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Opinions Oct. 17, 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
Michael Hooten v. State of Indiana (NFP)
49A04-1101-CR-11
Criminal. Affirms convictions of felony murder and Class A felony attempted murder.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted transfer to two cases and denied 29.
 

Opinions Oct. 14, 2011 ILD

7th Circuit Court of Appeals had posted no opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Nathan Allyn Richardson v. State of Indiana (NFP)
48A05-1012-CR-757
Criminal. Affirms imposition of three-year executed sentence following revocation of probation.

Amber Easton v. State of Indiana (NFP)
49A02-1103-CR-214
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Matthew Spoonemore v. State of Indiana (NFP)
18A05-1102-CR-64
Criminal. Affirms order that Spoonemore pay Indiana Ticket Company $29,700 in restitution. Remands for the trial court to determine whether it wishes to exercise its discretion and enter judgment as a Class A misdemeanor instead of a Class D felony for theft.

In the Matter of the Term. of the Parent-Child Rel. of: D.Y., and D.H. v. The Indiana Dept. of Child Svcs. and Child Advocates, Inc. (NFP)
49A04-1102-JT-107
Juvenile. Affirms termination of parental rights.

In the Matter of the Term. of the Parent-Child Rel. of H.G.; M.G. and D.G. v. Indiana Dept. of Child Svcs. (NFP)
82A04-1011-JT-730
Juvenile. Affirms termination of parental rights.

T.C. v. State of Indiana (NFP)
49A02-1102-JV-231
Juvenile. Affirms finding of delinquency.

Eugene M. Gray Trust, A-1 Vacuum, Northwest Optical, and Marion County, Indiana v. State of Indiana (NFP)
49A02-1011-PL-1329
Civil plenary. Affirms decision regarding the amount of interest due to the trust as part of an eminent domain action.

Gordon Northrup, Jr. v. State of Indiana (NFP)
79A02-1103-PC-272
Post conviction. Affirms post-conviction court’s denial of petition for post-conviction relief.

Brian Loveall v. Susan (Loveall) Kelly (NFP)
23A01-1102-DR-47
Domestic relation. Affirms grant of mother’s petition for modification of child support.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Oct. 14, 2011

Indiana Court of Appeals
Cedric Tharpe v. State of Indiana
49A04-1101-CR-24
Criminal. Affirms conviction of Class A felony attempted murder. Tharpe didn’t show the judge who presided over his case was biased or prejudiced, nor did he demonstrate his trial was unfair. The trial court didn’t abuse its discretion in denying his motion for continuance and there is sufficient evidence to support his conviction.

Judges to go to Oakland City for arguments

Indiana Court of Appeals judges Melissa May, Michael Barnes and Terry Crone will hear a convicted murderer’s appeal for post-conviction relief at Oakland City University Oct. 19.

Opinions Oct. 13, 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
LeChann Davis v. State of Indiana
49A02-1103-CR-184
Criminal. Affirms conviction of Class C felony child molesting. Any abuse of discretion to allow E.S.’s mother’s testimony that E.S. told her that Davis pinched his bottom during Davis’ bench trial was harmless. There is sufficient evidence to support the conviction.

Jeffrey D. Lacher, et al. v. Review Board of the Indiana Dept. of Workforce Development and Bemis Co., Inc.
93A02-1102-EX-163
Agency appeal. Affirms denial of employees’ claims for unemployment benefits. The evidence does not support an inference that the employees were locked out of work; it supports the conclusion that an impasse had been reached on the issue of the temporary employee clause.

William Anderson v. Alicia Jones (NFP)
29A02-1104-DR-311
Domestic relation. Affirms order apportioning educational expenses for the couple’s eldest daughter and uninsured medical expenses for the couple’s youngest child.

Stacy A. Jenkins v. State of Indiana (NFP)
63A01-1102-CR-050
Criminal. Affirms revocation of probation and order Jenkins serve the balance of his sentence in the Department of Correction.

Jamar Alston v. State of Indiana (NFP)
49A02-1103-PC-307
Post conviction. Affirms denial of petition for post-conviction relief.

In Re: The Marriage of William Scott Mitchell v. Crystal Hope Bailey (NFP)
88A01-1102-DR-72
Domestic relation. Affirms distribution of property and remands for clarification.

Associated Estates Realty Corporation v. Angela Mason (NFP)
49A02-1105-CT-426
Civil tort. Reverses denial of Associated Estates Realty Corp.’s motion for relief from a default judgment and remands for further proceedings.

D.L. v. State of Indiana (NFP)
49A02-1101-JV-109
Juvenile. Affirms adjudication as a delinquent juvenile for committing what would be burglary and theft if committed by an adult.

In Re: The Paternity of K.K.A. v. D.J.K. (NFP)
82A01-1103-JP-94
Juvenile. Reverses grant of petition for name change filed by father D.J.K. regarding child K.K.A.

Philip Walker, Sr. v. State of Indiana (NFP)
34A02-1101-CR-112
Criminal. Affirms sentence for Class C felony battery and Class D felony cocaine possession.

Metro Health Professionals Inc. v. Carmel Chrysler Jeep Dodge, Inc., d/b/a Champion Chrysler Jeep Dodge (NFP)
06A01-1105-CT-214
Civil tort. Affirms order awarding Metro Health Professionals $3,500 in attorney fees instead of the $37,737.50 that it requested.

Bruce A. White, Jr. v. State of Indiana (NFP)
20A03-1101-CR-28
Criminal. Affirms conviction of and 65-year sentence for murder.

