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High Court accepts 7 transfers

The Indiana Supreme Court has taken seven cases on transfer, including a case in which the lower appellate court was split on a construction manager’s duty to an injured worker.

Judge: Man did not knowingly waive right to counsel

An Indiana Court of Appeals judge raised six points in a dissent Monday as to why he disagreed with his colleagues’ decision to affirm the revocation of a man’s probation based on the conclusion that the defendant knowingly, intelligently, and voluntarily waived his right to counsel.

Appellate court divided over trust liability

The Indiana Court of Appeals split Monday in a probate suit involving whether trustees failed to distribute a portion of the trust corpus in a timely manner. The majority upheld finding the trustees liable, but ordered a re-evaluation of compensatory damages and attorney fees.

Opinions June 27, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Gary Ludban, et al. v. Ronald Burtch, et al.
44A05-1007-PL-437
Civil plenary. Affirms trial court ruling regarding the survey of land. The survey the Burtches had conducted was not erroneous as a matter of law, the trial court did not err in determining that the fence between the Ludban and Burtch properties establishes the property line, and the trial court did not err in denying the Ludbans’ adverse possession claim to a strip of land used for access to the lake. The trial court did not err in discrediting the survey the Ludbans had done or in implying that Gary Ludban disturbed the original monumentation between lots 29 and 30. The determination of the property line between the Reeds and the Ludbans based on the line of occupation is supported by the evidence.

Kimberly L. Benedict v. State of Indiana (NFP)
49A02-1012-CR-1359
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Paternity of K.B.; J.B. v. J.D. (NFP)
02A04-1008-JP-533
Juvenile. Affirms trial court grant of permission to allow mother to relocate to Tennessee with daughter.

Jerry L. Coleman v. Marla J. Coleman (NFP)
38A05-1008-DR-490
Domestic relation. Affirms denial of Jerry Coleman’s motion to correct error after the court awarded custody of his son to ex-wife, Marla Coleman, and twice found Jerry in contempt of court.

Indiana Tax Court had posted no opinions at IL deadline.

 

Opinions June 27, 2011

Indiana Court of Appeals
Vincent M. Butler, Jr. v. State of Indiana
84A01-1008-CR-414
Criminal. Affirms revocation of Butler’s probation. The record shows that the trial court adequately advised Butler of his right to counsel and that he knowingly, intelligently, and voluntarily waived that right. The trial court did not abuse its discretion by imposing the balance of his four-year previously suspended sentence. Judge Kirsch dissents.

Judges halt enforcement of challenged laws

Two federal judges issued preliminary injunctions June 24 preventing parts of two new controversial laws regarding immigration and funding of Planned Parenthood of Indiana from being enforced.

Opinions June 24, 2011

Indiana Court of Appeals
Involuntary Commitment of S.S.
49A02-1011-MH-1251
Mental health. Affirms order for S.S.’s temporary commitment. There was no prejudice to S.S. due to the doctor’s report being filed 16 minutes after the end of her detention period. The timely filing of the report is a procedural requirement, not a jurisdiction prerequisite. 

Women accused of operating ‘puppy mill’ file lawsuit

The mother and daughter who were accused of running a “puppy mill” and had animals removed from their homes as a result of tax law violations are now suing the Indiana attorney general and others involved in the removal of the dogs.

Opinions June 24, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Aaron Shields v. State of Indiana (NFP)
29A04-1009-CR-558
Criminal. Affirms conviction of Class C felony forgery.

Robert A. Hutchens v. BAC Home Loans Servicing (NFP)
29A02-1010-MF-1085
Mortgage foreclosure. Affirms summary judgment for BAC Home Loans Servicing on its foreclosure claim against Hutchens, and for Mortgage Electronic Registration Systems and Bank of America National Association as to Hutchens’ claims that the parties should have filed a satisfaction of mortgage on Hutchens’ home equity line of credit.  

Terry Allen Wagster v. State of Indiana (NFP)
45A03-1011-CR-590
Criminal. Affirms sentence following guilty plea to two counts of Class C felony exploitation of an endangered adult.

Jomisha Williams v. State of Indiana (NFP)
71A03-1011-CR-578
Criminal. Affirms conviction of Class C felony possession of cocaine.

Term. of Parent-Child Rel. of Dam.T., et al.; K.T. v. I.D.C.S. (NFP)
49A05-1010-JT-694
Juvenile. Affirms involuntary termination of parental rights.

Timothy L. Woods v. State of Indiana (NFP)
02A04-1011-CR-752
Criminal. Affirms sentence following guilty plea to Class D felony receiving stolen property.

