Judges rule on breach of contract lawsuit
The City of Jeffersonville breached its contract with a company hired to maintain its sewer system by not adequately providing written notice before ending the contract.
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Justices split over how to determine a lawsuit is equitable
The Indiana Supreme Court has expanded on a previous decision to create a multi-pronged inquiry to determine whether a suit is essentially equitable, a move that causes two justices to worry the new test may often foreclose a defendant’s right to a jury on distinct and severable legal claims.
Opinions Sept. 15, 2011 ILD
7th Circuit Court of Appeals
Cheryl A. Burns v. Orthoteck Inc. Employees’ Pension Plan and Trust, et al.
10-1521
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Affirms finding that Cheryl Burns’ consent to designate her husband’s three sons as beneficiaries was valid and affirms the denial of her claim for benefits. The unusual circumstances of the case lead to the conclusion that the pension plan was within its discretion to find that Dr. Burns, as plan representative, verified the authenticity of his wife’s signature on the written consent form and this satisfied 29 U.S.C. 1055’s witness requirement. The plan was also within its discretion to deny Burns’ claim for benefits.
Indiana Court of Appeals
Frederick R. Lucas v. Darrin McDonald
63A04-1010-PL-644
Civil plenary. Affirms denial of verified petition for relief from lifetime sex-offender registration requirement. Lucas did not meet his burden of proving that the trial court’s decision is against the logic and effect of all the facts and circumstances of his case.
Board of Works of the City of Lake Station, Indiana, et al. v. I.A.E., Inc., Consulting Engineers
45A03-1007-CP-369
Civil plenary. Affirms jury verdict and the trial court’s rulings in favor of I.A.E. Consulting Engineering in its suit seeking payment from Lake Station on money owed for work completed. There is sufficient evidence to support the conclusion that I.A.E. didn’t make a business decision in 1994 to quit working on the project. Remands with instructions for the trial court to recalculate the prejudgment interest award, using simple interest from the date of I.A.E.’s demand.
National Wine & Spirits, Inc., National Wine & Spirits Corporation, NWS Michigan, Inc., and NWS, LLC v. Ernst & Young, LLP
49A02-1012-CT-1289
Civil tort. Reverses grant of Ernst & Young’s second motion for summary judgment on National Wine and Spirits’ action for fraud and deception. The successive motion was proper, but there are genuine issues of material fact and res judicata doesn’t bar National Wine and Spirits’ claims.
Kathryn M. Richardson v. Todd E. Richardson (NFP)
49A05-1101-DR-28
Domestic relation. Affirms grant of Todd Richardson’s post-dissolution petition to enforce a settlement agreement and the denial of Kathryn Richardson’s motion to correct error.
Linzy C. Motton v. State of Indiana (NFP)
79A02-1012-CR-1440
Criminal. Affirms conviction of Class D felony theft.
Term. of Parent-Child Rel. of N.S. and A.S.; A.L. v. IDCS (NFP)
49A02-1102-JT-206
Juvenile. Affirms termination of parental rights.
Cordaro Clark v. State of Indiana (NFP)
34A02-1012-CR-1410
Criminal. Affirms conviction of and sentence for dealing in cocaine as a Class B felony.
Every Meadows LLC v. McKnight Excavating Inc., and Chad McKnight (NFP)
30A01-1012-PL-650
Civil plenary. Affirms denial of Every Meadows’ motion to correct error.
Addison Pijnapples v. State of Indiana (NFP)
38A05-1008-CR-510
Criminal. Affirms conviction of felony murder.
Term. of Parent-Child Rel. of K.T.; K.K.T. v. IDCS (NFP)
71A02-1103-JT-313
Juvenile. Affirms termination of parental rights.
Ronnie Harness v. State of Indiana (NFP)
82A04-1012-CR-770
Criminal. Affirms convictions of and sentences for Class A felony and Class C felony child molesting.
Brent Turner v. Jody (Turner) Bruce (NFP)
30A01-1102-DR-61
Domestic relation. Reverses order finding Brent Turner’s son partially emancipated. Affirms holding Turner in contempt for nonpayment of child support, and that he pay attorney fees to Jody Turner Bruce.
Torrien Jefferson v. State of Indiana (NFP)
49A02-1012-CR-1300
Criminal. Affirms conviction of Class D felony possession of cocaine.
Michael J. Stohler v. Mary Anne Stohler (NFP)
48A04-1101-DR-51
Domestic relation. Affirms determination of Michael Stohler’s income and the apportioning of daughter’s educational expenses. Reverses the apportioning liability for son’s college expenses and educational tax credits received by Mary Anne Stohler. Remands with instructions.