Cindi M. Hrovat v. Thomas W. Kirchner (NFP)
84A01-1102-DR-31
Domestic relation. Affirms order denying Hrovat’s verified notice of intent to relocate.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Oct. 13, 2011

Indiana Court of Appeals
George Michael True v. State of Indiana
39A04-1102-CR-37
Criminal. Reverses conviction of Class A misdemeanor domestic battery. There was no serious evidentiary dispute about whether the battery was committed in the presence of the children. Instructing the jury that it could convict True of a Class A misdemeanor domestic battery instead of as a Class D felony improperly invited the jury to reach a “compromise” verdict. Remands for proceedings consistent with the opinion.

COA: Judge erred in giving jury instruction

A Jefferson Superior judge erred in giving a jury an instruction on a lesser included offense of domestic battery because there wasn’t a serious evidentiary dispute about whether the battery was committed in the presence of children, the Indiana Court of Appeals held Thursday.

Appellate court reverses summary judgment for insurer

The Indiana Court of Appeals reversed summary judgment in favor of a hotel’s insurance company in a negligent hiring suit, ruling there is a question as to whether the teenage hotel guest was under the “care, custody or control” of the hotel at the time the teen was molested by an employee.

Baker & Daniels, Faegre & Benson confirm merger

Tom Froehle, chief executive partner for Baker & Daniels, and Andrew Humphrey, chair of Faegre & Benson’s management committee, held a joint news conference Oct. 12 to formally announce that the two firms will merge, effective Jan. 1, 2012. The new firm – Faegre Baker Daniels – will have 770 attorneys and 45 consultants in the United States and abroad, Humphrey said.

Opinions Oct. 12, 2011 ILD

7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

In the Matter of the Involuntary Commitment of A.M.
82A01-1101-MH-29
Mental health. Affirms involuntary commitment to a mental health facility. Sufficient evidence supports that A.M. is gravely disabled.

Paul Fonner v. State of Indiana
55A05-1104-CR-175
Criminal. Affirms convictions of Class D felony theft and Class A misdemeanor criminal trespass. The trial court’s failure to properly and clearly advise Fonner of his right to testify resulted in the loss of his ability to make that waiver knowingly and intelligently. This error did not amount to a reversible error, and there is sufficient evidence to support his convictions.

Robert Glispie v. State of Indiana
49A02-1102-CR-115
Criminal. Reverses conviction of Class A misdemeanor trespass. The state failed to prove an essential element of the offense.

Darik Morell, Sr. v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for Class A felony neglect of a dependent.

Steven Howey v. State of Indiana (NFP)
34A02-1102-CR-125
Criminal. Affirms convictions of one count of Class A felony and two counts of Class B felony dealing in a schedule III controlled substance and one count of Class D felony maintaining a common nuisance.

Jerramy Martin v. State of Indiana (NFP)
49A02-1104-CR-297
Criminal. Affirms conviction of Class D felony resisting law enforcement.

Luis Gonzales v. State of Indiana (NFP)
49A04-1102-CR-73
Criminal. Affirms convictions of and sentence for 13 counts, including criminal confinement, intimidation, and sexual battery stemming from attacks of seven females. Reverses conviction of one count of Class B felony confinement and remands for further proceedings.

In the Paternity of P.B.; D.B. v. M.B. (NFP)
03A01-1012-JP-653
Juvenile. Affirms order granting father M.B. six hours of weekly unsupervised parenting time.

Julius A. Solis v. State of Indiana (NFP)
45A03-1008-CR-419
Criminal. Affirms conviction of and sentence for Class A felony voluntary manslaughter.

Charles Ford v. Indiana Dept. of Correction, et al. (NFP)
46A04-1103-CT-115
Civil tort. Affirms dismissal of tort complaint.

In the Paternity of A.G.L.; N.H. v. M.M. (NFP)
64A03-1103-JP-124
Juvenile. Affirms denial of motion to correct error challenging a child support order.

In the Matter of the Commitment of P.S.; P.S. v. Richard L. Roudebush Veterans Affairs Medical Center (NFP)
49A02-1107-MH-651
Mental health. Affirms involuntary commitment to mental health facility.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Oct. 12, 2011

Indiana Court of Appeals
Julie Nunley, n/k/a Waldrath v. Jeremy A. Nunley
68A04-1105-DR-269
Domestic relation. Affirms that Jeremy Nunley is entitled to a reduction of his child support obligation due to the decrease in his income due to his incarceration for Class D felony nonsupport of a dependent. Declines to create an exception to the rules set forth in Clark and Lambert for individuals incarcerated for the crime of nonsupport of a dependent.

Appellate court tackles child support issues

In three opinions released Wednesday, the Indiana Court of Appeals ruled on child support issues – the application of Social Security benefits to an arrearage and whether two fathers who were incarcerated for not paying child support could have their support obligations modified.

Judges rule against hospital in fee suit

Citing caselaw that goes back 120 years, the Indiana Court of Appeals reversed a Marion Superior judge’s dismissal of a complaint against a central Indiana hospital pursuant to Indiana Trial Rule 12(B)(6).

AG wants federal government added to lawsuit

Indiana Attorney General Greg Zoeller filed motions in federal court Tuesday asking that the federal government be joined as a necessary party to the state’s immigration lawsuit.

COA chief judge receives Antoinette Dakin Leach Award

Indiana Court of Appeals Chief Judge Margret Robb was given the 2011 Antoinette Dakin Leach Award Oct. 5 by the Indianapolis Bar Association’s Women and the Law Division at a recent symposium.

Baker & Daniels, Faegre & Benson confirm merger

Tom Froehle, chief executive partner for Baker & Daniels, and Andrew Humphrey, chair of Faegre & Benson’s management committee, held a joint news conference Oct. 12 to formally announce that the two firms will merge, effective Jan. 1, 2012.