Lee Kershaw v. State of Indiana (NFP)
10A01-1011-CR-572
Criminal. Affirms sentence for Class A felony voluntary manslaughter and Class A felony attempted voluntary manslaughter.

Fernando B. Eguia, Sr. v. State of Indiana (NFP)
01A05-1010-CR-627
Criminal. Affirms conviction of and sentence for Class D felony intimidation.

Elijah Roberson v. State of Indiana (NFP)
45A03-1011-CR-564
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.

Joseph A. Taylor v. Mitch Daniels, et al. (NFP)
67A01-1011-MI-600
Miscellaneous. Reverses denial of Taylor’s amended complaint against Gov. Mitch Daniels and other defendants.

Indiana Tax Court had posted no opinions at IL deadline.

 
 

Opinions June 24, 2011

Indiana Court of Appeals
Involuntary Commitment of S.S.
49A02-1011-MH-1251
Mental health. Affirms order for S.S.’s temporary commitment. There was no prejudice to S.S. due to the doctor’s report being filed 16 minutes after the end of her detention period. The timely filing of the report is a procedural requirement, not a jurisdiction prerequisite.

Justices rule on cases using 3-step test seeking records

The Indiana Supreme Court tackled the issue of requests for production of information to private third parties in two opinions Thursday – one dealing with records sought that fall under the victim-advocate privilege and the other dealing with unprotected information.

Opinions June 23, 2011, ILD

7th Circuit Court of Appeals
Spurlino Materials LLC v. National Labor Relations Board, et al.
Nos. 10-2875, 10-3049
Petition for review and cross-application for enforcement of order of the National Labor Relations Board.
Civil. Grants the National Labor Relations Board’s application for enforcement of its order against cross-petitioner Spurlino Materials. The NLRB adopted the reasoning of the administrative law judge to find Spurlino engaged in a variety of unfair labor practices and imposed remedial measures. Substantial evidence supports the board’s holding. Denies Spurlino’s cross-petition for review.

Indiana Supreme Court
J.M. v. M.A., et al.
20S04-1012-CV-676
Civil. Reverses trial court decision to set aside the paternity affidavit and remands to give J.M. the opportunity, as agreed to at oral argument, to challenge the paternity affidavit in the manner outlined in Indiana Code 16-37-2-2.

Indiana Court of Appeals
Mickey Cundiff v. State of Indiana
31A05-1008-CR-607
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated. Cundiff was not entitled to a speedy trial pursuant to Indiana Criminal Rule 4(B) despite his incarceration on an unrelated cause. A defendant must be incarcerated on the pending charges to be entitled to the benefits of the 70-day speedy trial rule.

Elliott McKinley Montgomery v. State of Indiana (NFP)
45A03-1012-CR-616
Criminal. Affirms conviction of murder in the perpetration of robbery.

Term. of Parent-Child Rel. of A.H. and J.H.; Jo.H. v. I.D.C.S. (NFP)
89A04-1011-JT-706
Juvenile. Affirms involuntary termination of parental rights.

James Hatala v. Sally Hatala (NFP)
64A03-1011-DR-555
Domestic relation. Affirms in part the dissolution decree and reverses in part. Remands to revalue the proceeds from the condemnation settlements at zero, to recalculate its division of the parties’ marital assets, to determine what effect, if any, this recalculation has on the alleged intended 50-50 division of the marital estate, to recalculate what amount of Sally Hatala’s attorney fees, if any, James Hatala should pay, and to amend the divorce decree accordingly.

Ryan T. McMullen v. State of Indiana (NFP)
27A02-1009-CR-1165
Criminal. Affirms convictions of and sentence for Class A felony possession of cocaine and Class D felony possession of marijuana.

Jack Edwards, Jr. v. State of Indiana (NFP)
39A05-1006-CR-395
Criminal. Affirms convictions of two counts of murder and one count of attempted murder.

Robert M. Richardson v. State of Indiana (NFP)
48A04-1010-CR-654
Criminal. Affirms revocation of probation.

SB Hospitality, LLC, et al. v. R.S. Elliott Specialty Supply, Inc. (NFP)
71A05-1008-PL-702
Civil plenary. Affirms denial of SB Hospitality and Gita Patel’s motion to withdraw admissions and the grant of summary judgment for R.S. Elliott Specialty Supply.

KJE, LLC v. RAC Holdings, Inc., and Rex Carroll (NFP)
02A03-1102-PL-52
Civil plenary. Reverses summary judgment for Rex Carroll and RAC Holdings on the issue of whether RAC breached a franchise agreement.

Robert L. Frank, Jr. v. State of Indiana (NFP)
17A04-1012-CR-801
Criminal. Affirms sentence following guilty plea to Class B felony sexual misconduct with a minor and Class D felony sexual battery.

