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Opinions July 11, 2011 ILD

7th Circuit Court of Appeals
Bishop Harvey Jr., et al. v. Town of Merrillville, et al.
11-1041
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph Van Bokkelen. Affirms summary judgment for the defendants on the homeowners’ Section 1983 equal protection claim. Without a similarly situated comparator, the homeowners’ equal protection claim cannot hold water. The District Court also did not err in failing to address the homeowners’ belatedly asserted and undeveloped contention that the defendants violated their First Amendment rights by suppressing their speech. Modifies judgment to dismiss without prejudice instead of remanding the state law claims.

Indiana Court of Appeals
Isaiah Williams v. State of Indiana (NFP)
49A02-1010-PC-1235
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted three transfers and denied 27 for the week ending July 8, 2011.
 

Opinions July 11, 2011

7th Circuit Court of Appeals
Bishop Harvey Jr., et al. v. Town of Merrillville, et al.
11-1041
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph Van Bokkelen. Affirms summary judgment for the defendants on the homeowners’ Section 1983 equal protection claim. Without a similarly situated comparator, the homeowners’ equal protection claim cannot hold water. The District Court also did not err in failing to address the homeowners’ belatedly asserted and undeveloped contention that the defendants violated their First Amendment rights by suppressing their speech. Modifies judgment to dismiss without prejudice instead of remanding the state law claims.

Justices rule officer didn’t search car to find gun

The Indiana Supreme Court has upheld a man’s firearm conviction, finding the police officer who found a handgun in the man’s car during a traffic stop wasn’t searching the car when he saw the gun.

COA sides with pro se defendant in murder case

The Indiana Court of Appeals has ruled that a trial court erred when it accepted a man’s guilty plea to murder, because the defendant had at the same time claimed his innocence.

Court clarifies ruling on medical review panel process

The Indiana Court of Appeals has clarified one of its earlier rulings about when nurses can participate in medical malpractice actions and what evidentiary rules allow in the review panel process if the chairperson reneges on an agreement that a particular individual wouldn’t participate.

Opinions July 8, 2011 ILD

7th Circuit Court of Appeals
John A. Logan v. Donna Wilkins, M.D., et. al.
10-1415
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms decision of district court that Logan is not entitled to amend his initial complaint, holding that he had already been given the opportunity to do so but had not amended.

The Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Kelly Barngrover v. State of Indiana (NFP)
49A02-1011-CR-1270
Criminal. Affirms conviction of Class D felony neglect of a dependent. Reverses conviction for Class A misdemeanor possession of paraphernalia, holding the state had not proved the paraphernalia would have been discovered during a lawful inventory search of Barngrover’s vehicle.

Jason L. Foltz v. State of Indiana (NFP)
57A03-1011-CR-614
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Ashley Storm v. Kyle Storm (NFP)
32A01-1010-DR-535
Divorce resolution. Affirms trial court’s decision to bar Ashley Storm’s boyfriend from contact with her children, citing his prior domestic battery charge. Remands to trial court for recalculation and distribution of marital estate, citing improper valuation of assets and remands for explanation of deviation from parenting time guidelines.

Doe Corporation v. Lolita C. Honore, et al.
49A05-1007-MI-408
Miscellaneous. Clarifies a previous opinion at the request of Honore.

Rollander Enterprises, Inc. and Indy Investments, LLC v. H.C. Nutting Company (NFP)
15A01-1008-CC-430
Collections. Affirms trial court’s judgment in favor of H.C. Nutting Company.

The Indiana Tax Court had posted no opinions at IL deadline.
 

Opinins July 8, 2011

7th Circuit Court of Appeals
John A. Logan v. Donna Wilkins, M.D., et. al.
10-1415
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms decision of district court that Logan is not entitled to amend his initial complaint, holding that he had already been given the opportunity to do so but had not amended.
 

COA to hold oral argument in Allen County

The Indiana Court of Appeals will hear oral arguments in Carrie Chapman v. Howard L. Chapman and Elizabeth W. Chapman, Trustees of The Stephen L. Chapman Irrevocable Trust Agreement, No. 02A03-1012-TR-624, at 10:30 a.m. July 12 at the Allen County Courthouse in Ft. Wayne.

