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Circuit Court affirms admission of drugs, sentence

The 7th Circuit Court of Appeals rejected a man’s argument that his past conviction of vehicular flight isn’t a crime of violence, citing a recent decision by the United States Supreme Court on that matter.

Judge approves proposed settlement agreement

A federal judge has approved a proposed settlement agreement in a class-action lawsuit against the Indiana Family and Social Services Administration alleging that an agency policy that doesn’t allow certain Medicaid waiver enrollees to apply for services other than what’s been approved by their case manager is in violation of federal Medicaid law.

Opinions July 22, 2011 ILD

7th Circuit Court of Appeals
Continental Casualty Co. v. Sycamore Springs Homeowners Association Inc.
10-3261
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry McKinney.
Civil. Affirms District Court’s conclusion that the homeowners association had not suffered “property damage” as defined in Continental Casualty’s policy insuring the builder. The language of the association’s own complaint in state court and the absence of any effort to apportion the $335,000 entitles Continental to judgment.

Indiana Supreme Court, Court of Appeals, and Tax Court had posted no opinions at IL deadline.
 

Opinions July 22, 2011

7th Circuit Court of Appeals
Continental Casualty Co. v. Sycamore Springs Homeowners Association Inc.
10-3261
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry McKinney.
Civil. Affirms District Court’s conclusion that the homeowners association had not suffered “property damage” as defined in Continental Casualty’s policy insuring the builder. The language of the association’s own complaint in state court and the absence of any effort to apportion the $335,000 entitles Continental to judgment.

Opinions July 21, 2011 ILD

7th Circuit Court of Appeals
L.V. and Yvette Crawford v. Countrywide Home Loans Inc. d/b/a America’s Wholesale Lender, et al.
10-3135
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip Simon.
Civil. Affirms summary judgment for Countrywide Home Loans in the Crawfords' suit following their default on their mortgage, eviction from the home, and sale of the home in a sheriff’s sale. The Crawfords did not meet their burden to come forward with specific facts showing that there were genuine issues for trial. Vacates the District Court’s order of Aug. 10, 2010, and remands for the limited purpose of permitting the District Court to enter a new order specifying which aspects of the Crawfords’ complaint were dismissed on jurisdictional grounds and remanding those aspects to the state court from which the case was removed.

Indiana Court of Appeals
Jacqueline Wisner, M.D., and the South Bend Clinic, L.L.P. v. Archie L. Laney
71A03-1007-CT-382
Civil tort. Affirms in part and reverses in part in a negligence action. The trial court did not abuse its discretion in determining that Laney’s attorney’s actions did not deprive the defendants of a fair trial or in concluding that the trial court instructions were sufficient to dispel any confusion that may have been caused by Laney’s counsel’s final argument. The trial court didn’t err in finding that no impropriety occurred when a witness spoke to other witnesses before trial. Reverses order denying Laney prejudgment interest. Remands for further proceedings.

James Bellamy v. State of Indiana
49A02-1011-CR-1214
Criminal. Affirms finding Bellamy was in direct criminal contempt. Despite his status as a layperson, the trial court did not err in finding he was in direct contempt of the trial court for showing up late to court after being warned. Any challenge to the error relating to the trial court’s failure to allow him to explain his tardiness was waived.

Term. of Parent-Child Rel. of D.B., et al.; W.B. v. IDCS (NFP)
28A05-1101-JT-22
Juvenile. Affirms involuntary termination of parental rights.

Antonio Jenkins v. State of Indiana (NFP)
68A01-1008-CR-417
Criminal. Grants rehearing to explain more fully why Jenkins waived the issue of the admissibility of certain evidence under Indiana Rules of Evidence Rule 616.

Michael J. Earnest v. State of Indiana (NFP)
50A03-1011-CR-602
Criminal. Affirms conviction of and sentence for one count of Class A felony child molesting, reverses second conviction of Class A felony child molesting, and remands for entry of judgment of conviction of one count of incest as a Class B felony and sentencing on that offense.

Marvin M. Willis v. State of Indiana (NFP)
82A05-1012-CR-807
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.

Indiana Tax Court had posted no opinions at IL deadline.
 

