Supreme Court takes 4 cases
The Indiana Supreme Court has granted transfer to four cases, including two cases dealing with double jeopardy issues.
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Appeals court sets arguments in Camm case
The Indiana Court of Appeals has schedule oral arguments in the case of the former Indiana State Police trooper accused of killing his wife and children in 2000.
COA affirms lower court in shoe-killing case
The Indiana Court of Appeals has upheld a post-conviction court’s determination that a man convicted of kicking another man to death cannot appeal his conviction.
Opinions Sept. 9, 2011 ILD
7th Circuit Court of Appeals
Autumn Eaton v. Indiana Department of Corrections, Pendleton Juvenile Corrections Facility
10-3214
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Reverses judgment of the District Court, finding that sufficient evidence exists to preclude summary judgment in favor of Eaton’s employer, the Indiana Department of Corrections, in her Title VII discrimination claim. Remands to the court for proceedings consistent with the opinion.
In re: Vikram Buddhi
10-3802
U.S. District Court, Northern, District of Indiana, Hammond Division, Judge James T. Moody.
Civil. Denies petition for a writ of mandamus requesting the 7th Circuit Court rescind the District Court’s order requiring money in Buddhi’s prison trust account to be applied to his filing fee and special assessment against him that was part of his sentence. Holds that Buddhi’s appeal of the denial of his motion to reconsider his sentence is being affirmed in a separate order.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Shawnee Construction and Engineering, Inc. v. Don C. Stanley, Jr.
02A04-1010-CT-610
Civil tort. Reverses trial court’s grant of partial summary judgment in favor of Stanley and denial of Shawnee’s summary judgment motion, holding that Shawnee did not contractually assume a duty to Stanley. Remands to the trial court with instructions to grant Shawnee’s summary judgment motion.
Martha Sienkowski v. Frederick E. Verschuure
46A03-1101-CT-5
Civil tort. Affirms trial court’s refusal to consider an affidavit from a juror to impeach the jury’s verdict post-trial, holding that regardless of whether the jury verdict was unanimous, it may not be impeached by the testimony or affidavit of the jurors who return it.
Michael Smith v. State of Indiana (NFP)
49A02-1011-CR-1268
Criminal. Affirms conviction of Class D felony resisting law enforcement.
Frances Collins v. Jean Ann Elsfelder (NFP)
82A01-1009-PL-456
Civil plenary. Affirms trial court’s denial of motion to correct error. Reverses allocation of credit card debt and remands to the court to modify distribution of debt amount.
Melvin Bishop v. State of Indiana (NFP)
49A04-1101-CR-1
Criminal. Affirms conviction of Class B felony rape. Reverses conviction of and sentence for Class C felony sexual misconduct with a minor on double jeopardy grounds and remands to the trial court to vacate that conviction and sentence.
James Mason v. State of Indiana (NFP)
71A05-1101-CR-18
Criminal. Affirms conviction of Class A felony dealing in cocaine.
Doris Autry, et al. v. Central Soya Company, Inc., et al. (NFP)
49A02-1102-CT-193
Civil tort. Affirms trial court’s denial of Autry’s request for attorney fees.
Joseph Fairrow v. State of Indiana (NFP)
49A05-1012-CR-765
Criminal. Affirms convictions of Class B misdemeanor disorderly conduct and Class A misdemeanor resisting law enforcement.
Joseph Gardner v. State of Indiana (NFP)
79A02-1011-CR-1286
Criminal. Affirms conviction of Class A felony dealing in a narcotic and associated charges.
Cyrus C. Turpin v. State of Indiana (NFP)
22A01-1012-CR-626
Criminal. Affirms revocation of probation.
Richard K. Orem v. State of Indiana (NFP)
34A02-1106-CR-531
Criminal. Affirms trial court’s order that Orem serve the remainder of his previously suspended sentence for Class D felony strangulation in the Indiana Department of Correction.
Beverly Jinkins v. Cumis Insurance Society, Inc. (NFP)
49A04-1006-PL-371
Civil plenary. Affirms trial court’s grant of summary judgment in favor of Cumis.
In Re the Term. of the Parent-Child Rel. of J.B.and L.B.: T. B. and R.B. v. Indiana Department of Child Services (NFP)
15A04-1103-JT-130
Juvenile. Affirms termination of parental rights for mother and father.
Kara Day v. State of Indiana (NFP)
49A02-1102-CR-104
Criminal. Affirms conviction of Class B misdemeanor battery.
Manuel Rosas v. State of Indiana (NFP)
45A03-1011-CR-607
Criminal. Affirms conviction of and sentence for Class C felony child molesting.
Jose Rodriguez v. State of Indiana (NFP)
49A05-1006-CR-410
Criminal. Affirms conviction of attempted murder and sentence enhancement for acting at the direction of or in affiliation with a gang.
