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Judge rules Charlie White ineligible for candidacy

A Marion County judge has ruled that Secretary of State Charlie White was ineligible to be a candidate and the office should go to Democrat Vop Osili, his challenger in the 2010 election.

7th Circuit rules school provided appropriate public education

Hamilton Southeastern Schools has prevailed on appeal that it does not have to reimburse two parents for their son’s special education at another institution because they claimed the school system wasn’t providing a free appropriate education to their son, who had a traumatic brain injury.

Opinions Dec. 22, 2011 ILD

Indiana Court of Appeals
James Lowery v. State of Indiana (NFP)
15A05-1106-CR-296
Criminal. Affirms sentence following guilty plea to manufacture of more than 10 pounds of marijuana as a Class C felony.

Gary J. Harrison v. Linda Turner and Deborah Hric (NFP)
46A05-1101-PL-46
Civil plenary. Affirms summary judgment in favor of nurses Turner and Hric.

Jeremy Dewayne Matheny v. State of Indiana (NFP)
87A05-1105-CR-260
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.

In the Matter of the Term. of the Parent-Child Rel. of T.D.T., T.T.T., and M.T., and A.D.T. v. The Indiana Dept. of Child Services (NFP)
71A05-1103-JT-213
Juvenile. Affirms involuntary termination of father’s parental rights.

Senior Market Development, LLC and Ahren Baumgart v. Titan Financial Group, LLC (NFP)
82A01-1103-PL-138
Civil plenary. Affirms judgment awarding Titan Financial Group attorney fees and expenses on the company’s complaint for breach of contract. Remands for an assessment of appellate attorney fees against Senior Market Development and Ahren Baumgart.

Katie Herrera v. State of Indiana (NFP)
20A03-1106-CR-286
Criminal. Affirms revocation of probation.

Matthew P. Philbee v. State of Indiana (NFP)
02A05-1107-CR-340
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting, and Class D felony vicarious sexual gratification.

Stephen N. Kohlmeyer v. State of Indiana (NFP)
29A02-1105-CR-399
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle with ACE of 0.08 or more.

Dewayne A. Dunn v. State of Indiana (NFP)
20A05-1103-CR-160
Criminal. Affirms conviction of murder.

Mary Lou Duff v. Shawn D. Duff and Rebecca Duff (NFP)
40A05-1012-PL-755
Civil plenary. Affirms ruling that Mary Lou Duff’s complaint to recover possession of personal property is barred under the principles of res judicata.

George Parker v. State of Indiana (NFP)
49A04-1104-CR-181
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.

R.S. v. State of Indiana (NFP)
49A05-1106-JV-309
Juvenile. Affirms order committing R.S. to the Indiana Department of Correction.

Roy N. Viverette, Jr. v. State of Indiana (NFP)
45A03-1105-CR-223
Criminal. Affirms sentence following guilty plea to three counts of Class B felony burglary.

Nathaniel Bobo v. State of Indiana (NFP)
45A03-1105-CR-224
Criminal. Affirms sentence following guilty plea to Class B felony aggravated battery.

Curtis W. Birner v. State of Indiana (NFP)
52A02-1104-CR-462
Criminal. Affirms sentence following guilty plea to Class C felonies carrying a handgun without a license and intimidation.

Valgene Royal v. State of Indiana (NFP)
64A04-1105-CR-283
Criminal. Dismisses appeal of the trial court’s denial of Royal’s motion for sentence modification.

Term. of Parent-Child Rel. of T.C. and K.N.; A.N. (Mother) and J.C. (Father) v. Indiana Dept. of Child Services (NFP)
72A01-1104-JT-249
Juvenile. Affirms termination of parental rights.

Nicole Nelson v. Review Board of Workforce Development and Madison Center, Inc. (NFP)
93A02-1105-EX-431
Agency appeal. Affirms dismissal of Nelson’s appeal to the Review Board of the Indiana Department of Workforce Development on the grounds she didn’t timely file it.

