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COA orders special prosecutor in Camm trial

The county prosecutor who signed and later cancelled a book deal about his involvement in the murder trial of David Camm will not be allowed to serve as prosecutor at Camm’s third trial.

Opinions Nov. 14, 2011 ILD

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
Clarence Oatts v. Ferguson-Watkins & Associates (NFP)
49A05-1009-CT-581
Civil tort. Affirms summary judgment in favor of Oatts’ former attorney on Oatts’ suit claiming the attorney didn’t provide him a copy of expenditures for work performed and hadn’t returned money paid to hire an expert.

Richard S. Samuels v. State of Indiana (NFP)
49A02-1101-PC-123
Post conviction. Affirms denial of petition for post-conviction relief.

Michelle Lynch v. State of Indiana (NFP)
49A04-1103-CR-85
Criminal. Affirms conviction of Class A misdemeanor criminal mischief.

Charles Mullen v. State of Indiana (NFP)
49A02-1012-PC-1415
Post conviction. Affirms denial of petition for post-conviction relief.

A.H. v. State of Indiana (NFP)
49A05-1104-JV-210
Juvenile. Affirms adjudications as a delinquent for what would be Class C felony burglary and Class D felony theft if committed by an adult.

James A. Smith v. State of Indiana (NFP)
40A01-1103-CR-122
Criminal. Affirms sentence following guilty plea to attempted murder and kidnapping as Class A felonies and two counts of Class C felony battery.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Nov. 14, 2011

Indiana Court of Appeals
D.E. v. State of Indiana
49A02-1103-JV-319
Juvenile. Affirms adjudication as a delinquent through D.E.’s plea agreement. D.E. didn’t demonstrate that the waivers in the plea agreement didn’t comport with Ind. Code 31-32-5-1. Placement of D.E. in a juvenile correction facility was not an abuse of discretion.

Supreme Court to hear Affordable Care Act challenges

In what’s expected to be a historic constitutional test over how much power the federal government has to require individual mandates for states, the Supreme Court of the United States will consider the constitutionality of the Affordable Care Act passed in 2010.

Judges uphold juvenile’s adjudication

The Indiana Court of Appeals affirmed the acceptance of a minor’s plea agreement that was not signed by either of his parents because the signature of the minor and his attorney on the plea agreement satisfied statutory requirements.

Code Revision Commission meets Tuesday

The Indiana Code Revision Commission will hold its second meeting Tuesday. Members will discuss proposed technical corrections and other matters.

SCOTUS takes Indianapolis sewer payment case

The Supreme Court of the United States has granted certiorari in a case that questions whether the city of Indianapolis violated the federal Constitution in how it handled refunds for residents who paid assessments on local sewer projects.

Barnes panel OKs proposed law changes

A legislative study committee has approved proposed changes to state law that it hopes the Indiana General Assembly will consider in response to a state Supreme Court decision earlier this year.

Opinions Nov. 11, 2011 ILD

The Indiana Supreme Court, Court of Appeals, and Tax Court are closed Friday in observance of Veterans Day.

Supreme Court to hold arguments in St. Joseph County

The Indiana Supreme Court will visit Indiana University South Bend and Notre Dame Law School Monday to hear arguments in two cases, including one in which a teen was sentenced to life without parole for murdering his brother.

Indiana first in region to complete child welfare improvement plan

The Indiana Department of Child Services announced Thursday it has received word from Region V of the Administration of Child and Families, an affiliate of the U.S. Department of Health and Human Services, that it has satisfactorily finalized its Program Improvement Plan.

Opinions Nov. 10, 2011 ILD

The following Indiana Tax Court opinion was posted after IL deadline Wednesday:
Maurice O. Fuller and Craig L. Fuller v. Cass County Assessor (NFP)
49T10-1011-TA-68
Tax. Affirms the final determination of the Indiana Board of Tax Review that Maurice Fuller did not establish that he was entitled to the homestead credit, the homestead standard deduction or the mortgage deduction for the 2007-pay-2008 period. Denies Fuller’s claim for fees and costs.