Timothy L. Hahn v. State of Indiana (NFP)
18A04-1103-PC-176
Post conviction. Reverses summary dismissal of petition for post-conviction relief.
Mitchell Lynn v. Janet S. Greer and James L. Greer (NFP)
45A05-1102-PL-83
Civil plenary. Affirms grant of the Greers’ motion for judgment on the evidence.
Term. of Parent-Child Rel. of A.M. and M.M.; T.H. & A.A.M., Sr. v. IDCS (NFP)
02A03-1101-JT-67
Juvenile. Affirms termination of parental rights.
Adrian F. Cole v. State of Indiana (NFP)
49A02-1103-PC-348
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 15, 2011
7th Circuit Court of Appeals
Cheryl A. Burns v. Orthoteck Inc. Employees’ Pension Plan and Trust, et al.
10-1521
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Affirms finding that Cheryl Burns’ consent to designate her husband’s three sons as beneficiaries was valid and affirms the denial of her claim for benefits. The unusual circumstances of the case lead to the conclusion that the pension plan was within its discretion to find that Dr. Burns, as plan representative, verified the authenticity of his wife’s signature on the written consent form and this satisfied 29 U.S.C. 1055’s witness requirement. The plan was also within its discretion to deny Burns’ claim for benefits.
Court issues rules on bulk access to Odyssey case records
After more than four years of requests from commercial case management system vendors, the Indiana Supreme Court has outlined how third-parties can interface with the state-provided system to provide broader public access to Indiana court records.
Criminal defense attorney receives public reprimand for fee agreement changes
The Indiana Supreme Court has publicly reprimanded an Indianapolis criminal defense attorney, finding that he modified an agreement and charged an unreasonable fee without first obtaining written consent and giving his client a chance to get another lawyer’s opinion.
Justices vacate transfer of insurance case
By a vote of 4 to 1, the Indiana Supreme Court has decided to vacate transfer to an insurance case that split the lower appellate court regarding the definition of “ever” on a home insurance application.
Federal court fees, PACER charge going up
The policy-making body of the federal judiciary wants U.S. judges to limit how often they seal entire civil cases. In addition, the public access fee for all records is rising and other court fees are going up.
Bomb threat causes evacuation of courthouse
A bomb threat called into the clerk’s office in Hancock County Wednesday morning prompted an evacuation of the building for several hours.
Opinions Sept. 14, 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
David Pannell v. Steve Carter, et al. (NFP)
49A02-1003-PL-472
Civil plenary. Affirms trial court’s denial of motion to amend complaint.
Term. of Parent-Child Rel. of A.R.; S.S. v. IDCS (NFP)
48A02-1102-JT-99
Juvenile. Affirms termination of father’s parental rights.
Robert Johnson v. State of Indiana (NFP)
71A04-1101-CR-18
Criminal. Affirms conviction of and sentence for Class C felony battery.
Thomas A. Carpenter v. State of Indiana (NFP)
33A01-1103-CR-88
Criminal. Affirms trial court’s denial of Carpenter’s petition to have his felony conviction converted to a misdemeanor. Chief Judge Robb dissents.
Valdis J. Minkis v. Sherry J. Minkis (NFP)
32A01-1005-DR-272
Domestic relation. Affirms division of marital property.
Janice White v. State of Indiana (NFP)
49A05-1102-CR-88
Criminal. Affirms conviction of Class A misdemeanor criminal mischief.
Indiana State Police v. Tyjuan Mayes (NFP)
49A02-1104-MI-304
Miscellaneous. Reverses trial court’s grant of Mayes’ motion to reconsider dismissal, holding Mayes failed to file an original or certified copy of the agency record as required by Indiana Code 4-21.5-5-13(a).
Christopher R. Perry v. State of Indiana (NFP)
18A02-1104-CR-364
Criminal. Affirms revocation of probation.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 14, 2011
Indiana Court of Appeals
Kenneth Dwayne Vaughn v. State of Indiana
45A05-1102-CR-57
Criminal. Reverses trial court’s denial of motion for mistrial, holding that restraining the defendant in the presence of the jury could have influenced the jury’s verdict.
Special masters named in judge’s disciplinary case
The Indiana Supreme Court has appointed three trial judges as special masters to preside over the disciplinary case of one of their city court colleagues from Lake County, who is accused of operating an illegal traffic school, dismissing cases without assessing required fees, and dissuading one litigant from contesting a seatbelt violation in court.
