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Hammond City Judge Jeffrey A. Harkin faces three misconduct charges for operating an illegal traffic school deferral program and dismissing cases without assessing required fees, as well as dissuading one litigant from contesting a seatbelt violation in court.
Today’s opinions
Indiana Court of Appeals
Coldwell Banker v. Laub Brothers Oil Co., Inc., et al.
02A05-1003-PL-134
Civil plenary. Affirms denial of Laub Brother’s motion for summary judgment as there is no issue of material fact with respect to whether Coldwell engaged in negotiations with S&S Oil. Affirms denial of judgment on the evidence as Coldwell presented evidence that disputed Laub Brother’s contention that it did not negotiate with S&S Oil. Affirms trial court didn’t err by ruling on its own motion to correct error on the basis that it did not timely file its own motion to correct error. Holds that a new trial on Coldwell’s suit that Laub Brothers wrongfully refused to pay Coldwell a commission is warranted.
Edwin Blinn, Jr. v. Rick Kammen and The Law Firm of Gilroy Kammen & Hill (NFP)
27A04-1008-PL-532
Civil plenary. Affirms summary judgment for Kammen in Blinn’s suit for professional negligence.
Michael Carlton v. State of Indiana (NFP)
49A02-1012-CR-1344
Criminal. Affirms sentence for Class D felony escape.
Quanardel Wells v. State of Indiana (NFP)
49A02-1008-CR-950
Criminal. Affirms conviction of Class C felony intimidation. Affirms imposition of the $250 Sexual Assault Victims Assistance fee, vacates the $100 supplemental public defender fee and remands with instructions that the court hold a hearing on Wells’ ability to pay.
Tina Whiting v. State of Indiana (NFP)
38A05-1008-CR-505
Criminal. Affirms conviction of and sentence for felony murder.
Shawn D. Downs v. State of Indiana (NFP)
09A02-1011-CR-1246
Criminal. Affirms sentence following guilty plea to Class C felony nonsupport of a dependent child.
Justin R. Leed v. Melissa A. Leed (NFP)
50A03-1011-DR-593
Domestic relation. Affirms order modifying the marriage settlement agreement.
Mark May v. Ashley F. Ward, Inc. (NFP)
93A02-1011-EX-1323
Agency appeal. Reverses decision by the Full Worker’s Compensation Board denying May’s claim for benefits. Remands for further proceedings.
Jamison A. Brucker v. State of Indiana (NFP)
02A04-1011-CR-781
Criminal. Affirms sentence for Class D felony fraud.
Llewellyn Richardson v. State of Indiana (NFP)
71A05-1012-CR-820
Criminal. Affirms convictions of Class D felony residential entry and Class A misdemeanor invasion of privacy.
Donna J. Layton v. City of Lebanon (NFP)
06A04-1008-PL-597
Civil plenary. Affirms denial of motion to correct error after jury awarded Layton $133 in her lawsuit against the city after sewage invaded her residence and crawl-space.
Peter Frericks v. State of Indiana (NFP)
43A03-1008-CR-412
Criminal. Dismisses appeal of revocation of probation.
James L. Whitfield v. State of Indiana (NFP)
49A02-1008-CR-938
Criminal. Affirms conviction of Class D felony theft.
Byron G. Lewis v. State of Indiana (NFP)
46A03-1004-CR-200
Criminal. Affirms convictions of and sentence for three counts of Class A felony dealing in cocaine. Remands for correction to the abstract of judgment.
Hector R. Castillo v. State of Indiana (NFP)
49A02-1009-CR-1020
Criminal. Affirms convictions of two counts of Class A felony dealing in methamphetamine.
Jarrod W. Fair v. State of Indiana (NFP)
30A01-1012-CR-685
Criminal. Vacates possession of cocaine and marijuana convictions and sentences and affirms convictions of and sentences for dealing in cocaine and dealing in marijuana.
Rodney L. Williams v. Sullivan County Sheriff's Department, et al. (NFP)
77A04-1006-MI-403
Miscellaneous. Dismisses challenge to the ruling on William’s wife’s motion to intervene. Affirms the trial court was not required to order an appraisal of Williams’ property prior to forfeiture.