Opinions July 7, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Christopher Hovis v. State of Indiana
02A03-1101-CR-47
Criminal. Dismisses appeal of trial court’s denial of belated motion to correct error pursuant to Indiana Post-Conviction Rule 2(2). Holds that at the time of defendant’s sentencing, existing caselaw supported a direct appeal of any perceived sentencing errors after a plea of guilty and that Hovis is therefore not entitled to a second direct appeal.

Vernon D. Hall v. State of Indiana (NFP)
57A04-1012-CR-797
Criminal. Affirms sentence for Class B felony burglary.

Tyrone A. Thompson v. State of Indiana (NFP)
49A04-1011-CR-694
Criminal. Affirms sentence for Class D felony criminal recklessness with a deadly weapon, Class A misdemeanor battery, and Class C felony battery.

Donald L. Helton v. State of Indiana (NFP)
34A04-1012-CR-805
Criminal. Affirms conviction of Class B felony possession of methamphetamine within 1,000 feet of a family housing complex and Class D felony possession of marijuana.

Rick W. Bagby, II v. Carla M. Bagby (NFP)
82A01-1011-DR-609
Divorce resolution. Affirms trial court’s grant of mother’s petition to modify custody.

Indiana Tax Court had posted no opinions at IL deadline.

Opinions July 7, 2011

Indiana Court of Appeals
N.K. v. Review Board
93A02-1012-EX-1431
Civil. Reverses determination by the Review Board of the Indiana Department of Workforce Development that a worker fired for taking leftovers was not entitled to unemployment benefits.

Court examines ‘entry’ of guilty plea withdrawal motions

The Court of Appeals has ruled that a man convicted of not paying more than $22,000 in child support wrongly interpreted state law about withdrawing his guilty plea, and that the trial judge correctly prevented the man from doing so because he didn’t file a request in writing or justify the withdrawal.

COA: Judge can cite statutes and facts not in CHINS petition

The Indiana Court of Appeals has found that a Hendricks Superior judge didn’t step outside his authority when referencing statutes and facts not specifically cited in a Department of Child Services petition alleging two minor boys were Children in Need of Services.

Supreme Court suspends Gary attorney

The Indiana Supreme Court has suspended a Gary attorney who has been the subject of suspension or reprimand three times since 1992.

Opinions July 6, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
James W. Oldham v. State of Indiana (NFP)
49A02-1009-CR-974
Criminal. Affirms convictions of two counts of Class B felony robbery and two counts of Class B felony criminal confinement.

Aaron Aaron v. State of Indiana (NFP)
34A02-1101-CR-187
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

Nynthia Richardson v. BAC Home Loans Services L.P., et al. (NFP)
27A02-1011-MF-1206
Mortgage foreclosure. Affirms trial court’s denial of motion to set aside a default judgment entered in favor of BAC Home Loans Servicing.

S.R. v. Review Board (NFP)
93A02-1011-EX-1233
Civil. Affirms decision by Indiana Department of Workforce Development’s Review Board that Stephen Riner voluntarily left employment without good cause and is not eligible for unemployment benefits.

Roy L. Harrison v. State of Indiana (NFP)
49A02-1010-CR-1094
Criminal. Reverses trial court’s revocation of probation, holding that a probable cause affidavit was filed improperly and therefore cannot be used to establish an alleged probation violation. Remands for new hearing on probation revocation.

Douglas Mowry v. State of Indiana (NFP)
49A02-1009-CR-1017
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Patrick W. Scholl v. State of Indiana (NFP)
71A03-1012-CR-663
Criminal. Affirms trial court’s denial of motion to dismiss and affirms court’s authorization of lifetime driver’s license suspension.

Robert Hinton v. State of Indiana (NFP)
49A02-1012-CR-1330
Criminal. Affirms trial court’s denial of Robert Hinton’s motion to withdraw a guilty plea to Class A felony dealing in cocaine.

Indiana Tax Court had posted no opinions at IL deadline.

 

Disciplinary Actions

Read about disciplinary action recently handed down by the Indiana Supreme Court.