Shawn Thomas v. State of Indiana (NFP)
39A04-1105-CR-259
Criminal. Affirms denial of motion for withdrawal of guilty plea.

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

 

Opinions Dec. 22, 2011

7th Circuit Court of Appeals
M.B., by his parents and next friends, Damian Berns and Amy Berns v. Hamilton Southeastern Schools and Hamilton-Boone-Madison Special Services
10-3096
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms summary judgment in favor of the schools on the Berns’ suit that the schools violated the Individuals with Disabilities Education Act and the provisions relating to special education in the Indiana Administrative Code by failing to provide M.B. with a free appropriate public education. There was nothing unreasonable about the determination by the hearing officer, the Board of Special Education Appeals, and the District Court in finding that M.B. was making progress under his individualized education program. The Berns are also not entitled to reimbursement for the costs to place M.B. in a learning center or for attorney fees.

Judge upholds Delaware County smoking ban

Delaware Circuit Judge Marianne Vorhees refused to strike down an ordinance passed this summer by the county commissioners that enhanced the county’s smoking ban by prohibiting smoking in bars and private clubs. In her ruling Wednesday, she said those who are unhappy with the ordinance should use the political process to try to change it.

Court upholds finding man committed crime of domestic violence

The Indiana Court of Appeals affirmed the finding that a defendant committed a crime of domestic violence, which then made it illegal for him to possess a firearm in the future. The judges determined there was enough evidence to support the finding that the defendant and the victim were in a dating relationship, a key element in the charge.

Bingham McHale merging with Louisville firm

Indianapolis-based law firm Bingham McHale will merge with Louisville-based law firm Greenebaum Doll & McDonald, a regional firm that explored the possibility of merging with another Indiana firm three years ago.

Opinions Dec. 21, 2011 ILD

7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Court of Appeals
Hans Maldonado v. State of Indiana (NFP)
29A05-1104-CR-231
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.

Dominick L. Wilson v. State of Indiana (NFP)
45A04-1105-CR-219
Criminal. Affirms sentence following guilty plea to Class A felony voluntary manslaughter.

Arthur D. Miles v. State of Indiana (NFP)
49A02-1104-PC-320
Post conviction. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

Thomas Aufiero v. Daniel Ricks (NFP)
79A04-1107-PO-350
Protection order. Affirms entry of the protective order. Reverses order with respect to the provision limiting Aufiero from being present on the premises of Ricks’ place of employment and remands for reconsideration of that provision’s scope.

Jesse J. Dixon v. State of Indiana (NFP)
35A05-1003-CR-822
Criminal. Affirms convictions of and sentence for two counts of Class A felony child molesting and one count of Class C felony child molesting.

Lyndon J. Woodward v. State of Indiana (NFP)
02A05-1104-CR-219
Criminal. Affirms convictions of possession of paraphernalia as a Class A misdemeanor and two counts of Class D felony possession of a controlled substance.

Michael A. Caputo v. State of Indiana (NFP)
03A01-1103-PC-123
Post conviction. Affirms denial of petition for post-conviction relief.

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

Notre Dame to organize workshop on families and the law

The University of Notre Dame has been chosen as the U.S. partner in a British initiative that involves an international network considering the intersection of families and the state from interdisciplinary and comparative perspectives.

District Courts revise local rules

The U.S. District Courts for the Southern and Northern Districts of Indiana will be changing the style of Local Rules beginning Jan.1.

Justices suspend attorney for 18 months

Three Indiana justices decided that an attorney deserved an 18-month suspension for violating four rules of Professional Conduct, including charging an unreasonable fee. Justice Steven David didn’t participate in the case and Justice Robert Rucker believed the attorney only violated three of the rules and deserved a shorter suspension.

Marsh wins $19.5M judgment against Roche

A Hamilton Superior judge has awarded Marsh Supermarkets Inc. a total of $19.5 million in damages in a soured sublease deal with Swiss pharmaceutical- and medical-equipment-maker Roche.

