Judge sues to prevent local court closure
The consolidation is a byproduct of the state judiciary’s reform efforts.
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Judges rule on issues stemming from cemetery case
The Indiana Court of Appeals ruled on matters involving alleged looting of cemetery funds in two cases Monday, upholding the denial of class certification in one case and adopting a “plain legal prejudice” standard in the other case.
Opinions Sept. 26, 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
Joshua J. Hubble v. State of Indiana (NFP)
84A05-1012-CR-741
Criminal. Affirms sentence following guilty plea to causing death while operating a motor vehicle with an alcohol concentration equivalent of 0.15 or more as a Class B felony, two counts of Class D felony criminal recklessness, and Class D felony criminal mischief.
Thomas M. Slaats v. Sally E. Slaats (NFP)
87A01-1009-DR-523
Domestic relation. Affirms order modifying child support and parenting time.
Michael Reynolds v. State of Indiana (NFP)
71A04-1012-CR-799
Criminal. Affirms conviction of Class B felony manufacturing methamphetamine.
Jeremy Cuzzort v. State of Indiana (NFP)
79A05-1101-CR-51
Criminal. Affirms denial of request to pursue a belated appeal.
Derrick R. Davis v. State of Indiana (NFP)
48A05-1008-PC-571
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted transfer to one case and declined five for the week ending Sept. 23.
Opinions Sept. 26, 2011
Indiana Court of Appeals
Angela K. Farno v. Ansure Mortuaries of Indiana, LLC, et al.
41A05-1002-PL-104
Civil plenary. Affirms denial of Farno’s motion for class certification on superiority grounds regarding the alleged looting of cemetery trusts that had been funded from proceeds of purchases of pre-need burial services. The trial court did not err in finding the receiver’s action provided a superior method to recovery any of the missing trust funds.
Justices take attorney fees case
The Indiana Supreme Court has granted transfer to a case involving the award of attorney fees to an Indiana town.
COA: woman not denied right to confrontation
In a woman’s appeal of her prostitution conviction, the Indiana Court of Appeals addressed the right to confront witnesses and its interrelationship with hearsay evidence.
Supreme Court amends state rules for courts, attorneys
Multiple new rule changes will begin next year for the state’s court system, which were announced in a slew of Indiana Supreme Court orders released earlier in the week.
Opinions Sept. 23, 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
Kirk R. Bristol v. Latasha Bristol (NFP)
53A01-1101-DR-14
Domestic relation. Affirms trial court’s denial of Kirk Bristol’s motion to correct error and denies Latasha Bristol’s request for appellate attorney fees.
Harold A. Miller v. State of Indiana (NFP)
18A05-1012-CR-767
Criminal. Affirms conviction of Class C felony intimidation.
Damon A. Collins v. State of Indiana (NFP)
02A05-1012-CR-789
Criminal. Affirms trial court’s denial of Damon Collins’ pro-se motion to correct erroneous sentence.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 23, 2011
Indiana Court of Appeals
Corrine R. Finnerty, as Successor Personal Representaive of the Estate of Dora Grace Lee, deceased v. Joseph A. Colussi and the Colussi Law Office
39A01-1011-ES-622
Estate, supervised. Reverses grant of summary judgment in favor of Joseph Colussi and Colussi Law Office on legal malpractice claim, holding that genuine issues of material fact exist and preclude such judgment. Remands for proceedings consistent with opinion.
COA reverses trial court’s ruling in favor of attorney
The Indiana Court of Appeals has reversed a trial court’s grant of summary judgment in favor of an attorney who failed to monitor an estate checking account while serving as the estate’s counsel.
GAL/CASA conference registration deadline Monday
Registrations for the 15th annual GAL/CASA statewide conference must by postmarked by Sept. 26. The event is from 9 a.m. to 5 p.m. Oct. 15 at the Indianapolis Marriott East, 7202 E. 21st St., Indianapolis.