Gerry S. Hicks v. Rachel M. (Hicks) Villareal (NFP)
43A03-1102-DR-78
Domestic relation. Affirms order granting Villareal’s motion to modify child support.
Trisha Dawn Hudson v. Jeffrey Michael Hudson (NFP)
82A01-1009-DR-545
Domestic relation. Affirms modification of custody in favor of the father but reverses order directing mother’s parenting time with the children be supervised.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Court of Appeals ordered a new trial for a man convicted of arson because the trial court erred in letting the state amend the charging information after it had read the original charges to the jury.
Indiana Supreme Court
Arturo Garcia-Torres v. State of Indiana
64S03-0912-CR-550
Criminal. Affirms convictions of rape, attempted rape, and two counts of burglary. Garcia-Torres’ consent to the swab of his cheek for DNA was voluntary so the swab was not a violation of the Fourth Amendment. Declines to find Pirtle applies. Justice Rucker dissents.
In a 4-1 decision handed down June 30, the Indiana Supreme Court found a man's consent to the swab of his cheek for DNA was voluntary, so the swab didn't violate the Fourth Amendment.
Citing Black’s Law Dictionary’s definitions of “solicit” and “induce,” the Indiana Court of Appeals has affirmed a trial court’s finding that a software company did not violate terms of its contract with another business.
A Bedford lawyer-legislator says a recent Indiana Supreme Court decision on resisting police entry has resulted in more feedback from attorneys and residents statewide than he’s experienced since the daylight saving time debate.
The Indiana Supreme Court issued three opinions June 29 dealing with what fees are recoverable under the Adult Wrongful Death Statute, holding that attorney fees, litigation expenses, and loss of services can be recovered. Chief Justice Randall T. Shepard and Justice Robert Rucker dissented in each decision, believing that those fees aren’t allowed under the statute.
Two justices dissented from their colleague’s decision to reduce a child molester’s sentence more than 50 years, believing the opinion “blurs the guidance” given in a 2008 opinion regarding sentence reviews.
A documentary about the 2009 anti-terrorism simulation exercise hosted by Indiana University School of Law-Indianapolis won an Emmy Award.
Willetter Morrison-Johnson and Steven Johnson v. Republic Services of Indiana, L.P. and Jason Stanley
Today’s opinions
7th Circuit Court of Appeals
United States of America v. Brook Abebe
10-3966
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms sentence of 300 months in prison following guilty plea to armed bank robbery, discharge of a firearm during a crime of violence, and unlawful possession of a firearm by a convicted felon. There was no procedural error in the District Court’s calculation of Abebe’s sentence and his sentence is not substantively unreasonable.
Aaron Smeigh v. Johns Manville Inc.
10-3388
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms summary judgment for Johns Manville on Smeigh’s suit for retaliatory discharge and civil conversion. Smeigh didn’t present sufficient evidence to conclude that he was fired in retaliation for filing workers’ compensation or that JM knowingly exerted unauthorized control over his property. Admonishes Smeigh’s counsel for a portion of the appeal not meeting the standards for presenting and developing arguments on appeal.
Indiana Supreme Court
Citizens State Bank of New Castle v. Countrywide Home Loans, Inc.
76S03-1009-CV-515
Civil. Reverses summary judgment in favor of Countrywide and Federal National Mortgage Association. Countrywide has failed to demonstrate that it is entitled to the remedy of strict foreclosure. Remands with instructions to enter summary judgment in favor of Citizens Bank, and for all relief consistent with this opinion. Justice Sullivan dissents.
Indiana Court of Appeals
Zachery Blackwell v. State of Indiana (NFP)
67A01-1101-CR-98
Criminal. Affirms convictions of Class C felony attempted robbery, and Class D felonies criminal confinement and aiding rioting.
James Deloney Jr v. State of Indiana (NFP)
29A02-1010-CR-1227
Criminal. Affirms conviction of Class D felony theft.
Christopher Collins v. State of Indiana (NFP)
49A02-1010-CR-1157
Criminal. Affirms conviction of and sentence for Class D felony theft.
Martin J. Russell v. State of Indiana (NFP)
83A04-1011-CR-671
Criminal. Dismisses appeal of sentence following a plea agreement to six counts of Class C felony theft and three counts of Class D felony theft.
