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Judges split on mortgage issue

In a case of first impression between a lender and the mortgagee on record, the Indiana Court of Appeals was divided as to whether the mortgagee on record had an enforceable right under a mortgage.

Supreme Court receives threats after ruling

The Indiana Supreme Court has received threatening calls and emails following a ruling last week in which the high court said Hoosiers can’t resist unlawful entry into their homes by police.

Justices take 6 cases

The Indiana Supreme Court has granted transfer to six cases and declined to take 22 others.

Tax Court warns against arguing wages aren’t taxable

In rejecting a man’s argument that his employment wages shouldn’t be subject to Indiana’s adjusted gross income tax, the Indiana Tax Court warned that those who present a similar argument in the future may be subject to paying the attorney fees of the other party.

Opinions May 16, 2011 ILD

Indiana Supreme Court had posted no opinion at IL deadline

Indiana Court of Appeals
Dante A. Webb v. State of Indiana (NFP)
45A04-1007-PC-459
Post conviction. Affirms denial of petition for post-conviction relief.

Joseph J. Pajot v. Maryann A. Pajot (NFP)
71A03-1006-DR-394
Domestic relation. Affirms equal division of an account comprised of Joseph Pajot’s inheritance from his parents. Reverses order Joseph reimburse Maryann Pajot $2,920 for medical expenses. Remands for correction of that amount.

Patricia A. Tackett v. State of Indiana (NFP)
18A02-1008-CR-1053
Criminal. Reverses convictions of Class B felony rape, Class B felony sexual misconduct with a minor, and Class D felony child solicitation.

Eugene Bowers v. State of Indiana (NFP)
49A04-1003-PC-274
Post conviction. Affirms denial of petition for post-conviction relief.

State of Indiana v. Danny LeFlore (NFP)
49A05-1010-CR-698
Criminal. On rehearing, affirms original opinion in all respects except the remand for the trial court to hold a hearing because the charges against LeFlore have been dismissed.

Jennifer Lukens v. Chad A. Baxter (NFP)
25A03-1009-DR-449
Domestic relation. Affirms denial of Lukens’ petition for citation of indirect contempt of court.

Josh Coffey v. State of Indiana (NFP)
55A01-1005-CR-275
Criminal. Affirms denial of motion to correct erroneous sentence.

Robyn N. Hogan v. State of Indiana (NFP)
45A03-1006-CR-309
Criminal. Affirms sentence following guilty plea to three counts of Class B felony dealing in cocaine.

Latonya Plummer v. State of Indiana (NFP)
49A02-1010-CR-1077
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Town of Clarksville v. Shirley Makowsky and Indiana Fraternal Order of Police Labor Council, Inc. (NFP)
10A04-1008-PL-531
Civil plenary. Affirms declaratory judgment in favor of Makowsky and the Indiana Fraternal Order of Police Labor Council.

Cindy Lee Bell v. State of Indiana (NFP)
71A05-1010-CR-692
Criminal. Affirms conviction of Class D felony possession of cocaine.

Stephen M. Park and Shirley Park v. William F. Eckhart (NFP)
49A04-1011-CT-734
Civil tort. Reverses summary judgment in favor of Eckhart on the Parks’ complaint alleging negligence. Remands for further proceedings.

 

Opinions May 16, 2011

Indiana Court of Appeals
The William C. Haak Trust v. William J. Wilusz and Judith A. Wilusz, Benjamin Luna
64A04-1008-PL-567
Civil plenary. Affirms judgment in favor of Luna on the trust’s quiet title action seeking an easement of necessity and reverses the judgment in favor of the Wiluszes. The trust has a right to an easement of necessity across the Wiluszes’ parcel, but not over Luna’s land. Remands with instructions to enter judgment in favor of the trust and take evidence sufficient to allow it to locate the easement of necessity across the Wiluszes’ land.

DOC drops kosher meal appeal

The 7th Circuit Court of Appeals has granted the Indiana Department of Correction and other appellants’ motion to dismiss their appeal of a case in which a federal judge found the DOC violated prisoners’ rights by denying kosher meals.

COA orders trial court to define, locate easement

A trial court erred in denying a trust’s request for an easement of necessity relating to a certain parcel of land because the previous property owners didn’t grant themselves an easement before they transferred the land to the trust, ruled the Indiana Court of Appeals.

Opinions May 13, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Melody D. Linenburg v. Mark A. Linenburg
82A01-1011-DR-625
Domestic relation. Affirms provisional order awarding father primary physical custody of the children and possession of the marital residence during the pendency of the dissolution proceeding. The mother failed to establish an abuse of discretion and the court declines to reweigh the evidence.

Raymond Shook v. State of Indiana (NFP)
49A05-1007-PC-461
Post conviction. Affirms denial of motion to remove Shook’s status as a sexually violent predator.

