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Former auditor wins appeal on attorney fee issue

The Indiana Supreme Court decided a case seven years ago but left for another day the answer to a question about governmental attorney fees, and now that specific issue has found its way to an appeal before the state’s second-highest appellate court.

Opinions March 18, 2011 ILD

7th Circuit Court of Appeals
United States of America v. Dennis Jamison
10-1515
United States District Court for the Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms Jamison’s conviction of possessing a sawed-off shotgun, in violation of 26 U.S.C. sections 5861(d) and 5845(a). During his trial, the district court permitted the government to elicit testimony from Jamison’s wife on cross-examination regarding Jamison’s aggressiveness. Jamison appeals his conviction, arguing that the question and his wife’s response were irrelevant, unfairly prejudicial, unduly cumulative, and lacked foundation. The government claims that the evidence demonstrated Mrs. Jamison’s bias and motive to lie.

The Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Kimberly Devlin v. Daniel L. Peyton
49A02-1008-DR-902
Domestic relation. Affirms dissolution court’s ruling regarding Peyton’s (father) parenting time, which was not disputed by Devlin (mother). Vacates dissolution court’s findings and conclusions regarding adoption proceedings that were pending in adoption court. Mother appealed the dissolution court’s conclusion that it had jurisdiction to address the adoption question and that she failed to establish that father’s consent to the adoption was not required.

Ryan Michael Bodnar v. State of Indiana (NFP)
45A03-1010-CR-518
Criminal. Affirms conviction, pursuant to a guilty plea, of Class A felony dealing in narcotics.

The Indiana Tax Court posted no opinions before IL deadline.

Opinions March 18, 2011

7th Circuit Court of Appeals
United States of America v. Dennis Jamison
10-1515
United States District Court for the Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms Jamison’s conviction of possessing a sawed-off shotgun, in violation of 26 U.S.C. sections 5861(d) and 5845(a). During his trial, the district court permitted the government to elicit testimony from Jamison’s wife on cross-examination regarding Jamison’s aggressiveness. Jamison appeals his conviction, arguing that the question and his wife’s response were irrelevant, unfairly prejudicial, unduly cumulative, and lacked foundation. The government claims that the evidence demonstrated Mrs. Jamison’s bias and motive to lie.

Court of Appeals to hear arguments at ISU

The Indiana Court of Appeals of Indiana will hear oral arguments on an appeal regarding a defendant’s conviction of Class D felony sexual battery March 24 at 11 a.m. at Indiana State University’s Hulman Memorial Student Union.

Training for protective order volunteers

The Indiana Coalition Against Domestic Violence will host a training for volunteers for its Protective Order Pro Bono Project April 15 at its offices at 1915 W. 18th St., Indianapolis.

Court rules on early retirement benefits case

Employees who accept early retirement even in the worst economic times aren’t entitled to continued unemployment assistance, the Indiana Court of Appeals ruled today.

Opinions March 17, 2011 ILD

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Deago Tyree Hooper v. State of Indiana (NFP)
65A01-1005-CR-221
Criminal. Affirms conviction of Class B felony robbery.

Nicole Cooper v. State of Indiana (NFP)
34A02-1004-CR-507
Criminal. Affirms three-year sentence following conviction of unlawful possession of a syringe, a Class D felony.

Heather Lace v. State of Indiana (NFP)
20A05-1008-CR-521
Criminal. Affirms sentence of 40 years for Class A felony possession of methamphetamine in excess of 3 grams with intent to deliver.

James Freels v. Bethlehem Steel Corp. (NFP)
93A02-1007-EX-761
Civil. Affirms Indiana Worker’s Compensation Board’s dismissal of Freels’ Occupational Disease Act claim against his employer Bethlehem Steel Corporation.

John R. Willard v. State of Indiana (NFP)
20A04-1009-PC-565
Post conviction. Vacates Willard’s conviction of Class A felony attempted child molesting and remands for further proceedings consistent with this decision.

Raymond K. Haley v. Dalana K. Haley (NFP)
32A04-1009-DR-541
Domestic relations. Reverses trial court’s grant of the motion of appellee-respondent Dalana Haley for relief from judgment pursuant to Indiana Trial Rule 60(B)(8).

Jonathon Garrett v. State of Indiana (NFP)
49A02-1007-CR-798
Criminal. Vacates and remands with instructions Garrett’s sentence for Class D felony criminal confinement.

T.M. v. State of Indiana (NFP)
49A05-1008-JV-527
Juvenile. Affirms adjudication of T.M. as a juvenile delinquent for committing acts that would be burglary, attempted theft, and criminal mischief if committed by an adult.

