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The Indiana Court of Appeals ruled there was no reason for a trial judge to disregard the state’s priority statutes regarding liens and mortgages and find that a construction company’s mechanic’s lien has priority over previously recorded mortgages.
Indiana Supreme Court posted no opinions at IL deadline.
Indiana Court of Appeals
Terrence Williams v. State of Indiana
49A02-1101-CR-9
Criminal. Reverses denial of Williams’ petition that a handgun seized by police be released to his counsel. Williams asked the gun be returned after his carrying a handgun without a license charge was dismissed. Williams’ inability to lawfully possess a handgun, without more, doesn’t prevent the return of the gun to his counsel.
Lisa Fouce v. State of Indiana (NFP)
27A04-1011-CR-695
Criminal. Affirms convictions of and sentence for Class C felony forgery and Class D felony theft.
Robert Holland v. Manufacturers and Traders Trust Co., et al. (NFP)
45A04-1004-PL-324
Civil plenary. Affirms judgment in favor of intervenor Richard Loveless in Robert Holland’s quite title lawsuit.
Roy Kelley, Jr. v. State of Indiana (NFP)
48A02-1011-CR-1197
Criminal. Affirms sentence for Class B felony aggravated battery.
Timothy & Stephanie Mackall v. Cathedral Trustees, Inc. (NFP)
49A02-1104-CC-281
Civil collections. Affirms the trial court had subject matter jurisdiction to enforce its judgment entered in favor of Cathedral for the Mackalls’ breach of contract or non-payment of tuition.
Roy Austin Smith v. State of Indiana (NFP)
77A05-1011-PL-726
Civil plenary. Affirms partial summary judgment to the Indiana Department of Correction regarding whether he filed a notice with the Indiana attorney general and IDOC within 180 days of his loss as required by the Indiana Tort Claims Act.
Bryan E. Clark v. State of Indiana (NFP)
16A01-1011-CR-604
Criminal. Affirms 12-year sentence executed in the Department of Correction.
Betsy Waters v. Indiana State University (NFP)
93A02-1101-EX-78
Agency appeal. Reverses denial of worker’s compensation benefits and remands for proceedings consistent with the opinion.
Adoption of X.B.M.; H.P. and A.P. v. K.M. (NFP)
68A05-1012-AD-775
Adoption. Affirms denial of H.P. and A.P.’s petition to adopt their grandson.
Joel T. Martinez v. State of Indiana (NFP)
49A02-1012-CR-1325
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated in a manner that endangered a person.
Marcus Bailey v. State of Indiana (NFP)
82A04-1012-CR-761
Criminal. Affirms conviction of Class A felony dealing in cocaine.
Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Terrence Williams v. State of Indiana
49A02-1101-CR-9
Criminal. Reverses denial of Williams’ petition that a handgun seized by police be released to his counsel. Williams asked the gun be returned after his carrying a handgun without a license charge was dismissed. Williams’ inability to lawfully possess a handgun, without more, doesn’t prevent the return of the gun to his counsel.
Less than three months after the Indiana Supreme Court issued a decision about sports injury cases, the state’s intermediate appellate court is now applying the new rule regarding how liability should be determined.
An Indiana Supreme Court decision upholding three statutes relating to juvenile judges’ authority on out-of-state placement cases created what the state attorney general’s office calls too much confusion, and the justices should revisit the ruling it made a little more than a month ago.
A man, whose request for a continuance in a hearing regarding his unemployment benefits was denied by an administrative law judge, is entitled to a hearing on the matter, the Indiana Court of Appeals ruled Thursday.
Indiana Supreme Court posted no opinions at IL deadline.
Indiana Court of Appeals
T.W. v. Review Board
93A02-1011-EX-1223
Agency action. Reverses finding that T.W. was ineligible to receive unemployment benefits as a result of his failure to disclose self-employment. There is no statutory or evidentiary basis for a finding that T.W.’s failure to disclose his relationship with Professional Labor Services would disqualify him from receiving benefits, reduce his benefits, or render him ineligible for benefits or extended benefits. Remands for further proceedings.
Brian D. Hayes v. Westminster Village North, Inc.
49A02-1010-CT-1141
Civil. Reverses summary judgment for Westminster Village North in Hayes’ survivor action for negligence caused by medical malpractice and claim for wrongful death. There is a dispute of fact as to whether Dorothy Rodarmel was mentally incompetent and therefore under a legal disability and Indiana’s Journey’s Account Statute applies. Remands for further proceedings.
Dustin L. Coleman v. State of Indiana (NFP)
05A02-1012-CR-1397
Criminal. Affirms conviction of Class B felony neglect of a dependent.