Former Jackson Circuit Judge Robert R. Brown dies
Robert R. Brown, retired Jackson Circuit judge, died Sept. 12 at his Brownstown home. He was 78.
COA orders new trial for overly talkative defendant
In a divided opinion, the Indiana Court of Appeals has reversed a trial court’s denial of motion for mistrial, holding that the court went too far in physically preventing a defendant from speaking.
Civic index numbers show Indiana trails most states in voter turnout
The inaugural Indiana Civic Health Index shows that while the state is on-par with national standards in volunteerism, its voter turnout and registration are among the lowest in the country.
Court reverses decision denying trial counsel appointment
The Indiana Court of Appeals has determined a Jay Superior judge didn’t look at a defendant’s “total financial picture” when assessing his need for a court-appointed attorney. It has ordered a new indigency evaluation and trial for the misdemeanor battery charge.
Justices split on appellate review of prisoner litigant’s claim
One of Indiana's most well-known pro se prisoner litigants convinced two of the state justices that his latest appeal should get their attention, but the other three denied transfer relating to how the Indiana Court of Appeals dismissed the case.
Court sends reminder on permanent withdrawal rules
Note to Indiana attorneys: don’t permanently relinquish your law license in this state unless you’re absolutely sure you won’t ever want to return. If you do, don’t be surprised if you have to take the bar exam again.
Opinions Sept. 13, 2011 ILD
7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.
The Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Yasin Hory v. State of Indiana
01A04-1011-IF-717
Infraction. Affirms conviction of Class C infraction illegal parking, holding that Hory failed to establish an express or implied pre-emption of local traffic safety laws by federal motor safety regulations.
Gary R. Shepherd v. Linda S. (Shepherd) Tackett
72A01-1012-DR-692
Domestic relations. Affirms trial court’s post-dissolution order modifying the parties’ property division as stated in the Decree of Dissolution, holding that the order clarified the property division, but did not make substantial changes to the decree.
Charles David Kelly v. National Attorneys Title Assurance Fund
69A04-1104-CT-215
Civil tort. Affirms trial court’s grant of summary judgment in favor of National Attorneys Title Assurance Fund, holding undisputed facts support the trial court’s judgment.
Joseph N. Meade v. Kathleen F. Meade (NFP)
64A03-1101-DR-56
Domestic relation. Reverses trial court’s modification of child support, holding the court abused its discretion in failing to pro rate Kathleen Meade’s severance pay when it reduced her obligation to $100 per week. Remands to the trial court for proceedings consistent with opinion.
Janice A. Devlin and Kenneth F. Devlin v. AC Roofing, Inc. and Arnold W. Cook (NFP)
34A02-1012-MI-1375
Miscellaneous. Reverses trial court’s denial of the Devlins’ motion to dismiss pursuant to Trial Rule 12(B)(8). Remands for further proceedings.
Robert A. Predaina v. State of Indiana (NFP)
45A03-1006-CR-348
Criminal. Affirms conviction of Class A misdemeanor criminal mischief.
Shannon Saddler v. State of Indiana (NFP)
49A02-1102-CR-120
Criminal. Reverses sentence for Class A misdemeanor criminal mischief, holding the trial court abused its discretion in requiring Saddler to pay restitution before sentencing her.
Jerry Craig v. State of Indiana (NFP)
49A02-1012-CR-1421
Criminal. Affirms trial court’s denial of Craig’s motion to correct erroneous sentence.
Ross Pushor v. State of Indiana (NFP)
03A05-1011-CR-706
Criminal. Affirms trial court’s order revoking probation.
Indiana State Board of Dentistry v. Julia Francis (NFP)
55A01-1101-PL-28
Civil plenary. Vacates trial court’s denial of Indiana State Board of Dentistry’s motion to dismiss, holding the court did not have the jurisdiction to hear Francis’ appeal. Accordingly, the appeals court did not address subsequent issues outlined in the appeal.
James E. Sims v. State of Indiana (NFP)
02A04-1101-CR-94
Criminal. Affirms aggregate sentence for Class D felony attempted theft and Class A misdemeanor criminal mischief.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 13, 2011
Indiana Court of Appeals
Yasin Hory v. State of Indiana
01A04-1011-IF-717
Infraction. Affirms conviction of Class C infraction illegal parking, holding that Hory failed to establish an express or implied pre-emption of local traffic safety laws by federal motor safety regulations.