the “anti-competitive” National Collegiate Athletic Association Division I bylaws.
The Indiana Court of Appeals affirmed summary judgment in favor of a father and daughter whose car was towed and later sold at auction, finding the towing company didn’t comply with the 15-day waiting period after placing notice in the newspaper before selling the car.
The Indiana Supreme Court has decided not to take the case of a man who was convicted of intimidation, driving drunk and possession of a firearm by a serious violent felon.
The American Bar Association’s week dedicated to celebrating pro bono work concludes Saturday. Several organizations held events around the state as part of the celebration, including a CLE in Bloomington and a webinar between the federal government and law schools, including Valparaiso University School of Law, on increasing pro bono participation among law students.
If you’d like to learn more about pro bono events in your area, visit http://www.in.gov/judiciary/probono.
The Marion County Prosecutor’s Office has reached a plea agreement in a common construction wage violation involving an Indianapolis contractor, believed to be the first prosecution of this kind in Indiana.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Martin Montgomery v. State of Indiana (NFP)
82A01-1009-CR-484
Criminal. Affirms convictions of two counts of Class B felony criminal deviate conduct.
George Hill v. State of Indiana (NFP)
31A04-1103-PC-163
Post conviction. Affirms denial of petition for post-conviction relief.
Term. of the Parent-Child Rel. of Bn.Z. and Ba.Z.; and B.Z. and V.C. v. Indiana Dept. of Child Services (NFP)
20A03-1102-JT-93
Juvenile. Affirms involuntary termination of parental rights of mother and father.
T.H. v. State of Indiana (NFP)
93A02-1011-EX-1318
Agency appeal. Affirms decision that T.H. is ineligible for unemployment insurance benefits.
Term. of the Parent-Child Rel. of Z.Z.N., and L.O.O. v. Indiana Dept. of Child Services (NFP)
02A04-1101-JT-33
Juvenile. Affirms involuntary termination of parental rights.
Abraham Alvarez v. State of Indiana (NFP)
44A03-1104-CR-169
Criminal. Affirms order Alvarez serve his sentence in the Department of Correction.
Laveda Drew v. Jim Galloway (NFP)
82A01-1106-CT-282
Civil tort. Affirms denial of Drew’s denominated “motion for relief from order” following the denial of her information for contempt.
Ernest Davis v. State of Indiana (NFP)
49A05-1102-CR-62
Criminal. Affirms convictions of and sentence for murder and Class C felony attempted robbery.
William Hinesley, III v. State of Indiana (NFP)
55A04-1102-CR-90
Criminal. Affirms conviction of Class A felony child molesting.
Leroy Arrington v. State of Indiana (NFP)
45A04-1103-CR-132
Criminal. Affirms conviction of Class A felony dealing in cocaine.
Ted Parker v. Randall J. Bonewitz and Russell Todd Dellinger (NFP)
85A02-1103-PL-293
Civil plenary. Affirms award of damages to Bonewitz and Dellinger on their nuisance action against Parker.
Indiana Tax Court had posted no opinions at IL deadline.