Disconnect between immigrants and the law leads to confusion
After chatting with a colleague, Marion County Deputy Prosecutor Andrew Fogle decided something needed to be done about the relationship between immigrants and law enforcement.
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State trooper sues after incident with city officer
The Indiana State Police detective involved in a physical confrontation with an Indianapolis Metropolitan Police deputy chief in August 2010 in the deputy chief’s office has filed a lawsuit claiming false arrest and assault and battery.
Opinions June 6, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Estate of Verna D. Carter v. Holly F. Szymczak
71A04-1008-CT-472
Civil tort. Affirms jury verdict of $125,000 in favor of Szymczak on her negligence complaint against Carter alleging her negligence caused a car accident and injury to Szymczak. Based on the evidence, a reasonable jury could infer that Carter made an unsafe lane change, negligently causing the collision and injury to Szymczak. The trial court did not err in allowing the Permanent Partial Impairment rating evidence to be admitted.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted four transfers and denied 20 for the week ending June 3.
Opinions June 6, 2011
Indiana Court of Appeals
Estate of Verna D. Carter v. Holly F. Szymczak
71A04-1008-CT-472
Civil tort. Affirms jury verdict of $125,000 in favor of Szymczak on her negligence complaint against Carter alleging her negligence caused a car accident and injury to Szymczak. Based on the evidence, a reasonable jury could infer that Carter made an unsafe lane change, negligently causing the collision and injury to Szymczak. The trial court did not err in allowing the Permanent Partial Impairment rating evidence to be admitted.
High court to hear insurance, drug, murder cases
The Indiana Supreme Court accepted three cases June 3, including two cases in which the Indiana Court of Appeals were split in their rulings on a drug case and an insurance case.
Justices take state employee back-pay case
The Indiana Supreme Court will hear the case in which past and present state workers were initially granted more than $42 million in damages in their suit to recover back pay. That amount was later reduced by the Indiana Court of Appeals.
Second-in-command becomes acting state public defender
State Public Defender Susan Carpenter retired May 31 after nearly three decades in that position, and her chief deputy took charge of the office until the Indiana Supreme Court appoints a successor.
Family Court Project grant applications available
Trial courts interested in earning a Family Court Project grant have until July 1 to apply.
7th Circuit affirms dismissal of hostile work environment claim
The 7th Circuit Court of Appeals has determined that a woman failed to prove that she was subject to a hostile work environment at Ball State University.
Opinions June 3, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Nicholas Mills v. State of Indiana (NFP)
82A04-1012-CR-741
Criminal. Affirms conviction of Class C felony child molestation.
John Warren v. State of Indiana (NFP)
49A02-1009-CR-997
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor criminal recklessness. Reverses conviction of Class A misdemeanor driving while suspended within ten years of a similar prior infraction and remands with instructions to amend by vacating Class A misdemeanor conviction and entering Class A infraction in its place.
Timmy Todd Zieman v. State of Indiana (NFP)
45A03-1005-CR-230
Criminal. Affirms conviction of Class A felony attempted murder.
Bryan Ward v. State of Indiana (NFP)
49A02-1011-CR-1250
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.
C.W. v. State of Indiana (NFP)
49A02-1011-JV-1314
Juvenile. Affirms adjudication as a juvenile delinquent for an act that would be child molesting if committed by an adult
Robert J. Boswell v. State of Indiana (NFP)
49A02-1011-CR-1231
Criminal. Affirms 30-year sentence for Class A voluntary manslaughter.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions June 3, 2011
7th Circuit Court of Appeals
Maetta Vance v. Ball State University, et al.
08-3568
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s summary judgment for the defendants and dismissal of discrimination lawsuit, stating the plaintiff failed to prove that her treatment at work was in any way affected by her race, and that the plaintiff did not prove that Ball State University was negligent in taking steps to remediate reported harassment.
COA judge issues 8-page criticism of trial court missteps
The Indiana Court of Appeals has reversed a juvenile court’s order of restitution, stating the court failed to investigate the young man’s ability to pay, and that the damage amount could not be determined to be reasonable. Judge Melissa S. May wrote an eight-page separate opinion stating that the trial court’s many errors hampered the COA’s ability to perform its review of the case.
South Bend school wins national competition; 2013 event to be in Indiana
For the second time in three years, South Bend’s John Adams High School won the annual National High School Mock Trial Championship.
Family law attorney dies after battle with cancer
Attorney Stephenie Jocham, a founder of Carmel firm Jocham Harden Dimick Jackson, died Thursday morning following a battle with cancer, the firm announced.