Indiana Tax Court posted no opinions before IL deadline.
 

Law school dean on NFL Network as legal analyst

If you watch the NFL Network, you may have recognized a familiar name among the commentators. Indiana University School of Law – Indianapolis Dean Gary R. Roberts has been serving as an on-air legal analyst for the network discussing the current labor dispute between NFL owners and players.

7th Circuit upholds qualified immunity for DCS workers

Although sympathetic to a couple whose child was temporarily removed from the family’s home on child abuse concerns – a removal that was subsequently found not to be supported by probable cause –  the 7th Circuit Court of Appeals affirmed summary judgment for Department of Child Services employees on qualified immunity grounds.

Opinions March 16, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
North Willow Operating LLC, et al. v. Stephanie Clay
49A02-1004-CT-444
Civil tort. Dismisses appeal of North Willow Operating following the denial of their motion to dismiss, demand for arbitration and to compel arbitration. North Willow failed to timely bring the appeal.

Pioneer Title v. Chanda Gartin (NFP)
29A02-1004-SC-571
Small claims. Affirms judgment in favor of Gartin in a suit following Pioneer Title's disbursement of funds that were supposed to be held in an escrow account.

Natalie Long v. State of Indiana (NFP)
57A03-1009-CR-494
Criminal. Remands with instructions to inquire into Long’s ability to pay and modify the restitution order as appropriate and to set the manner of payment.

Duncan Dillard v. State of Indiana (NFP)
37A03-1007-CR-376
Criminal. Reverses conviction of Class C felony possession of cocaine.

Darby L. Hape v. State of Indiana (NFP)
19A01-1009-CR-499
Criminal. Affirms denial of petition for jail credit time.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions March 16, 2011

7th Circuit Court of Appeals
Mark Siliven, et al. v. Indiana Department of Child Services, et al.
10-2701
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms District Court conclusion that Terry Suttle, director of the Wayne County DCS, and case manager Amber Luedike were entitled to summary judgment on the federal claims on qualified immunity grounds, finding the constitutional rights allegedly violated were not clearly established in January 2008. Probable cause existed to remove C.S. from his father’s custody so there was no Fourth Amendment violation. The use of state action to protect C.S. from his father was reasonable.

2 U.S. attorneys retiring, replacements named

Joseph H. Hogsett, U.S. attorney for the Southern District of Indiana, has announced replacements for the two members of the office’s management team who are retiring next month.

Opinions March 15, 2011 ILD

Indiana Supreme Court
Debra L. Walker v. David M. Pullen
64S05-1101-CT-6
Civil tort. Reverses grant of Pullen’s motion to have a new trial and remands for the trial court to reinstate the original jury verdict of $10,070. The trial court judge only made general findings and not special findings as required by Indiana Trial Rule 59(J). Justice Dickson concurs in result.

Indiana Court of Appeals
Jason W. Hall v. State of Indiana
25A05-1008-CR-534
Criminal. Affirms sentence following guilty plea to two counts of Class B felony burglary. Hall didn’t establish an abuse of the trial court’s sentencing discretion or that his sentence is inappropriate. He also wasn’t denied credit time to which he was entitled.

Lovetha Smitherman v. Kroger Limited Partnership I, et al. (NFP)
49A02-1008-PL-880
Civil plenary. Affirms grant of partial summary judgment to Kroger upon Smitherman’s claim for negligent hiring and retention.

Susan Ricketts v. Subaru of Indiana Automotive (NFP)
93A02-1008-EX-1030
Civil. Affirms order of the Worker’s Compensation Board on Ricketts’ claim for disability and medical benefits arising from a work related accident.

L.M. v. B.S., et al. (NFP)
71A03-1010-MI-514
Miscellaneous. Affirms order denying grandmother L.M.’s verified petition for grandparent visitation.

Term. of the Parent-Child Rel. of S.H.; R.H. v. I.D.C.S. (NFP)
36A01-1008-JT-418
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions March 15, 2011

Indiana Supreme Court
Debra L. Walker v. David M. Pullen
64S05-1101-CT-6
Civil tort. Reverses grant of Pullen’s motion to have a new trial and remands for the trial court to reinstate the original jury verdict of $10,070. The trial court judge only made general findings and not special findings as required by Indiana Trial Rule 59(J). Justice Dickson concurs in result.

3 Indiana law schools ranked in top 80

Two Indiana law schools have again been ranked in the top 25 law schools on U.S. News & World Report’s annual list of top graduate schools.