Opinions Dec. 20, 2011 ILD

7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.

Indiana Court of Appeals
James R. Lockhart, Jr. v. Lisa (Lockhart) Guyer (NFP)
29A02-1103-DR-208
Domestic relation. Affirms trial court’s determination that quitclaim deed did not disallow wife to 45 percent of net value of property and remands to the trial court to determine wife’s share. Also remands with instructions to vacate order regarding attorney fees and to enter an order requiring the wife to repay husband overpayment of child support.

In the Matter of the Involuntary Term. of the Parent-Child Rel. of H.W. and H.S.; T.S. v. Indiana Dept. of Child Services (NFP)
48A02-1105-JT-470
Juvenile. Affirms termination of mother’s parental rights.

William Taylor v. State of Indiana (NFP)
06A04-1104-CR-272
Criminal. Affirms convictions of and sentences for two counts of Class A felony child molestation.

Gary Joe Harrison v. Bill Wilson (NFP)
46A05-1104-CR-226
Criminal. Affirms trial court’s grant of summary judgment in favor of Wilson and holds that the case was not properly before the trial court because Harrison failed to exhaust his administrative remedies through the Indiana State Prison in his efforts to receive educational credit time.

Christopher W. Hovis v. State of Indiana (NFP)
92A03-1011-CR-613
Criminal. Affirms sentence for Class C felony assisting a criminal.

Cherokee Development, Inc. v. Ohio Farmers Ins. Co. (NFP)
49A04-1106-CC-274
Collections. Affirms trial court’s grant of summary judgment in favor of Ohio Farmers Insurance Co. and denies Ohio Farmer’s request for appellate attorney fees.

James A. Mudd v. State of Indiana (NFP)
02A03-1105-CR-192
Criminal. Affirms convictions of Class A and Class C felony child molesting.

Andrew M. Royer v. State of Indiana (NFP)
20A04-1106-PC-325
Post conviction. Affirms denial of petition for post-conviction relief.

In Re: The Matter of the Term. of the Parent-Child Rel. of D.F. & R.F. and B.G. v. Indiana Dept. of Child Services (NFP)
84A01-1105-JT-308
Juvenile. Affirms termination of mother’s parental rights.

Thomas L. Kessinger v. State of Indiana (NFP)
10A01-1105-CR-240
Criminal. Dismisses appeal of sentence, as sentence has already been served.

Derrick D. Jeter, M.D. v. Medical Licensing Board of Indiana (NFP)
49A05-1101-MI-44
Miscellaneous. Reverses trial court’s dismissal of Jeter’s petition for judicial review of an order by the Medical Licensing Board of Indiana revoking his license, holding the dismissal for lack of personal jurisdiction was not warranted.

S. (M.) O. v. S.M. (NFP)
29A04-1104-DR-203
Domestic relation. Affirms trial court’s judgment ordering father to continue to provide health insurance for the parties’ children.

Great Hospitality Services, Inc. v. Karl Bauer (NFP)
64A03-1107-CT-295
Civil tort. Affirms trial court’s denial of motion to set aside default judgment in favor of Bauer on his personal injury complaint against Great Hospitality.

In Re: The Paternity of P.B.; D.B. v. M.B. (NFP)
03A01-1012-JP-653
Juvenile. On petition from both mother and father for rehearing, the appeals court stated that while it initially denied the father’s request for attorney fees, it now agrees that attorney fees should be assessed against the mother who has acted in procedural bad faith. Affirms original opinion that father’s parenting time was appropriate.

C.C. v. Review Board of the Ind. Dept. of Workforce Development and Employer (NFP)
93A02-1008-EX-1000
Civil. Affirms finding by the Indiana Department of Workforce Development Review Board that C.C. was terminated for just cause and therefore is not entitled to unemployment benefits.

Indiana Tax Court and Indiana Supreme Court had posted no opinions at IL deadline.