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.
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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.
Opinions July 19, 2011
7th Circuit Court of Appeals
Dana Woods, et al. v. Commissioner of the Indiana Department of Corrections
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson
10-3339
Civil. Affirms U.S. District Court’s finding that the Indiana Department of Correction policy preventing inmates from advertising for pen-pals and receiving materials from websites that allow persons to advertise for pen-pals is constitutional.
Golf course manager suing DuPont over herbicide
An Indianapolis-based golf course manager is leading a national class-action lawsuit charging that a herbicide manufactured by DuPont is killing trees and other vegetation.
Circuit Court upholds ban on pen-pal solicitation by inmates
The First Amendment rights of Indiana inmates aren’t being violated by a ban instituted by the Department of Correction on advertising for pen-pals and receiving materials from resources that allow people to advertise for pen-pals, the 7th Circuit Court of Appeals held Tuesday.
New program to study mediation in custody disputes
A joint project between the University of Notre Dame Law School’s legal aid clinic and the College of Arts and Letters’ Center for Children and Families will examine the effectiveness of mediation in child custody disputes – specifically the success of educational programs required by the courts and whether the type of mediation used makes a difference.
IBA: How To Fire An Employee
The purpose of this article is to set out guidelines which can help to make the tooth drilling process a little easier, both for you and the terminated individual.
IBA: A Review of 2011 Criminal Law Legislation
What looked early in 2011 like a blockbuster year for sentencing reform fizzled into a legislative session with mostly tinkering in the criminal law realm.
DTCI awards nominations invited
The Defense Trial Counsel’s Annual Meeting will be held Nov. 17-18 at French Lick Resort. One of the highlights of the meeting is the presentation of the “Defense Lawyer of the Year,” the “Diplomat of the Indiana Defense Trial Counsel,” and the “Outstanding Young Lawyer” awards.
DTCI: Top 10 issues employers should know about social networking
It is likely that most of you reading this article use some form of social media, whether it be for business or personal use.
Wrongful conviction arguments heard
The Indiana Court of Appeals heard arguments July 13 in the post-conviction relief case of a woman convicted of intentionally setting a fire that killed her young son, leading to what she says was a wrongful conviction and imprisonment 15 years ago.
Terms of Art: Attorney is a ‘study in contrasts’
Author Wandini Riggins writes about Norman G. Tabler, Indiana University Health’s senior vice president and general counsel.
SCOTUS asked to hear stun-belt case
When the Supreme Court of the United States returns for its new term beginning in October, Indiana will likely learn whether the high court will hear a case relating to a stun-belt restraint used here during a convicted murder’s trial.