7th Circuit finds remand to be unreviewable

The 7th Circuit Court of Appeals looked at the issues of removal and remand in the context of bankruptcy in a case July 21 and found the bankruptcy court’s decision to remand a case to state court is unreviewable.

Justices reduce sentence of man found asleep in office

Four of the five Indiana Supreme Court justices decided that the man found asleep in the waiting room of a dental office – who had an empty handgun on him – should only be sentenced to 20 years for the crime instead of 40 years.

Valparaiso professor to receive animal law award

Valparaiso University School of Law Professor Rebecca J. Huss will be given the Excellence in the Advancement of Animal Law Award at the American Bar Association’s annual meeting in August.

Indiana man takes lawyer-admission case to 7th Circuit

A Fort Wayne man who claims he’s being prevented from becoming an Indiana attorney because of his religious beliefs is asking the 7th Circuit Court of Appeals to decide whether a lower federal court properly dismissed his case.

Governor names new public access counselor

Gov. Mitch Daniels has appointed Joseph Hoage as Indiana public access counselor. He replaces Andrew Kossack, who recently resigned to take a position with the Indiana Department of Education.

Opinions July 20, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Wellpoint, Inc., et al. v. National Union Fire Ins., Co., et al.
49A05-1011-PL-670
Civil plenary. Reverses summary judgment for Twin City Fire Insurance Co. in Anthem’s action seeking defense and indemnification from its reinsurers. None of the subject policy provisions operate to exclude coverage in the manner Twin City proposes. Remands for further proceedings.

Paternity of A.C.; C.C. v. B.M. (NFP)
13A04-1009-DR-608
Domestic relation. Reverses grant of the petition of stepfather B.M. for custody of A.C. Remands for further proceedings.

R.W. v. Review Board (NFP)
93A02-1012-EX-1399
Agency action. Affirms determination that R.W. was fired for just cause.

Thomas West v. State of Indiana (NFP)
34A02-1102-CR-111
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Janet Barkes Trust, et al. v. Monica Stuckwisch, et al. (NFP)
36A01-1011-PL-612
Civil plenary. Reverses summary judgment for real estate agent Stuckwisch in a fraud action and remands for further proceedings.

James H. Higgason, III v. State of Indiana (NFP)
45A03-1011-CR-577
Criminal. Affirms denial of motion for jail credit time.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions July 20, 2011

Indiana Court of Appeals
Marianne Jackson v. Thomas Trancik, M.D.
29A02-1012-CC-1391
Civil collections. Reverses summary judgment to Dr. Trancik on his lawsuit to collect on a medical bill. The trial court abused its discretion in striking the affidavit of an expert witness designated by Jackson and that affidavit establishes an issue of material fact as to the amount she owes. Remand for further proceedings.

Trial court shouldn’t have struck expert witness affidavit

The Indiana Court of Appeals reversed summary judgment for a doctor in his attempt to collect an unpaid medical bill, finding the trial court erred when it struck the affidavit of an expert witness designated by the defendant.

COA rules man is not guilty by reason of insanity

Examining the issue of whether a defendant’s mental disease brought on by years of drinking could support an insanity defense, the Indiana Court of Appeals concluded the man’s psychosis was a mental defect under Indiana Code and he should have been found not guilty by reason of insanity.

Appellate judges rule on court warrant officer’s claim

The Indiana Court of Appeals ruled an Anderson City Court judge didn’t wrongly reassign a police warrant officer from his courtroom because the two didn’t share an employee-employer relationship that would allow for a suit under the Indiana Wage Claim Statute.

Opinions July 19, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Douglas Cottingham v. State of Indiana
06A01-1008-CR-431
Criminal. Affirms trial court’s order that Cottingham, after admitting to a probation violation, serve the remainder of his sentence incarcerated for Class D felony operating a vehicle while intoxicated, endangering a person. Remands to the trial court because Cottingham is entitled to good time credit for his home detention.

Michael Sharp v. State of Indiana
12A02-1010-CR-1188
Criminal. Affirms convictions of and sentence for Class A felony child molesting and Class C felony child molesting, holding that being named a credit restricted felon does not guarantee a defendant will receive credit for time served, and that convictions on both charges did not violate double jeopardy standards, as each offense required additional proof not used to support the other offense.