Thursday’s opinions
7th Circuit Court of Appeals
United States of America v. Dale Russell
10-2259
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Affirms Dale Russell’s convictions of producing sexually explicit photographs of his minor daughters, which later crossed international boundaries, and his 38-year prison sentence. Russell argued that the District Court erred in allowing one of his daughters to testify that he had touched her inappropriately one to two years before he took the photographs charged in this case; in excluding from evidence a number of photography books from his collection containing photographs of nude families and children, as well as the proffered testimony of an expert concerning the practice of nudism; and instructing the jury that evidence of a defendant’s flight from prosecution could be considered as evidence of his consciousness of guilt. Judge Gottschall concurs in a separate opinion.

Krysten A. Overly v. KeyBank National Association, et al.
10-2705
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms summary judgment for KeyBank on Overly’s suit for gender discrimination and retaliation. There are no disputed issues of genuine fact to Overly’s claims.

Gregory L. Payne v. Richard Brown, superintendent, Wabash Valley Correctional Facility
10-1869
U.S. District Court, Southern District of Indiana, Terre Haute Division, Chief Judge Richard L. Young.
Civil. Affirms 50-year sentence following guilty plea to four felony charges related to raping a teen. Concludes the state court’s decision in Payne’s case regarding the appropriateness of his sentence was contrary to clearly established federal law as determined by the Supreme Court of the United States, but Payne knew that his time in prison could be 50 years or more with consecutive sentences.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Anthony H. Dye v. State of Indiana
20A04-1011-CR-728
Criminal. Affirms 30-year sentence, which was enhanced after a finding that Dye is a habitual offender, following Dye’s guilty plea to Class B felony unlawful possession of a firearm by a serious violent felon. The trial court did not err in denying Dye’s motion to dismiss the habitual offender charge. Although the two convictions arose out of the same res gestae, it did not constitute an impermissible double enhancement. Affirms in all other respects. Judge Melissa May dissents.

Jai Cook v. Atlanta, Indiana Town Council
29A02-1105-MI-410
Miscellaneous. Reverses denial of Cook’s petition for judicial review and writ of mandamus. Concludes that Indiana Code 36-8-3-4(m) does not permit a town to terminate the employment of a town marshal in contravention of the express language of I.C. 36-5-7-3 related to the termination or suspension of town marshals specifically. Remands for further proceedings.

Tommy Britt v. State of Indiana (NFP)
13A01-1012-CR-682
Criminal. Affirms conviction of Class B felony arson.

David J. Johnson v. Kira Johnson Bower (NFP)
54A04-1102-DR-108
Domestic relation. Reverses denial of David Johnson’s motion to modify custody.

In Re the Marriage of: Leigh Sewell v. Lois Sewell (NFP)
53A05-1103-DR-272
Domestic relation. Affirms order that Leigh Sewell receive $140,000 from the TIAA-CREF retirement account of Lois Sewell and no amount of the remainder of the funds in the account.

Wayne Neal Cavanaugh v. State of Indiana (NFP)
05A05-1105-CR-236
Criminal. Affirms finding Cavanaugh violated the terms of his probation and the sentence imposed following the revocation of probation.

David Dunlap v. State of Indiana (NFP)
49A02-1104-CR-333
Criminal. Affirms sentence following guilty plea to seven counts of Class B felony robbery.

Miriam M. Rutherford v. State of Indiana (NFP)
34A05-1106-CR-293
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

Willie Myles, Jr. v. State of Indiana (NFP)
52A02-1011-CR-1315
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

Term. of Parent-Child Rel. of C.T. and J.D.; D.T. v. Indiana Dept. of Child Services (NFP)
56A03-1103-JT-111
Juvenile. Reverses involuntary termination of parental rights and remands with instructions that the trial court enter additional findings to support its judgment.

Johnny Ray Foster v. State of Indiana (NFP)
81A01-1103-CR-157
Criminal. Affirms convictions of Class B felony burglary, Class C felony burglary, Class D felony theft and Class D felony criminal gang activity, but reverses sentence and remands with instructions to correct the sentencing order.

In the Matter of the Term. of the Parent-Child Rel. of V.H.; V.H. v. The Indiana Dept. of Child Svcs. (NFP)
57A03-1103-JT-141
Juvenile. Affirms involuntary termination of parental rights.

Vassil Marinov and Venetka Marinov v. Wake Robin Estates II Homeowner's Association, Inc. (NFP)
79A02-1104-SC-299
Small claim. Affirms judgment against the Marinovs for homeowner’s association dues and attorney fees.