7th Circuit amends opinion
The 7th Circuit Court of Appeals has issued an order modifying its Aug. 16 opinion in Blanca Gomez and Joan Wagner-Barnett v. St. Vincent Health Inc., No. 10-2379. It changed line 4 of the last paragraph on page 21 to read “He has (perhaps mistakenly) misrepresented fundamental facts.” The original did not include “(perhaps mistakenly)” when referring to the plaintiffs’ attorney.
Opinions Sept. 22, 2011 ILD
7th Circuit had posted no opinions from Indiana courts at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Heather Zion v. State of Indiana (NFP)
48A02-1103-CR-176
Criminal. Affirms sentence following guilty plea to Class C felony robbery, Class C felony forgery, and Class D felony fraud.
In the Matter of Term. of the Parent-Child Rel. of M.G., M.G., E.G.; M.G. v. The Indiana Dept. for Child Svcs. (NFP)
49A05-1101-JT-23
Juvenile. Affirms termination of parental rights.
D.M. v. State of Indiana (NFP)
49A02-1102-JV-216
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class B felony robbery and Class A misdemeanor dangerous possession of a firearm if committed by an adult.
Donald R. Bloss v. State of Indiana (NFP)
20A03-1102-MI-60
Miscellaneous. Affirms determination that Bloss is a habitual traffic violator.
Quanardel Wells v. State of Indiana (NFP)
49A05-1012-CR-731
Criminal. Affirms denial of motion to sever the offenses for separate trials with respect to each victim.
Carol Curran v. Rhonda Curran-Wert (NFP)
30A04-1101-GU-19
Guardianship. Affirms order terminating Carol Curran’s guardianship of Rhonda Curran-Wert.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 22, 2011
Indiana Court of Appeals
An-Hung Yao and Yu-Ting Lin v. State of Indiana
35A02-1006-CR-678
Criminal. Affirms order dismissing the Class D felony counterfeiting charges against Yao and Lin and reverses the denial of their motion to dismiss counts of Class D felony theft and Class C felony corrupt business influence. The trial court lacked territorial jurisdiction because there is no evidence any conduct that is an element of the alleged offenses occurred in Indiana. Remands for the trial court to dismiss the remaining charges.
Elements of crimes did not occur in Indiana
The Indiana Court of Appeals ordered that charges be dropped against a pair living in Houston who faced counterfeiting and theft charges, finding the trial court lacked territorial jurisdiction.
Law school seeks judges for moot court competition
Indiana University Maurer School of Law is looking for people to serve as judges for the fall Sherman Minton Moot Court Competition. The first round of competition begins Oct. 3 and with the final round ending Oct. 29.
2012 jury pool master list approved
The Indiana Supreme Court has approved the 2012 master list for jury pool assembly, ordering courts to use that list instead of directly contacting the Indiana Bureau of Motor Vehicles for data.
Attorney General agrees to return Durham campaign funds
Indiana Attorney General Greg Zoeller has agreed to return $11,000 in campaign contributions from indicted financier Tim Durham.
Judges affirm division of property
Although a commissioners’ report that divided land among two owners was technically inadequate, the Indiana Court of Appeals upheld the division because one of the owners didn’t show he was prejudiced.
Opinions Sept. 21, 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 Term. of Parent-Child Rel. of T.P.: C.P. v. Indiana Dept. of Child Svcs. (NFP)
71A03-1103-JT-178
Juvenile. Affirms termination of parental rights.
James Gerald v. State of Indiana (NFP)
20A03-1101-CR-49
Criminal. Affirms conviction of Class B felony burglary and adjudication as a habitual offender.
Term. of Parent-Child Rel. of J.E.: C.E., v. Indiana Department of Child Svcs. and Child Advocates, Inc. (NFP)
49A04-1101-JT-20
Juvenile. Affirms termination of parental rights.
Barbara Noonan, Robert Noonan, and Earnest Cross v. SLF, LLC (NFP)
49A02-1104-CC-345
Civil collection. Affirms summary judgment in favor of landlord SLF and remands for determination of reasonable appellate attorney fees to be awarded to SLF.
James Bellamy v. State of Indiana (NFP)
49A02-1102-CR-68
Criminal. Affirms conviction of Class A misdemeanor battery.
Indiana Tax Court had posted no opinions at IL deadline.