Opinions June 2, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Shepherd Properties Co., d/b/a ShepCo Commercial Finishes v. International Union of Painters and Allied Trades, District Council 91
49A04-1010-PL-676
Civil plenary. Reverses denial of ShepCo’s motion to correct error challenging an order awarding attorney fees to International Union of Painters and Allied Trades, District Council 91 as the prevailing party in an action under the Indiana Access to Public Records Act. The trial court erroneously imposed upon ShepCo joint and several liability for statutory attorney fees under the APRA as there is no provision for the assessment of attorney fees against a private party in the event of improper nondisclosure under the act. Remands for further proceedings.
David W. Johnson and Priscilla Johnson v. Madison Regatta, Inc., and American Boat Racing Association (NFP)
39A01-1008-CT-398
Civil tort. Affirms summary judgment for Madison Regatta and American Boat Racing Association on the Johnsons’ complaint for damages after Priscilla was injured after being hit by a car while watching the regatta.
Estate of Maurice Kendrick, Sr., Susan K. Kussart, as Guardian of B.K. v. Estate of Maurice Kendrick, Sr., Crystal Burke-Potts, et al. (NFP)
46A03-1007-ES-361
Estate supervised. Reverses determination that B.K. failed to prove she is an heir of the deceased, Maurice Kendrick Sr. Remands with instructions.
Stephen Ray Jones, Jr. v. State of Indiana (NFP)
48A02-1006-CR-702
Criminal. Affirms sentences for Class C felony dealing in marijuana and Class A misdemeanor possession of marijuana.
Kem Linn v. State of Indiana (NFP)
27A02-1010-CR-1293
Criminal. Affirms sentences following guilty plea to Class C felonies corrupt business influence and fraud on a financial institution, and five counts of Class C felony forgery.
Herman Cecil Mallory v. State of Indiana (NFP)
02A04-1007-PC-493
Post conviction. Affirms denial of petition for post-conviction relief.
Jason L. Prater v. State of Indiana (NFP)
08A05-1009-CR-595
Criminal. Affirms conviction of Class D felony intimidation.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions June 2, 2011
Indiana Court of Appeals
Larry Ault v. State of Indiana
49A04-1008-CR-492
Criminal. Reverses conviction of felony murder and remands for a new trial. There was sufficient evidence, without Ault’s testimony, to support a jury instruction on self-defense.
Event focuses on justice system, youth with disabilities
The 9th annual Conference on Health, Disability and the Law at Indiana University School of Law – Indianapolis will examine youth with disabilities in the justice system.
COA: man doesn’t have to testify for self-defense instruction
The Indiana Court of Appeals ordered a new trial for a man convicted of murder because the trial court erred by refusing to instruct the jury on self-defense without the defendant’s testimony.
High court splits on molestation conviction
The Indiana Supreme Court was divided Wednesday in an opinion regarding whether a man could be charged with Class C felony child molesting 16 years after he last molested his stepniece.
Opinions June 1, 2011 ILD
Indiana Court of Appeals
Jonathan Wirth v. American Family Mutual Insurance Co.
22A01-1009-CT-440
Civil tort. Affirms summary judgment in favor of American Family Mutual Insurance, in which the court found American Family is entitled to repayment of its medical lien pursuant to its insurance contract with Wirth. Wirth negotiated his settlement with the tortfeasor, which was completely satisfied as evidenced by the executed Release of All Claims form. In absence of any evidence that the settlement was reasonable and American Family’s lien should be reduced, American Family is entitled to complete repayment of its medical lien.
Antione A. Smith v. State of Indiana (NFP)
49A02-1010-CR-1162
Criminal. Affirms convictions of Class D felony battery and Class A misdemeanor resisting law enforcement.
Joseph K. Todd v. State of Indiana (NFP)
43A03-1011-CR-566
Criminal. Affirms sentence following guilty plea to Class D felony failure to appear.
Julius Cabell v. State of Indiana (NFP)
82A01-1010-CR-548
Criminal. Affirms denial of motion to suppress marijuana and statements made to police.
William Soper v. State of Indiana (NFP)
49A05-1009-CR-611
Criminal. Affirms denial of motion for jail time credit.
Involuntary Commitment of A.K. (NFP)
18A02-1011-MH-1199
Mental health. Affirms order for A.K.’s regular involuntary commitment.
Indiana Tax Court had posted no opinions at IL deadline.