John Chatman v. State of Indiana (NFP)
49A05-1005-PC-362
Post conviction. Vacates trial court denial of Chatman’s motion for additional credit time for completion of a substance abuse program while he was in jail awaiting trial and dismisses the appeal.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
United States of America v. Brook Abebe
10-3966
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms sentence of 300 months in prison following guilty plea to armed bank robbery, discharge of a firearm during a crime of violence, and unlawful possession of a firearm by a convicted felon. There was no procedural error in the District Court’s calculation of Abebe’s sentence and his sentence is not substantively unreasonable.
In a much-anticipated ruling, the Indiana Supreme Court has ruled three statutes relating to juvenile judges’ authority on out-of-state placement cases are constitutional and that the Department of Child Services has statutory power to consider costs when considering those placements.
A hearing officer recommends that disciplinary charges be dismissed against ex-Marion County Prosecutor Carl Brizzi, and now it’s up to the Indiana Supreme Court to consider the case.
In deciding that a woman’s public intoxication conviction should stand, four Indiana Supreme Court justices declined to reverse her conviction on public policy grounds and found the conviction didn’t violate any constitutional right.
The Indiana Supreme Court ruled 4-1 that classifying a man as a sexually violent predator due to an amendment to the Sex Offender Registration Act doesn’t violate Indiana’s prohibition of ex post facto laws or the doctrine of separation of powers.
Indiana Attorney General Greg Zoeller has filed a notice of appeal regarding the recent decision by U.S. Judge Tanya Walton Pratt to halt enforcement of a new law which withholds funding from abortion providers.
Indiana Court of Appeals
SJS Refractory Co., LLC, et al. v. Empire Refractory Sales, Inc.
02A04-1004-CT-233
Civil tort. Reverses $158,626 in damages to Empire for converted property that was subsequently returned and $12,600 in damages for certain materials. There is no evidence to support these awards. Reverses award of punitive damages on the breach of fiduciary duty claim. The complaint did not have a request for punitive damages on this claim and no request for these damages was made at trial. Affirms damages awarded to Empire for the converted property and tools not returned and the nearly $80,000 in attorney fees for conversion. Affirms order that Johnson, Salwolke, and SJS jointly and severally pay Empire’s attorneys $100,000. Remands for calculation of damages.
Winston D. Wilson v. State of Indiana (NFP)
49A02-1012-CR-1302
Criminal. Affirms convictions of Class D felony theft and Class B misdemeanor criminal mischief.
Rodney L. Houser v. State of Indiana (NFP)
92A03-1007-CR-399
Criminal. Affirms murder conviction.
Jane Gonzales, et al. v. Mike Fitousis, et al. (NFP)
09A05-1006-CT-375
Civil tort. Affirms jury verdict in favor of Indiana Head that it owed no duty to protect Gonzales’ daughter, who was employed by Indiana Head and killed by a co-worker.
Thomas Lee Keller, et al. v. Daniel Ray Keller (NFP)
17A03-1012-CC-644
Civil collections. Affirms calculation of the amount of tillable acreage as well as the determination that certain personal property should not be subject to the sale by public auction. Affirms calculation of cash rent due on two family farms.
Mark Wheatley v. Utility Trailers of Indianapolis, Inc. (NFP)
49A05-1012-CT-788
Civil tort. Affirms order denying Wheatley’s second motion for leave to amend his complaint against Utility Trailers of Indianapolis.
Ponie Clark v. State of Indiana (NFP)
71A03-1006-CR-340
Criminal. Affirms murder conviction.
Term. of Parent-Child Rel. of B.D.; A.D. v. I.D.C.S. (NFP)
52A05-1012-JT-803
Juvenile. Affirms termination of parental rights.
Term. of Parent-Child Rel. of Q.W., et al.; J.C. v. I.D.C.S. (NFP)
49A05-1010-JT-666
Juvenile. Affirms involuntary termination of parental rights.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court
Randy Horton v. State of Indiana
48S04-1106-CR-386
Criminal. Affirms convictions of child molesting but reverses 324-year sentence and orders it be reduced to an aggregate executed term of 110 years. Enhances one Class A felony conviction to 50 years and orders the 30-year advisory sentence on the remaining Class A felony convictions. Orders the Class C felony convictions to be four years on each count. Remands for the trial court to issue an amended sentencing order.