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Indiana Court of Appeals
George W. Giltner, Jr. v. Betty L. Ivers, Martin Zacharias, Jr., and Bradi L. Zacharias
10A05-1010-PL-662
Civil plenary. Affirms trial court’s confirmation of a report that partitioned 16.5 acres of a 100-acre parcel to Giltner, who owned an undivided 20 percent interest in the parcel. Giltner has not shown that he was prejudiced by the division outlined in the report.
The Indiana Supreme Court has made appointments and reappointments to the Indiana Commission for Continuing Legal Education and the Indiana Judges and Lawyers Assistance Program Committee.
The Judicial Conference of the United States advisory committees on the appellate, bankruptcy, civil, criminal, and evidence rules are seeking comment on proposed amendments to these rules.
A federal judge has found that one of the Indiana bar exam application questions violates the Americans with Disabilities Act because it infringes on potential lawyers’ privacy rights.
7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.
Indiana Supreme Court
Rod L. Avery and Marshall K. Avery v. Trina R. Avery
49S05-1102-PL-76
Civil plenary. Affirms default judgment entered against Rod and Marshall Avery. The Indiana Trial Rules apply to will contest actions, and the failure to file an answer or responsive pleading in accordance with Trial Rule 7 may result in a default judgment.
Indiana Court of Appeals
State of Indiana v. Jonathon McDonald
32A05-1102-CR-56
Criminal. Reverses dismissal of charges against McDonald. The trial court erred by dismissing the charges based on the successive prosecution statute. Remands for further proceedings.
David L. McDaniel v. State of Indiana (NFP)
45A03-1102-CR-72
Criminal. Affirms sentence for Class C felony criminal recklessness.
Darnell Kelly, Jr. v. State of Indiana (NFP)
71A04-1101-CR-67
Criminal. Affirms conviction of Class C felony burglary and finding that Kelly is a habitual offender.
Richard West v. Elizabeth West (now Smith) (NFP)
22A01-1102-DR-45
Domestic relation. Affirms denial of Richard West’s petition to modify child custody and the award of $5,000 in attorney fees to Elizabeth West.
Daniel Zunica v. Zuncor, Inc., Steven A. Coppolillo, Jared Tomich, et al. (NFP)
45A04-1009-PL-700
Civil plenary. Affirms denial of motion to correct error brought by Zunica, which challenged a jury verdict finding him liable for breach of fiduciary duty in an action brought by Zuncor Inc. and shareholders.
Jon Dalton Gates v. State of Indiana (NFP)
12A02-1102-CR-160
Criminal. Affirms convictions of and sentence for Class D felony maintaining a common nuisance.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court
Rod L. Avery and Marshall K. Avery v. Trina R. Avery
49S05-1102-PL-76
Civil plenary. Affirms default judgment entered against Rod and Marshall Avery. The Indiana Trial Rules apply to will contest actions, and the failure to file an answer or responsive pleading in accordance with Trial Rule 7 may result in a default judgment.
Emphasizing that it’s not trampling on the Fourth Amendment, the Indiana Supreme Court has revisited a ruling it made four months ago and upheld its holding that residents don’t have a common law right to resist police entering a person’s home.
The Indiana Court of Appeals had to determine how to interpret the term “induce” related to a man’s contributing to the delinquency of a minor case and upheld his conviction based on the term’s dictionary definition.
The justices of the Indiana Supreme Court have granted transfer to a case involving a Batson challenge and another involving early retirement benefits.
The Indiana Supreme Court has revisited a ruling it made four months ago in Richard Barnes v. State, affirming its initial holding that residents do not have a common law right to resist police in any situation.
When a defendant has been previously committed to a state institution because he was found incompetent to stand trial, that state institution may be considered a community mental health center for purposes of a report required under Indiana Code 12-26-7-3(b), the Indiana Court of Appeals held Monday.
The Indiana Court of Appeals has reversed in part a man’s petition for post-conviction relief challenging the finding that he is ineligible to petition for a change of status regarding being a sexually violent predator. The 2007 version of the applicable statute is an unconstitutional ex post facto law as applied to him.
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
John M. Brewer and Susan B. Brewer v. Indiana Alcohol and Tobacco Commission
49A02-1011-CT-1276
Civil tort. Affirms jury verdict ruling against the Brewers on their action for false arrest and excessive force allegedly used against John Brewer during a routine inspection of their bar by the Indiana Alcohol and Tobacco Commission. Brewer wasn’t prejudiced by the exclusion of his purported expert’s testimony. The excise police had probable cause to arrest Brewer and the trial court acted within its discretion in giving Final Instruction No. 15 to the jury.
Judy Fratter, et al. v. Stanley Rice, Larry Ratts, M.D.