Julio Azpeitia v. State of Indiana (NFP)
09A05-1012-CR-796
Criminal. Affirms convictions of and sentence for Class A misdemeanor driving while suspended and Class B misdemeanor public intoxication.

Michael Yang v. State of Indiana (NFP)
49A04-1006-CR-351
Criminal. Affirms convictions of and sentence for felony murder and Class A misdemeanor invasion of privacy.

Steven Foernzler v. State of Indiana (NFP)
49A02-1007-CR-827
Criminal. Affirms convictions of Class A felony attempted murder and Class D felony residential entry.

Reginald N. Person, Jr., et al. v. Carol A. Shipley (NFP)
20A03-1008-CT-463
Civil tort. Reverses jury verdict in favor of Shipley and remands for further proceedings.

Michael Hale v. State of Indiana (NFP)
43A05-1010-PC-697
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions May 13, 2011

Indiana Court of Appeals
Melody D. Linenburg v. Mark A. Linenburg
82A01-1011-DR-625
Domestic relation. Affirms provisional order awarding father primary physical custody of the children and possession of the marital residence during the pendency of the dissolution proceeding. The mother failed to establish an abuse of discretion and the court declines to reweigh the evidence.

Ethics commission fines, bans attorney from state employment

The Indiana State Ethics Commission has found a former general counsel and chief administrative law judge for the Indiana Utility Regulatory Commission violated the law when he participated in decisions involving his future employer, Duke, while still with the IURC.

Disciplinary charges filed against Hamilton County judge

The Indiana Commission on Judicial Qualifications has filed disciplinary charges against Hamilton Superior Judge William Hughes. The charges are related to the judge’s arrest for driving while impaired and later guilty plea to misdemeanor reckless driving in North Carolina.

Governor vetoes forfeiture legislation

Gov. Mitch Daniels has vetoed Senate Enrolled Act 215, which designated what percentage of funds from forfeitures would go to prosecutors, law enforcement, and the Indiana Common School Fund.

Perry County only preferred venue for wage suit

In an issue with no clear precedent regarding statutory interpretation with respect to the Wage Claims Act, the Indiana Court of Appeals concluded that a trial court didn’t err in concluding Perry County was the proper venue for a suit filed by the Commissioner of Labor under the act.

Opinions May 12, 2011 ILD

Indiana Court of Appeals
Erodney Davis v. State of Indiana
45A05-1008-CR-502
Criminal. Affirms conviction of Class C felony possession of cocaine. The trial court did err by permitting a police detective to testify as a skilled witness, but it was a harmless error. The trial court did not err by excluding evidence of a witness’s prior drug-related convictions or by giving an additional instruction to the jury that it had inadvertently omitted from the final jury instructions.

Jameson Malbrough v. State of Indiana (NFP)
49A02-1009-CR-958
Criminal. Affirms convictions of two counts of Class B felony child molesting, and one count each of Class C felony child molesting, Class D felony vicarious sexual gratification, and Class D felony intimidation.

James Spann v. State of Indiana (NFP)
49A05-1009-CR-588
Criminal. Affirms conviction of Class A misdemeanor obstructing traffic.

Rodney Griffin v. State of Indiana (NFP)
49A02-1010-CR-1108
Criminal. Reverses conviction of Class A misdemeanor invasion of privacy.

Term. of Parent-Child Rel. of R.A., et al.; A.L. v. I.D.C.S. (NFP)
45A03-1005-JT-271
Juvenile. Affirms involuntary termination of parental rights.

Lloyd Conn v. State of Indiana
24A01-1009-CR-508
Criminal. Affirms conviction of Class A felony conspiracy to commit murder. The evidence is sufficient to sustain his conviction.

Robert A. Jordan v. State of Indiana (NFP)
79A02-1006-PC-674
Post conviction. Affirms denial of request for additional educational credit time.

Thomas Huffine v. State of Indiana (NFP)
49A02-1010-CR-1098
Criminal. Affirms sentence following revocation of probation.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions May 12, 2011

Indiana Supreme Court
State ex rel. Gregory F. Zoeller v. Aisin USA Manufacturing, Inc.
36S01-1009-CV-469
Civil. Holds the attorney general’s attempt to recover a “tax refund” from Aisin in Jackson Superior Court may proceed. It does not arise under the tax laws because the “refund” was the result of accounting and clerical errors with in the Department of Revenue that were wholly unrelated to any interpretation or application of tax law. Justices Rucker and Dickson dissent.

Justice: Ruling lets government agents enter homes illegally

Two Indiana Supreme Court justices dissented from their colleagues in a case involving the right to resist unlawful police entry into a home, with one justice writing that he believes the majority is “essentially telling Indiana citizens that government agents may now enter their homes illegally.”