Shane A. Schmidt v. State of Indiana
38A02-1008-CR-862
Criminal. Affirms conviction of and sentence for Class C felony criminal confinement, holding that there was sufficient evidence to support the conviction and Schmidt had not demonstrated his sentence was inappropriate.

Paternity of T.M.; B.M. v. S.K.
49A02-1012-JP-1357
Juvenile paternity. Affirms trial court’s denial of father’s motion to set aside paternity affidavit and for DNA testing regarding paternity of his child, holding that a DNA test conducted independently by the father had not been consented to by both parents, and that the trial court had not abused its discretion in denying admissibility of that test.

Term. of Parent-Child Rel. of J.C., et al.; M.C. v. IDCS (NFP)
34A02-1011-JT-1229
Juvenile termination of parental rights. Affirms termination of father’s parental rights.

Billy Raines v. State of Indiana (NFP)
13A01-1008-CR-415
Criminal. Affirms juvenile court’s waiver of jurisdiction to adult criminal court and subsequent order in adult criminal court denying dismissal and remand.  

Term. of Parent-Child Rel. of A.O. and C.O.; T.T. v. IDCS (NFP)
10A01-1011-JT-611
Juvenile termination of parental rights. Affirms termination of mother’s parental rights.

Paternity of A.G.; J.B. v. H.G. (NFP)
49A02-1011-JP-1378
Juvenile paternity. Reverses and remands to the trial court to recalculate father’s post-secondary education contribution for A.G. Affirms court’s finding that father was not in contempt and therefore not liable to pay the mother’s attorney fees.

Richard Brooks v. State of Indiana (NFP)
33A01-1012-CR-636
Criminal. Affirms trial court’s denial of Brooks’ motion to suppress evidence from a vehicle search.  

Charles Farrell, III v. State of Indiana (NFP)
20A03-1008-CR-457
Criminal. Affirms conviction of felony murder.

Victor Rybolt v. State of Indiana (NFP)
49A02-1012-CR-1392
Criminal. Affirms convictions of two counts of Class D felony invasion of privacy.

John L. Katzioris v. Martin Service, Inc., et al. (NFP)
45A03-1012-PL-654
Civil plenary. Affirms the denial of Katzioris’ motion for a status conference to determine whether the Court of Appeals decision in Martin Oil Mktg. Ltd. v. Katzioris, 908 N.E.2d 1183 (Ind. Ct. App. 2009), reh’g denied, resolved all of his claims.

Randy Swisher v. State of Indiana (NFP)
64A03-1004-PC-204
Post-conviction relief petition. Affirms denial of petition for post-conviction relief.

Term. of Parent-Child Rel. of B.M.; D.M. v. IDCS (NFP)
49A02-1012-JT-1424
Juvenile termination of parental rights. Affirms termination of mother’s parental rights.

Daurrel Figgs v. State of Indiana (NFP)
02A03-1010-CR-597
Criminal. Affirms convictions of Class B felony aggravated battery and two counts of Class B felony robbery while armed with a deadly weapon.

Paternity of A.A.; C.A., et al. v. J.B. (NFP)
55A04-1011-JP-723
Juvenile paternity. Affirms trial court’s order awarding custody of son to his father and court’s decision to change child’s surname.

Aaron Isby v. D. Gilstrap, et al. (NFP)
49A05-1009-CT-660
Civil tort. Affirms the trial court’s dismissal of Isby’s declaratory judgment action for failure to state a claim and affirms the trial court’s denial of Isby’s Trial Rule 60(B)(3) motion for relief from judgment based on fraud.

Eugene Lamar Robinson v. State of Indiana (NFP)
45A03-1010-CR-547
Criminal. Affirms conviction of Class B felony criminal confinement.

Robert L. Clark, Jr., et al. v. Robert L. Clark, Sr. (NFP)
01A02-1007-CT-759
Civil tort. Reverses and remands summary judgment on Robert Clark, Jr., and wife Debra’s tort against Robert Clark, Sr., holding the couple’s claims are not precluded by the Indiana Guest Statute.

Alex Russell v. State of Indiana (NFP)
45A03-1011-CR-581
Criminal. Affirms the revocation of Russell’s probation and the imposition of the entire suspended sentence.

Indiana Tax Court had posted no opinions at IL deadline.