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Bankruptcy Court seeks public comment

The United States Bankruptcy Court for the Northern District of Indiana is seeking public comment concerning proposed changes to the court’s local rules. The changes involve the rule, B-2014-1, Employment of Professionals by Debtor-in-Possession.

Justices won’t intervene in secretary of state eligibility case

Ruling on an emergency transfer request, the Indiana Supreme Court today accepted Secretary of State Charlie White’s appeal against the state’s Democratic Party and ruled it won’t put a halt to the case while a recount investigation and criminal voter fraud proceedings are ongoing.

Mother’s rights at issue in COA reversal

The Indiana Court of Appeals has reversed a paternity ruling from Vanderburgh County, finding that the judge should have taken a second look at the case after a mother wasn’t given a chance to be properly heard on custody of her child.

ISBA responds to fallout from split Supreme Court ruling

The Indiana State Bar Association issued a statement today addressing the outrage being expressed by many people concerning a state Supreme Court decision last week, which held individuals don’t have the right to resist police who enter private residences, even if those entries are illegal.

Opinions May 20, 2011 ILD

7th Circuit Court of Appeals
Digitech Computer, Inc. v. Trans-Care, Inc.
10-1525 & 10-1652
Civil. Affirms decisions on fraud and breach of contract, but vacates damages awarded and remands for a new calculation of damages and fees in accordance with opinion.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jose Serrano-Lopez v. State of Indiana (NFP)
49A05-1005-CR-294
Criminal. Affirms conviction of one count of Class A felony rape, one count of Class A felony criminal deviate conduct, and other related charges.

Maurice A. Davis v. State of Indiana (NFP)
49A02-1008-PC-1005
Post-conviction relief petition. Affirms denial of post-conviction relief petition.

Timothy Robinson v. State of Indiana (NFP)
09A02-1007-CR-848
Criminal. Affirms the trial court’s ruling allowing the state to amend its charging information and reverses the court’s aggregate sentence of 66 years and remands for resentencing consistent with opinion.

Invol. Term. of Parent-Child Rel. of M.R. and A.M.; A.M. & B.M. v. IDCS (NFP)
79A02-1008-JT-1191
Juvenile termination of parental rights. Affirms termination of parental rights for both parents.

Donald Fulk, Jr. v. State of Indiana (NFP)
32A01-1007-CR-381
Criminal. Affirms conviction for Class B felony aggravated battery.

Justin Lee Cogswell v. State of Indiana (NFP)
29A02-1008-CR-1043
Criminal. Affirms conviction for Class A misdemeanor battery.

Indiana Tax Court had posted no opinions at IL deadline.

 

COA to hear arguments in trademark case at Merrillville High School

The Indiana Court of Appeals will hear oral argument in An-Hung Yao v. State of Indiana and Yu-Ting Lin v. State of Indiana at 12:30 p.m. (CDT) May 25, 2011, at Merrillville High School in the Freshman Center Lecture Hall. A panel of judges consisting of Chief Judge Margret G. Robb, Judge Michael P. Barnes, and Judge Terry A. Crone will hear the case on appeal from Huntington Circuit Court.

COA: Tractor sale contract not enforceable

The Indiana Court of Appeals says it’s against public policy to uphold any civil contract that’s based on an illegal action, and so the court says it won’t create a rule allowing that transaction agreement to be enforced.

Justices decide golf ball injury case

Taking a swing at an issue of first impression, the Indiana Supreme Court has ruled on a golf ball injury case and rejected the concept that a sporting event participant owes no duty of care to protect others from inherent risks of the sport in all situations.

Opinions May 19, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Tameka Caldwell v. State of Indiana (NFP)
49A02-1007-CR-751
Criminal. Affirms sentences for two counts of Class C felony forgery, one count of Class D felony perjury, and two counts of Class D felony auto theft.

Mark Kramer, et al. v. Kramer Furniture and Cabinet Makers, Inc., et al. (NFP)
71A04-1008-PL-599
Civil plenary. Affirms entry of judgment in favor of Kramer Furniture and Cabinet Makers on Kramer Furniture’s complaint on account, for breach of contract and unjust enrichment on the Kramers’ counterclaim, and on the Kramers’ third-party complaint against Thomas Kramer.

Nathaniel Dawn v. State of Indiana (NFP)
49A02-1010-CR-1136
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

A.B. v. State of Indiana (NFP)
49A04-1010-JV-668
Juvenile. Affirms admission of contraband evidence. A.B. was not in custody when during a pat-down search police the found the contraband evidence, meaning A.B. was not entitled to a Miranda warning.

Carl C. Tucker v.State of Indiana (NFP)
05A05-1010-CR-779
Criminal. Affirms convictions for Class C felony operating a motor vehicle while privileges are forfeited for life and Class A misdemeanor resisting law enforcement. Affirms aggregate sentence of eight years.

Robert A. Nelson, Jr. v. State of Indiana (NFP)
91A02-1012-CR-1291
Criminal. Affirms conviction for Class C felony disarming a law enforcement officer.

Indiana Tax Court had posted no opinions at IL deadline.

Opinions May 19, 2011

Indiana Court of Appeals
James S. Tracy v. Steve Morell, et al.
59A01-1009-PL-488
Civil plenary. Affirms trial court’s ruling that James Tracy failed to meet his burden of proof on his fraud claim in the sale of a tractor. Reverses court’s ruling that Tracy owed a balance on the promissory note, stating the contract for sale of the tractor is unenforceable because there was a mutual mistake of fact between the parties and the contract violates public policy. Holds that Tracy is entitled to the contract for sale of the tractor and to a money judgment in the amount he has paid on the note together with interest.

Justices suspend former judge for misconduct

The Indiana Supreme Court has suspended a northwest Indiana attorney for helping a litigant whose cases he’d presided over more than a decade ago when he was a Jasper Superior judge.

Maurer law school creates new IP research center

Indiana University Maurer School of Law has launched the Center for Intellectual Property Research. The center will support the study of all aspects of intellectual property law and related fields, and it will be located inside the law school’s main building.

Opinions May 18, 2011 ILD

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

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions May 18, 2011

Tyrus D. Coleman v. State of Indiana
20S03-1008-CR-458
Criminal. Affirms Coleman’s conviction of and sentence for attempted murder. The Double Jeopardy Clause of the U.S. Constitution doesn’t preclude the state from retrying a defendant where in the first trial the jury acquitted him of murder with respect to one person but failed to return a verdict on a charge of attempted murder with respect to another man.

High court rules man could be retried

The Double Jeopardy Clause of the U.S. Constitution doesn’t prevent the state from retrying a man who was acquitted by a jury in the murder of one person, but in which the jury couldn’t return a verdict on the defendant's attempted murder charge of another man, the Indiana Supreme Court held Wednesday.