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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.
The Indiana Supreme Court found that an enhanced sentence for a man convicted of nine counts of molesting his girlfriend’s young daughter is warranted, but reduced the man’s 324-year sentence to 110 years.
Because the parents of six children who were removed from their home did not timely initiate the appeal of termination of their parental rights, the Indiana Court of Appeals dismissed their appeal.
Indiana Secretary of State Charlie White will remain in office. The Indiana Recount Commission voted 3-0 in favor of White, finding the Indiana Democratic Party didn’t provide sufficient evidence that White wasn’t eligible to take office.
The Indiana Supreme Court has accepted a certified question posed by the United States Court of Federal Claims regarding railbanking and interim trail use.
The Indiana Supreme Court has taken seven cases on transfer, including a case in which the lower appellate court was split on a construction manager’s duty to an injured worker.
An Indiana Court of Appeals judge raised six points in a dissent Monday as to why he disagreed with his colleagues’ decision to affirm the revocation of a man’s probation based on the conclusion that the defendant knowingly, intelligently, and voluntarily waived his right to counsel.
The Indiana Court of Appeals split Monday in a probate suit involving whether trustees failed to distribute a portion of the trust corpus in a timely manner. The majority upheld finding the trustees liable, but ordered a re-evaluation of compensatory damages and attorney fees.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Gary Ludban, et al. v. Ronald Burtch, et al.
44A05-1007-PL-437
Civil plenary. Affirms trial court ruling regarding the survey of land. The survey the Burtches had conducted was not erroneous as a matter of law, the trial court did not err in determining that the fence between the Ludban and Burtch properties establishes the property line, and the trial court did not err in denying the Ludbans’ adverse possession claim to a strip of land used for access to the lake. The trial court did not err in discrediting the survey the Ludbans had done or in implying that Gary Ludban disturbed the original monumentation between lots 29 and 30. The determination of the property line between the Reeds and the Ludbans based on the line of occupation is supported by the evidence.
Kimberly L. Benedict v. State of Indiana (NFP)
49A02-1012-CR-1359
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Paternity of K.B.; J.B. v. J.D. (NFP)
02A04-1008-JP-533
Juvenile. Affirms trial court grant of permission to allow mother to relocate to Tennessee with daughter.
Jerry L. Coleman v. Marla J. Coleman (NFP)
38A05-1008-DR-490
Domestic relation. Affirms denial of Jerry Coleman’s motion to correct error after the court awarded custody of his son to ex-wife, Marla Coleman, and twice found Jerry in contempt of court.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Vincent M. Butler, Jr. v. State of Indiana
84A01-1008-CR-414
Criminal. Affirms revocation of Butler’s probation. The record shows that the trial court adequately advised Butler of his right to counsel and that he knowingly, intelligently, and voluntarily waived that right. The trial court did not abuse its discretion by imposing the balance of his four-year previously suspended sentence. Judge Kirsch dissents.
Two federal judges issued preliminary injunctions June 24 preventing parts of two new controversial laws regarding immigration and funding of Planned Parenthood of Indiana from being enforced.
Indiana Court of Appeals
Involuntary Commitment of S.S.
49A02-1011-MH-1251
Mental health. Affirms order for S.S.’s temporary commitment. There was no prejudice to S.S. due to the doctor’s report being filed 16 minutes after the end of her detention period. The timely filing of the report is a procedural requirement, not a jurisdiction prerequisite.
Several Indiana legal organizations are accepting nominations for awards given by their groups. All have July deadlines.
The mother and daughter who were accused of running a “puppy mill” and had animals removed from their homes as a result of tax law violations are now suing the Indiana attorney general and others involved in the removal of the dogs.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Aaron Shields v. State of Indiana (NFP)
29A04-1009-CR-558
Criminal. Affirms conviction of Class C felony forgery.
Robert A. Hutchens v. BAC Home Loans Servicing (NFP)
29A02-1010-MF-1085
Mortgage foreclosure. Affirms summary judgment for BAC Home Loans Servicing on its foreclosure claim against Hutchens, and for Mortgage Electronic Registration Systems and Bank of America National Association as to Hutchens’ claims that the parties should have filed a satisfaction of mortgage on Hutchens’ home equity line of credit.
Terry Allen Wagster v. State of Indiana (NFP)
45A03-1011-CR-590
Criminal. Affirms sentence following guilty plea to two counts of Class C felony exploitation of an endangered adult.
Jomisha Williams v. State of Indiana (NFP)
71A03-1011-CR-578
Criminal. Affirms conviction of Class C felony possession of cocaine.
Term. of Parent-Child Rel. of Dam.T., et al.; K.T. v. I.D.C.S. (NFP)
49A05-1010-JT-694
Juvenile. Affirms involuntary termination of parental rights.
Timothy L. Woods v. State of Indiana (NFP)
02A04-1011-CR-752
Criminal. Affirms sentence following guilty plea to Class D felony receiving stolen property.
Lee Kershaw v. State of Indiana (NFP)
10A01-1011-CR-572
Criminal. Affirms sentence for Class A felony voluntary manslaughter and Class A felony attempted voluntary manslaughter.
Fernando B. Eguia, Sr. v. State of Indiana (NFP)
01A05-1010-CR-627
Criminal. Affirms conviction of and sentence for Class D felony intimidation.
Elijah Roberson v. State of Indiana (NFP)
45A03-1011-CR-564
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.
Joseph A. Taylor v. Mitch Daniels, et al. (NFP)
67A01-1011-MI-600
Miscellaneous. Reverses denial of Taylor’s amended complaint against Gov. Mitch Daniels and other defendants.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Involuntary Commitment of S.S.
49A02-1011-MH-1251
Mental health. Affirms order for S.S.’s temporary commitment. There was no prejudice to S.S. due to the doctor’s report being filed 16 minutes after the end of her detention period. The timely filing of the report is a procedural requirement, not a jurisdiction prerequisite.
In a case of first impression, the Indiana Court of Appeals had to decide whether the timely filing of a doctor’s report in an involuntary commitment is a jurisdictional prerequisite or a procedural requirement.