Courtney Arseneau v. State of Indiana (NFP)
49A02-1012-CR-1393
Criminal. Affirms convictions of Class A misdemeanor domestic battery and Class A misdemeanor criminal mischief.
Shyreeta R. Members v. State of Indiana (NFP)
49A05-1101-CR-12
Criminal. Affirms conviction of Class D felony theft.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 9, 2011
7th Circuit Court of Appeals
Autumn Eaton v. Indiana Department of Corrections, Pendleton Juvenile Corrections Facility
10-3214
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Reverses judgment of the District Court, finding that sufficient evidence exists to preclude summary judgment in favor of Eaton’s employer, the Indiana Department of Corrections, in her Title VII discrimination claim. Remands to the court for proceedings consistent with the opinion.
Mexican officials visit law school
Eduardo Arnal Palomera, Mexican Consul General in Chicago, and Alberto Foncerrada Berumen, of the Chicago Mexican Consulate Office of Relations with Local Governments, visited Valparaiso University and Valparaiso University Law School on Aug. 31 to talk with students and university leaders.
Bar foundation names ‘legendary lawyer’
The Fellows of the Indiana Bar Foundation have chosen Leslie Duvall as the 2011 Legendary Lawyer. On Sept. 27, Indianapolis firm Lewis & Kappes will hold a ceremony in his honor.
Opinions Sept. 8, 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
John A. Bailey v. State of Indiana (NFP)
82A01-1102-CR-71
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.
Robert A. Johnson v. State of Indiana (NFP)
71A03-1012-CR-672
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class D felony possession of marijuana. Affirms determination Johnson violated his probation in a separate cause.
Gerald Clark v. State of Indiana (NFP)
84A01-1010-CR-527
Criminal. Affirms convictions of and sentence for Class A felony possession of cocaine with intent to deliver and Class A misdemeanor possession of marijuana.
Jason Clark v. State of Indiana (NFP)
49A02-1102-CR-61
Criminal. Affirms conviction of Class A misdemeanor battery.
Robert Johnson v. State of Indiana (NFP)
49A02-1010-PC-1242
Post conviction. Affirms denial of petition for post-conviction relief.
In Re the Marriage of: Samuel D. Gray v. Angel Gray (NFP)
33A05-1102-DR-89
Domestic relation. Reverses order as it pertains to finding Samuel Gray in contempt and instructs the amount paid by him to Angel Gray’s attorney be credited toward the money judgment balance. Affirms order that modified Samuel’s child support obligation and that he pay uninsured orthodontic expenses and certain college expenses.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 8, 2011
Indiana Court of Appeals
Cathy Minix, et al. v. Sheriff Frank Canarecci, Jr., et al.
71A04-1009-CT-591
Civil tort. Reverses summary judgment in favor of Canarecci on Minix’s wrongful death claim and affirms denial of the medical providers’ motion for summary judgment in Minix’s wrongful death claim and medical malpractice claim. Minix’s Child Wrongful Death Statute claim against the sheriff isn’t barred by the doctrine of res judicata, and an award of damages on both the federal and state claims at issue won’t result in double recovery.
Civic health study results available Sept. 14
The Indiana Supreme Court announced Thursday that the results of the first-ever Indiana Civic Health Index will be released Sept. 14. The study release is in conjunction with an advanced screening of the movie “We the People,” which chronicles America’s history and its founding documents.
Judges: State-law claims can proceed
The Indiana Court of Appeals has allowed a woman’s state claim against a sheriff following the suicide of her son in jail to go forward even though she previously had accepted an offer of judgment in District Court on a federal claim.
Criminal code study group meets Friday
The Criminal Code Evaluation Commission will have its fifth meeting Friday. According to the meeting agenda, Rep. Ralph Foley, R-Martinsville, will give a presentation on unspecified data and Deborah Daniels will give a presentation on penalties for sex offenders.
Opinions Sept. 7, 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
Christopher A. Andrews v. Sara L. Ivie
55A01-1103-PO-110
Protective order. Affirms issuance of a protective order in favor of Ivie. Andrews engaged in a knowing or an intentional course of conduct involving repeated or continuing harassment of Ivie that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened.
State of Indiana v. David G. Bruno, Jr. (NFP)
18A05-1102-CR-55
Criminal. Affirms grant of Bruno’s motion to suppress evidence.
Rodney G. Cooper v. State of Indiana (NFP)
82A01-1102-CR-48
Criminal. Affirms conviction of Class D felony possession of methamphetamine.
Celina Insurance Company v. Indianapolis Roofing and Sheet, et al. (NFP)
49A02-1103-CT-196
Civil tort. Affirms order granting the cross-motions for summary judgment of Indianapolis Roofing and Sheet Metal Corp., Nazareth Building Services, and CE & M Inc., and denying Celina Insurance Co.’s motion for partial summary judgment in its subrogation action against them.