State of Indiana and the Metropolitan Drug Task Force v. Joseph Ferguson (NFP)
49A05-1106-MI-271
Miscellaneous. Affirms decision by the trial court to exclude the state’s witnesses and exhibits.

Dale D. Wing, Jr. v. State of Indiana (NFP)
20A04-1103-CR-164
Criminal. Reverses denial of petition for jail credit time.

In the Matter of the Term. of the Parent-Child Rel. of S.S. and D.S.; Do.S. v. Indiana Dept. of Child Svcs. (NFP)
03A05-1102-JT-101
Juvenile. Affirms involuntary termination of parental rights.

N.B. v. State of Indiana (NFP)
49A02-1101-JV-121
Juvenile. Affirms determination N.B. is a delinquent child for committing what would be Class A felony arson if committed by an adult.

Joseph Fairrow v. State of Indiana (NFP)
49A05-1012-CR-765
Criminal. Grants rehearing to clarify that a tape recording of the incident involving Fairrow was considered in rendering the appellate court’s decision.

Joseph A. Geesy v. April L. Geesy (NFP)
68A05-1106-RS-330
Reciprocal support. Reverses finding that Joseph Geesy was in contempt for failing to pay child support.

Derek J. Jones v. State of Indiana (NFP)
20A03-1103-CR-95
Criminal. Affirms convictions of various child molesting and other related charges. Vacates trial court’s 40-year sentence for Class C felony child molesting and remands for the trial court to enter a six-year sentence on that count to run consecutively to the sentences for the convictions related to the other victims, for an aggregate sentence of 69 years.

William C. Davis v. State of Indiana (NFP)
65A01-1004-PC-208
Post conviction. Affirms denial of petition for post-conviction relief and remands for specific findings as to the remaining issues as to which no specific findings were made.

Dwight A. Sanaker v. Delaware Advancement Corp. d/b/a Horizon Convention Center (NFP)
18A05-1104-CT-154
Civil tort. Reverses summary judgment for Horizon Convention Center in a negligence case. Remands for further proceedings.

Michael Henderson v. State of Indiana (NFP)
49A02-1102-CR-108
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct and reverses conviction of Class B misdemeanor public intoxication.

Craig S. Alvey v. Forest River Inc. (NFP)
20A03-1105-PL-216
Civil plenary. Affirms partial grant of summary judgment for Forest River in an employment contract dispute.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Nov. 10, 2011

7th Circuit Court of Appeals
United States of America v. Dale Russell
10-2259
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Affirms Dale Russell’s convictions of producing sexually explicit photographs of his minor daughters, which later crossed international boundaries, and his 38-year prison sentence.

Lawsuit filed against former coach, swim organizations

A victim molested by the former swim coach at an Indianapolis high school and club team is suing the former coach, the school corporation and two swimming organizations, arguing several people knew of the coach’s past inappropriate contact with minors and did nothing about it.

Judge: fundamental error rule doesn’t apply to civil cases

An Indiana Court of Appeals judge disagreed with the decision of his fellow panel members to allow a man committed to a psychiatric unit to argue the trial court committed fundamental error by not issuing an order scheduling a hearing within three days of receiving the petition for involuntary commitment.

AG says 3rd party school bus fees are unconstitutional

Indiana Attorney General Greg Zoeller issued a legal opinion Thursday in response to a request by two Indiana legislators on whether school systems can outsource bus services to another entity that charges parents.

Opinions Nov. 9, 2011 ILD

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
Timothy Southward v. State of Indiana
49A05-1103-CR-106
Criminal. Affirms conviction of and sentence for possessing material capable of causing bodily injury while incarcerated as a Class C felon. Although the trial court abused its discretion in admitting the Evidence Rule 404(b) evidence based on the intent exception, it does not rise to the level of fundamental error. Finds sufficient evidence to support the conviction and his sentence is not inappropriate.

Roy Hersley v. State of Indiana (NFP)
16A01-1105-CR-210
Criminal. Affirms convictions of and sentence for Class C felony dealing in marijuana, Class D felony theft and two adjudications as a habitual offender.

Indiana Tax Court had posted no opinions at IL deadline.