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IPAC director retiring Aug. 1

The longtime leader of the Indiana Prosecuting Attorneys Council is retiring Aug. 1, leaving the statewide agency he’s been with for more than three decades.

Opinions June 13, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Antwon Abbott v. State of Indiana
34A02-1009-CR-1067
Criminal. Affirms convictions of and sentence for Class B felony possession of cocaine and Class A misdemeanor possession of marijuana. The trial court did not abuse its discretion in admitting into evidence the cocaine and marijuana found during the search of Abbott’s person. His argument fails that the statute that elevated his possession crime to a Class B felony is unconstitutionally vague as applied to him.

The City of Boonville v. American Cold Storage, et al.
87A01-1004-PL-167
Civil plenary. Reverses trial court holding that tax-exempt parcels shouldn’t be counted in determining the total number of landowners in the annexed territory. The clear language of Indiana Code 36-4-3-11(a)(1) indicates the Legislature’s intent that all property – whether taxable or tax exempt – should be counted in determining standing. The trial court erred in determining the landowners have standing to bring a declaratory judgment action. Remands for that action to be dismissed. Affirms that adjacent landowners do not have standing to join in the remonstrance under the 65 percent rule.

Khawar Muneer v. Shazi Muneer
32A01-1012-PO-658
Protective order. Affirms denial of Khawar Muneer’s motion to transfer venue. Shazi Muneer filed her petition in the county of her residence, in compliance with Indiana Code 34-26-5-4(b).

Jane D. Connolly v. Michael P. Connolly
02A04-1101-DR-4
Domestic relation. Affirms judgment in favor of Michael Connolly that Jane Connolly isn’t entitled to an equalization payment based on his ownership interest in commercial real estate. The only circumstances in which he would owe an equalization payment would be if the total value of his interest in Bantry Bay had increased. Affirms order that Jane pay a portion of Michael’s attorney fees.  

Kyle D. Rosenfield v. State of Indiana (NFP)
22A05-1007-CR-648
Criminal. Affirms sentence following guilty plea to Class C felony auto theft.

Paternity of B.S.C.; S.C. v. N.A.S. (NFP)
55A04-1012-JP-780
Juvenile. Affirms order on emergency hearing which denied father’s request to modify physical custody.

Robert P. Webber v. State of Indiana (NFP)
71A03-1011-CR-647
Criminal. Affirms conviction of Class B felony conspiracy to commit burglary.

Term. of Parent-Child Rel. of D.D.; S.D. v. I.D.C.S. (NFP)
20A03-1010-JT-506
Juvenile. Affirms order terminating parental rights.
 
Cory Blocker v. State of Indiana (NFP)
31A04-1010-CR-635
Criminal. Affirms conviction of Class D felony theft and revocation of probation.

Richard Bartlett v. State of Indiana (NFP)
29A04-1012-CR-813
Criminal. Affirms sanction for violating probation.

Henry Howard v. Raymond Grimes, et al. (NFP)
48A04-1010-CC-629
Civil collection. Dismisses Howard’s appeal for lack of jurisdiction.

Warrum Construction Inc., et al. v. Yellow Book Sales and Distribution Co., Inc. (NFP)
49A05-1011-CC-722
Civil collection. Affirms summary judgment for Yellow Book in its complaint seeking payment from Warrum Construction of the balance owed under contracts for advertising.

Alfred M. Wiley v. State of Indiana (NFP)
45A04-1007-CR-417
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine and Class C felony carrying a handgun without a license.

Vaughn Highley v. State of Indiana (NFP)
27A04-1011-CR-710
Criminal. Affirms sentence for Class B felony criminal confinement and Class C felony battery resulting in serious bodily injury.
 
Indiana Tax Court had posted no opinions at IL deadline.

Indiana Supreme Court granted one transfer for the week ended June 10.
 

Opinions June 13, 2011


Indiana Court of Appeals
Antwon Abbott v. State of Indiana
34A02-1009-CR-1067
Criminal. Affirms convictions of and sentence for Class B felony possession of cocaine and Class A misdemeanor possession of marijuana. The trial court did not abuse its discretion in admitting into evidence the cocaine and marijuana found during the search of Abbott’s person. His argument fails that the statute that elevated his possession crime to a Class B felony is unconstitutionally vague as applied to him.

7th Circuit dismisses law suit over bar exam

The 7th Circuit Court of Appeals has dismissed an Indiana man’s suit in which he claims he should be able to sit for the bar exam even if he didn’t go to law school. The federal appellate court dismissed it for failure to timely pay the required docketing fee.

COA reverses worker’s comp board on prescription drug denial

The Indiana Court of Appeals reversed a finding by the state Worker’s Compensation Board that a woman’s employer isn’t responsible for providing a specific prescription drug to her, noting that the board only focused on one possible reason why the drug is prescribed.

Opinions June 10, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Liberty Country Club v. Landowners of Country Club Estates Housing Development
81A01-1007-MI-364
Miscellaneous. Affirms summary judgment in favor of the landowners of the housing development, concluding that under the terms of the covenant, Liberty is required to provide potable water to the homeowners in the development.

D.D. v. State of Indiana (NFP)
49A02-1010-JV-1201
Juvenile. Affirms adjudication of D.D. to be a delinquent child based on true findings for one count of aiding, inducing, or causing rape, and one count of criminal confinement.

Wells Fargo Bank, N.A. v. Reed Hodges, et al. (NFP)
55A01-1007-MF-334
Mortgage foreclosure. Reverses order dismissing Swafford from the bank’s complaint to foreclose on a mortgage executed in favor of the bank’s assignor by Reed and Angelia Hodges. Remands for further proceedings.