Shane William Kervin v. State of Indiana (NFP)
79A04-1008-CR-474
Criminal. Affirms conviction of Class A felony dealing in cocaine.
David Malone v. State of Indiana (NFP)
49A02-1010-CR-1226
Criminal. Affirms conviction of Class D felony intimidation.
K.T. v. Review Board, and F.C.I. (NFP)
93A02-1101-EX-75
Agency appeal. Reverses decision by the Review Board of the Indiana Department of Workforce Development affirming the administrative law judge’s conclusion that K.T. left his employment without good cause and is therefore ineligible for unemployment benefits. Remands for further proceedings.
Joseph M. Campbell v. State of Indiana (NFP)
85A04-1103-CR-126
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.
Joseph Dontaus Banks v. State of Indiana (NFP)
73A01-1010-CR-547
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class D felony criminal recklessness. Remands with instructions to vacate Banks’ conviction of Class B misdemeanor reckless driving.
Term. of Parent-Child Rel. of C.E.B., K.H.B., Jr., and M.R.B.; C.M.B. v. IDCS (NFP)
02A03-1012-JT-665
Juvenile. Affirms involuntary termination of parental rights.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 7, 2011
Indiana Court of Appeals
Christopher A. Andrews v. Sara L. Ivie
55A01-1103-PO-110
Protective order. Affirms issuance of a protective order in favor of Ivie. Andrews engaged in a knowing or an intentional course of conduct involving repeated or continuing harassment of Ivie that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened.
Judge dismisses challenge to NCAA bylaws
Two former NCAA athletes whose scholarships were revoked following injuries have lost their suit that argued without certain NCAA Division I bylaws, they would have received multi-year athletic scholarships that would have covered the cost of their bachelor’s degrees.
Summary judgment inappropriate in slip-and-fall case
The Indiana Court of Appeals stopped short Wednesday of saying in a negligence suit involving a slip and fall that under any circumstance a home detention officer visiting a detainee at his place of employment is a business visitor.
Indianapolis to host health law compliance conference
Indiana University School of Law-Indianapolis has planned its inaugural Biomedical and Health Industry Law Compliance Conference for Sept. 21. The keynote speaker is Joyce R. Branda, director of the Fraud Section of the U.S. Department of Justice’s Commercial Litigation Branch.
Magistrate judge’s investiture ceremony Thursday
The formal swearing-in ceremony for Magistrate Judge Denise K. LaRue of the U.S. District Court, Southern District of Indiana, is at 2 p.m. Sept. 8 in Courtroom 202 of the Birch Bayh Federal Building and United States Courthouse in Indianapolis. The event is open to the public.
Opinions Sept. 6, 2011 ILD
7th Circuit Court of Appeals
Jeffrey William Paul v. Helen J. Marberry, et al.
10-3670
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses District Court’s denial of Paul’s motion to be allowed to proceed in forma pauperis on the grounds that he had three strikes and remands for further proceedings. Since most prisoners litigate their civil claims pro se, they should not be required to speculate on the grounds the judge could or even should have based the dismissal on. Classifying a strike depends on the grounds given for it.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Clarence T. Hawkins James v. State of Indiana
20A05-1101-CR-61
Criminal. Affirms convictions of Class B felony conspiracy to commit armed robbery, Class B felony burglary, and Class C felony robbery while armed with a deadly weapon. The charges against James were not only alleged as separate and distinct acts; the charges as alleged were proved by separate and distinct evidentiary facts. There is no reasonable possibility the jury relied on the same evidentiary facts to find him guilty of conspiracy to commit armed robbery and robbery while armed with a deadly weapon. The trial court did not err in instructing the jury.
L.R. v. State of Indiana (NFP)
49A05-1101-JV-25
Juvenile. Affirms denial of motion to vacate and set aside juvenile delinquency adjudications.
Keland L. Brown v. State of Indiana (NFP)
34A02-1010-MI-1145
Miscellaneous. Reverses denial of motion to set aside default judgment and remands for the trial court to vacate the entry of default judgment and for further proceedings.
Torin Herbert v. State of Indiana (NFP)
79A02-1010-PC-1080
Post conviction. Affirms denial of petition for post-conviction relief.
Keytron W. Johnson v. Sate of Indiana (NFP)
02A04-1101-PC-45
Post conviction. Affirms denial of motion to correct erroneous sentence.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court has granted three transfers and denied 28 for the week ending Sept. 2.
Opinions Sept. 6, 2011
7th Circuit Court of Appeals
Jeffrey William Paul v. Helen J. Marberry, et al.
10-3670
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses District Court’s denial of Paul’s motion to be allowed to proceed in forma pauperis on the grounds that he had three strikes and remands for further proceedings. Since most prisoners litigate their civil claims pro se, they should not be required to speculate on the grounds the judge could or even should have based the dismissal on. Classifying a strike depends on the grounds given for it.