John G. Young v. State of Indiana (NFP)
89A01-1011-CR-574
Criminal. Affirms conviction of and sentence for Class B felony dealing in a schedule II controlled substance.
David W. Glasgow v. State of Indiana (NFP)
34A05-1012-CR-817
Criminal. Affirms conviction of Class D felony possession of marijuana.
Thaddeus Rodriguez v. State of Indiana (NFP)
64A05-1002-CR-69
Criminal. Affirms convictions of Class B felony burglary and Class A misdemeanor resisting law enforcement.
Larry D. Nash-Aleman v. State of Indiana (NFP)
49A02-1011-CR-1183
Criminal. Affirms convictions of Class D felony strangulation, Class A misdemeanor domestic battery, and Class A misdemeanor interfering with the reporting of a crime.
Michael E. Hurst v. State of Indiana (NFP)
48A04-1010-CR-622
Criminal. Affirms sentence following guilty plea to Class D felony criminal recklessness.
Term. of Parent-Child Rel. of A.S., et al.; A.S. v. I.D.C.S. (NFP)
02A03-1012-JT-657
Juvenile. Affirms termination of parental rights.
Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
T.W. v. Review Board
93A02-1011-EX-1223
Agency action. Reverses finding that T.W. was ineligible to receive unemployment benefits as a result of his failure to disclose self-employment. There is no statutory or evidentiary basis for a finding that T.W.’s failure to disclose his relationship with Professional Labor Services would disqualify him from receiving benefits, reduce his benefits, or render him ineligible for benefits or extended benefits. Remands for further proceedings.
The Indiana Court of Appeals split in affirming a man’s drunk-driving conviction, with the dissenting judge finding the prosecutor’s questions to the jury and repeated reference to the defendant as a bully at trial made a fair trial impossible.
The Protective Order Pro Bono Project, which provides pro bono legal assistance to indigent victims of domestic violence in Marion County to obtain and enforce protection orders, is starting a pro se clinic this month.
The Office of the Indiana Attorney General filed its appellate brief Monday asking the 7th Circuit Court of Appeals to lift a preliminary injunction against parts of the new abortion-provider law cutting public Planned Parenthood funding.
A prominent Terre Haute attorney known for his work challenging campaign finance laws and regulations scored another legal victory after the 7th Circuit Court of Appeals enjoined state limits on contributions to what’s known as “super” political action committees.
The Indiana Court of Appeals affirmed a trial court’s denial of a motion to suppress evidence, holding that even though a search warrant was invalid, the evidence it produced is admissible due to a “good faith” exception to the exclusionary rule.
There is a misconception among even the most educated of criminal clients that arrests, charges and convictions disappear off of one’s Indiana criminal record after a passage of time. This is not the case.
Life moments. Some may be an accomplishment (winning a big trial), a disappointment, a funeral or a seemingly insignificant event. We all have them—some good, some not so good, but they are those events that for some reason stick with us for a lifetime.
Requesting appropriate insurance coverages and obtaining certificates of insurance verifying such coverages are in place may be one of the least understood, and thereby, among the most overlooked issues in commercial real estate loan transactions.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Brian J. Kelley, et al. v. Med-1 Solutions, LLC, et al.
49A04-1008-PL-517
Civil plenary. Affirms trial court’s entry of summary judgment in favor of Med-1 Solutions, holding that the debtors failed to present or allege sufficient facts to support a claim of fraud. Denies Med-1’s request for attorney fees due to lack of evidence that debtors acted with procedural or substantive bad faith.
Ronnie Jones v. State of Indiana (NFP)
71A05-1011-CR-740
Criminal. Affirms conviction of attempted murder and adjudication as an habitual offender.
George Lowman v. State of Indiana (NFP)
64A03-1009-CR-513
Criminal. Affirms trial court’s order of monthly payments as a condition of probation, but remands to court to correct total amount of restitution.
Debora A. Phillips v. State of Indiana (NFP)
73A01-1011-CR-598
Criminal. Affirms sentences imposed after guilty plea for three counts of dealing a schedule I, II, or III substance – all Class A felonies.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Bryan Johnson v. State of Indiana
45A05-1012-CR-816
Criminal. Affirms court’s denial of motion to suppress, citing a “good faith” exception to the admissibility of a search warrant. Holds that the detective believed a court employee had taken care of all the steps necessary to properly file a search warrant.
More than a dozen states and the District of Columbia now recognize same-sex relationships under various names, such as domestic partnerships, civil unions, or same-gender marriages.