Martha Tichenor v. Dana Dodson (NFP)
41A04-1010-PO-667
Protective order. Affirms grant of civil protection order against Tichenor.

Harold L. Tice Jr. v. State of Indiana (NFP)
15A01-1010-CR-518
Criminal. Affirms convictions of sexual misconduct with a minor as a Class C felony and contributing to the delinquency of a minor as a Class A misdemeanor.

Walter L. Walker v. State of Indiana (NFP)
49A05-1010-CR-691
Criminal. Affirms conviction of Class D felony pointing a firearm.

Matthew Fearnow v. State of Indiana (NFP)
20A03-1010-CR-552
Criminal. Reverses denial of request for permission to file a belated notice of appeal. Remands for further proceedings.

Leland Stephens v. State of Indiana (NFP)
18A05-1011-CR-679
Criminal. Affirms sentence for Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.
 

COA reverses judgment for apartment manager in negligence case

In ruling on a slip-and-fall case involving injury occurring in an apartment complex parking lot during the winter, the Indiana Court of Appeals noted that there are not any Indiana cases with an identical fact pattern, so they looked to a similar Missouri case for guidance.

Bankruptcy judge reappointed to 14-year term

The 7th Circuit Court of Appeals has reappointed Bankruptcy Judge Anthony J. Metz III in the U.S. District Court’s Southern District of Indiana to another 14-year term when his current term ends Nov. 14, 2011.

COA rules on public utility issues

The Indiana Court of Appeals affirmed in part and reversed in part the decision by the Indiana Utility Regulatory Commission finding United States Steel Corp. acted as a public utility when it delivered electricity and natural gas to another steel producer in northwestern Indiana.

Opinions June 9, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Brian Smith v. Brendonwood Common, Inc.
49A02-1006-PL-785
Civil plenary. Affirms summary judgment for Brendonwood Common Inc. in Smith’s complaint alleging Brendonwood had violated its bylaws. Smith had no standing to bring his claim.

Josh Gold, Mitch Gold and Andrea Gold v. Cedarview Management Corp.
53A04-1007-PL-451
Civil plenary. Affirms the $48,520.44 plus interest summary judgment for Cedarview Management Corp. The trial court did not err by considering the lease agreement when determining Josh Gold was personally liable as guarantor of the lease for the payment of the settlement agreement; or by including the nonpayment of December 2008 rent in the amount owed for unpaid lease obligations outside the settlement agreement. Cedarview’s re-entry of the premises in February 2009 was not a breach of the lease.

Patrick J. Trainor v. State of Indiana
71A03-1010-CR-561
Criminal. Affirms convictions of and sentence for five counts of Class D felony counterfeiting. The state presented sufficient evidence to support the convictions and under the facts and circumstances of the case, Trainor’s aggregate sentence of seven and one-half years, suspended subject to five years probation, is appropriate.

Ronald Williams v. State of Indiana (NFP)
49A02-1011-CR-1209
Criminal. Affirms murder conviction.

Term. of Parent-Child Rel. of B.M. and S.M.; J.B. v. IDCS (NFP)
28A01-1101-JT-18
Juvenile. Affirms involuntary termination of parental rights.

Asset Acceptance LLC v. Phillip Metz (NFP)
17A05-1011-CC-729
Civil corrections. Reverses order releasing the judgment as paid in full by the debtor and remands for further opinions.

Paternity of J.T.L.; J.D. v. L.L. (NFP)
45A04-1004-JP-287
Juvenile. Affirms denial of father’s motion to vacate, motion for change in magistrate, and motion for contempt and sanctions against the attorney who represented the mother.

Atashia Poe v. State of Indiana (NFP)
35A02-1008-CR-966
Criminal. Affirms sentence for Class A misdemeanor driving while suspended with a prior conviction.

William Lawhorn v. State of Indiana (NFP)
05A04-1009-CR-725
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.

Rodney Simmons v. State of Indiana (NFP)
82A05-1006-CR-353
Criminal. Affirms sentence for Class C felony stalking.

Term. of Parent-Child Rel. of A.C., et al.; S.F. v. I.D.C.S. (NFP)
82A01-1010-JT-578
Juvenile. Affirms involuntary termination of parental rights.

William D. Harmon, Jr. v. State of Indiana (NFP)
79A05-1007-CR-473
Criminal. Vacates convictions of possession of a narcotic drug and for possession of cocaine, Counts IV, VI, VIII, and X. Vacates conviction of Count I, conspiracy to commit dealing in a narcotic drug.  Affirms habitual offender conviction and remands for the trial court to attach the habitual offender enhancement to a single conviction. Affirms admittance of evidence of Harmon’s prior conviction.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions June 9, 2011

7th Circuit Court of Appeals
Harriett Ellis, et al. v. CCA of Tennessee LLC d/b/a Corrections Corporation of America
10-2768
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms summary judgment in favor of CCA of Tennessee on the former jail nurses’ claims of racial discrimination, hostile work environment, and violations of the state whistleblower law. Although the District Court correctly determined there was no genuine issue of material fact related to the plaintiffs’ legal claims, the District Court erred with respect to its claim preclusion ruling. That was a harmless error.

7th Circuit affirms ruling against former jail nurses

In a discrimination and hostile work environment case, the 7th Circuit Court of Appeals concluded for the first time that displays of confederate flags in the workplace may support a hostile work environment claim. However, the judges agreed with the District Court that several African-American nurses formerly employed by a Marion County jail could not support their legal claims.

Legislators file amicus brief asking for narrowed Barnes decision

Seventy-one Indiana legislators have signed an amicus curiae brief that asks the Indiana Supreme Court to narrow its recent decision that held Hoosiers have no right to resist unlawful police entry into their homes. The defendant’s attorney in the case has also asked for a rehearing.