53A04-1101-CT-10
Civil tort. Affirms jury verdict in favor of Rice and Dr. Ratts in a medical malpractice and negligence complaint. Judy Fratter is not entitled to a new trial. The trial court properly read the relatively new Indiana Model Civil Jury Instruction that defines “responsible cause” to the jury, rather than the Indiana Pattern Jury Instruction regarding proximate cause.
Bruce Stansberry v. State of Indiana
49A04-1102-CR-75
Criminal. Reverses conviction of Class A misdemeanor attempted resisting law enforcement and remands with instructions. Stansberry’s conviction lacked a finding of proof on the element of resistance, obstruction, or interference. Because the decision to revoke his probation and placement in community corrections was predicated upon this conviction, this ruling must also be reversed.
Vaughn Reeves, Sr. v. State of Indiana
77A01-1012-CR-646
Criminal. Affirms convictions and sentences for nine counts of Class C felony aiding, inducing, or causing securities fraud. Concludes that for all nine counts for which Reeves was convicted, evidence of transactions prior to June 30, 2004, was admissible under the common scheme or plan exception to Rule 404(b).
DMS Real Estate, LLC v. Board of Zoning Appeals of the City of Terre Haute, Indiana (NFP)
84A04-1009-PL-617
Civil plenary. Affirms summary judgment for the Terre Haute BZA on DMS Real Estate’s petition for writ of certiorari and the denial by the BZA of DMS Real Estate’s special use approval petition.
Dwayne E. Gray v. Safeguard Real Estate Properties (NFP)
49A02-1102-PL-185
Civil plenary. Affirms summary judgment for Safeguard Real Estate Properties in Gray’s suit alleging damages to his property by a third party after Safeguard hired them to winterize the vacant property.
J.M. v. Review Board of the Indiana Department of Workforce Development and T.C. (NFP)
93A02-1102-EX-146
Agency appeal. Reverses Review Board’s reversal of the grant of benefits to J.M.
Macklin Brown v. State of Indiana (NFP)
49A02-1103-PC-331
Post conviction. Affirms denial of petition for post-conviction relief.
Marcus D. Brown v. State of Indiana (NFP)
48A04-1103-CR-93
Criminal. Affirms revocation of probation.
Hunter O. Learning v. State of Indiana (NFP)
54A04-1102-CR-74
Criminal. Affirms revocation of probation.
Evan J. Erickson v. State of Indiana (NFP)
89A05-1104-CR-212
Criminal. Affirms sentence following guilty plea to Class C felony operating a vehicle while intoxicated, enhanced by Erickson’s admission that he is a habitual substance offender.
Jeffrey Dean Washington v. State of Indiana (NFP)
65A05-1101-PC-65
Post conviction. Affirms denial of petition for post-conviction relief.
Vernon D. Scott v. David Merchant (NFP)
10A01-1012-CT-639
Civil tort. Affirms summary judgment in favor of police officer Merchant in Scott’s suit alleging negligence following a car accident.
Kyle J. Bonebright v. Lori A. Bonebright (NFP)
86A03-1104-DR-153
Domestic relation. Affirms interpretation of settlement agreement as transferring to Lori Bonebright the entirety of Kyle Bonebright’s deferred compensation account as of Nov. 4, 2011.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
John Haegert v. Margaret McMullan
82A04-1008-CT-470
Civil tort. Affirms summary judgment for Margaret McMullan in John Haegert’s action alleging defamation, tortious breach of his employment contract, and intentional infliction of emotional distress. Haegert failed to show how he was injured by the contents of McMullan’s file as his termination was based only upon an incident involving McMullan. There is not properly designated evidence in the record that McMullan intended to cause Haegert emotional distress.
A tenured English professor at the University of Evansville who was fired after an inappropriate interaction with a fellow professor lost his appeal against his co-worker, but his case against the university will proceed.
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
Jon Paul Tongate v. State of Indiana
29A02-1102-CR-223
Criminal. Affirms conviction of Class D felony receiving stolen property. The magistrate that presided over Tongate’s jury trial was not required to rule on the motion to correct error, and Tongate’s conviction is supported by sufficient evidence.
Indiana Tax Court had posted no opinions at IL deadline.
The Commission on Courts held its final meeting on Thursday, voting in support of new judicial officers for a handful of Indiana counties and agreeing to send those recommendations on to state lawmakers for consideration.
Indiana Court of Appeals
Jon Paul Tongate v. State of Indiana
29A02-1102-CR-223
Criminal. Affirms conviction of Class D felony receiving stolen property. The magistrate that presided over Tongate’s jury trial was not required to rule on the motion to correct error, and Tongate’s conviction is supported by sufficient evidence.
The Indiana Supreme Court wants to hear from the public and legal community about revising the state’s senior judge program, allowing certified former judges to serve in any court rather than specific jurisdictions.
On Sept. 19, attorney Connie Postelli will leave legal practice behind and depart for a two-year stint in the Peace Corps. Postelli will be teaching English in Ukraine. But she knows little else about her trip.