Term. of Parent-Child Rel. of Z.E., et al.; S.E. v. I.D.C.S. (NFP)
79A04-1101-JT-27
Juvenile. Affirms involuntary termination of parental rights.

Paternity of T.F.-W.; D.F. v. J.W. (NFP)
49A02-1009-JP-976
Juvenile. Affirms grant of legal custody of T.F.-W. to child’s biological father.

Indiana Tax Court had posted no opinions at IL deadline.

 

Opinions June 23, 2011

7th Circuit Court of Appeals
Joseph E. Corcoran v. Bill Wilson, superintendent
07-2093, 07-2182
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Allen Sharp.
Civil. Reinstates and incorporates by reference the earlier opinion in Corcoran v. Buss to the extent that it reversed the District Court’s judgment granting habeas relief on the basis of the claimed Sixth Amendment violation; and affirmed the District Court’s conclusion that the Indiana courts did not mishandle the issue of his competence to waive post-conviction remedies. Remands to District Court to permit it to address Corcoran’s remaining grounds for habeas relief.

Justices discuss jury unanimity in molestation cases

The Indiana Supreme Court addressed the issue of unanimous jury verdicts in child molesting cases Thursday, and adopted reasoning from the California Supreme Court when dealing with the “either/or” rule in cases where multiple instances are mentioned but the defendant faces only one charge.

Group can’t challenge high school closure

The Indiana Court of Appeals affirmed the dismissal of a parent and taxpayer group’s legal challenge to the closing of a Fort Wayne school, finding the decision doesn’t violate the state constitution.

Indiana Bar Foundation announces new board

New Albany attorney J. Mark Robinson has been named president-elect of the Indiana Bar Foundation, and Michael Bishop will become the new board president. The positions were named at the foundation’s June 17 meeting.

7th Circuit sends Corcoran case back to trial court

Following a remand from the United States Supreme Court in late 2010, the 7th Circuit Court of Appeals admitted it made mistakes in its recent decision involving a convicted murderer’s appeal and sent the case to the District Court to address habeas relief claims.

Opinions June 22, 2011 ILD

7th Circuit Court of Appeals
United States of America v. Michael Lee Mokol Jr.
10-2334
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph Van Bokkelen.
Criminal. Affirms two convictions of being a felon in possession of a firearm. The District Court did not abuse its discretion in admitting bad acts testimony through Lori Miller’s testimony as to Mokol’s statement that he would put anyone who told on him “in the ground;” or in admitting bad acts evidence involving his daughter’s testimony about the gun “prank” in the Rising Sun parking lot. The District Court did not err in restricting cross-examination of his daughter and the District Court didn’t abuse its discretion by instructing the jury as to constructive possession.

Indiana Court of Appeals
Perry O. Jones v. State of Indiana (NFP)
34A02-1010-CR-1104
Criminal. Affirms calculation of pretrial and credit time.

Carl Andre Coleman v. State of Indiana (NFP)
20A05-1008-CR-553
Criminal. Grants petition for rehearing and remands with instructions that the trial court reinstate Coleman’s conviction of attempted rape and for sentencing on that offense. Affirms in all other respects.

Latoyia Tuggles v. State of Indiana (NFP)
49A02-1012-CR-1366
Criminal. Affirms convictions of Class C felony forgery and Class D felony theft.

D.H. v. State of Indiana (NFP)
49A02-1010-JV-1257
Juvenile. Dismisses appeal of order requiring D.H. to pay restitution.

Zachard D.A. Edwards v. State of Indiana (NFP)
48A02-1010-CR-1222
Criminal. Affirms order revoking home detention and probation.

Commitment of A.R. (NFP)
49A05-1011-MH-665
Mental health. Affirms order for temporary involuntary commitment.

Arden Balmer, Jr. v. State of Indiana (NFP)
71A05-1007-CR-570
Criminal. Affirms convictions of and sentence for felony murder and Class B felony criminal confinement.

Pete Burgmeier v. Robert Akin (NFP)
36A01-1009-SC-480
Small claim. Affirms award of $2,348.09 to Akin and denial of Burgeier’s counterclaim seeking $5,020 in damages.

David B. Tyra v. State of Indiana (NFP)
05A04-1012-CR-762
Criminal. Affirms conviction of Class C felony operating a motor vehicle while privileges are forfeited for life.

Todd A. Harmon v. State of Indiana (NFP)
03A01-1011-CR-630
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.

Michael O. Branch v. State of Indiana (NFP)
84A01-1008-CR-458
Criminal. Affirms conviction of and sentence for Class D felony operating a vehicle as a habitual traffic violator.

Indiana Tax Court had posted no opinions at IL deadline.