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Opinions March 3, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Eddie M. Taylor v. State of Indiana
20A03-1003-CR-256
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class B felony dealing in cocaine. Taylor’s decision to proceed pro se was knowingly, intelligently, and voluntarily made and he was not denied the right to counsel, as he was appointed counsel the day before his trial was scheduled to begin.

State of Indiana v. Danny LeFlore (NFP)
49A05-1010-CR-698
Criminal. Reverses denial of the state’s motion to use pretrial statements of witnesses who had been excluded. Remands with instructions that the trial court hear the state’s evidence and make a determination as to whether LeFlore’s conduct rendered the witnesses unavailable for cross-examination and thus, whether LeFlore forfeited his right to confrontation.

J.L. v. State of Indiana (NFP)
49A02-1006-JV-791
Juvenile. Affirms restitution order following adjudication as a delinquent child for committing what would be Class D felony theft if committed by an adult.

C.H. v. State of Indiana (NFP)
49A02-1008-JV-912
Juvenile. Affirms adjudication as a delinquent child for committing acts that would be battery, criminal recklessness, and dangerous possession of a firearm if committed by an adult. Affirms order committing C.H. to the Department of Correction.

Term. of Parent-Child Rel. of A.C.; J.C. v. Tippecanoe County DCS (NFP)
79A04-1007-JT-495
Juvenile. Affirms involuntary termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions March 3, 2011

Indiana Court of Appeals
Indiana Association of Beverage Retailers, Inc. v. Indiana Alcohol and Tobacco Commission, et al.
49A02-1002-PL-125
Civil plenary. Affirms denial of the Indiana Association of Beverage Retailers’ motion for a preliminary injunction against the Indiana Alcohol and Tobacco Commission to enjoin the commission from issuing new beer dealer’s permits in locations in which the statutory limits on the number of beer dealer’s permits have been met or exceeded. The Commission’s interpretation of 7.1-3 is reasonable and doesn’t violate Title 7.1. The IABR also failed to show its members are likely to suffer irreparable harm if no injunction is issued.

Judges uphold IATC’s issuance of alcohol dealer permits

The Indiana Court of Appeals affirmed that an association comprised of retail package liquor stores isn’t entitled to injunctive relief preventing the state’s Alcohol and Tobacco Commission from issuing permits to stores in the same manner it has for the last 30 years.

Attorney General’s food drive competition begins March 14

The third annual March Against Hunger food drive challenge among law firms and lawyers around the state kicks off March 14. The Indiana Attorney General’s Office is teaming up again with the Indiana State Bar Association and Feeding Indiana’s Hungry to encourage the legal community help needy Hoosiers.

Investiture set for new tax judge

Indiana Tax Court Judge Martha Blood Wentworth’s formal robing ceremony will be held at 10:30 a.m. March 8 in the Indiana Supreme Court courtroom. Judge Thomas Fisher will preside over the ceremony.

Porter County can’t leave RDA

A northwestern Indiana county can’t withdraw from a regional development authority created by lawmakers to facilitate economic development, the Indiana Court of Appeals held Wednesday.

Competitor lacks standing for judicial review

A trial court was correct in dismissing the petition for judicial review from a liquor wholesaler who challenged the issuance of a wine and liquor permit to a competitor because the wholesaler lacked standing, ruled the Indiana Court of Appeals.

Opinions March 2, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Loren C. Lewis v. State of Indiana (NFP)
57A04-1008-CR-539
Criminal. Affirms sentence following conviction of nonsupport of a dependent child as a Class D felony.

Tauheedah Williams v. State of Indiana (NFP)
49A02-1007-CR-720
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

Michael Thompson v. State of Indiana (NFP)
49A02-1008-CR-842
Criminal. Affirms order revoking probation.

Brian Beaman v. State of Indiana (NFP)
49A02-1005-CR-583
Criminal. Affirms conviction of Class A misdemeanor battery.

Kenneth Carson v. State of Indiana (NFP)
67A04-1009-CR-585
Criminal. Remands for clarification of the number of days of credit time Carson should receive.

Steven Sanders v. State of Indiana (NFP)
58A01-1008-CR-388
Criminal. Affirms sentence imposed following revocation of probation.

Valdez Leshawn Reed v. State of Indiana (NFP)
34A02-1005-CR-624
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class B misdemeanors false informing and visiting a common nuisance.

Joni Shaw v. Covenant Care Waldron Home LLC (NFP)
73A04-1005-SC-317
Small claim. Affirms judgment in favor of Covenant Care in an action for the payment of fees incurred while Shaw’s mother was a resident at Waldron Health & Rehab Center.

Justin Floyd v. State of Indiana (NFP)
49A02-1005-CR-550
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Tommy A. Watson, Jr. v. State of Indiana (NFP)
48A04-1006-CR-406
Criminal. Affirms termination of Watson’s participation in a drug court program and order that he serve a sentence that had been stayed pending his successful completion of that program.

Indiana Spine Group, P.C. v. Hardigg Industries (NFP)
93A02-1008-EX-933
Civil. Reverses denial of Indiana Spine Group’s application for adjustment of claim for provider fee to recover the unpaid balance for services it rendered to an employee of Hardigg. Remands for further proceedings.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions March 2, 2011

Indiana Court of Appeals
County Council of Porter County v. Northwest Indiana Regional Dev. Authority, et al.
37A04-1004-CT-291
Civil tort. Affirms summary judgment for the Northwest Indiana Regional Development Authority and the denial of the council’s motion for summary judgment on the council’s complaint seeking declaratory judgment it has the right to withdraw from the RDA. Porter County cannot withdraw from the RDA and the council waived its argument that the original legislation establishing the RDA Act is unconstitutional special legislation.

COA adopts common-sense rule on providing insurance policies

The Indiana Court of Appeals has adopted a common-sense rule many other courts throughout the country have implemented, in requiring insurers to provide copies of their insurance policies to the insured if they ask for one following a loss.

7th Circuit seeks comment on e-filing rule changes

The 7th Circuit Court of Appeals is revising its rules to require initial electronic filing of all documents, and the federal appellate court is taking public comment for the next three weeks.

Opinions March 1, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
James Taylor and Nancy Taylor v. Ford Motor Co., et al.
49A02-1007-CT-823
Civil. Affirms trial court’s grant of defendants’ motion to dismiss for lack of subject matter jurisdiction. In their appeal, the Taylors argued the trial court did have subject matter jurisdiction. The Taylors filed a claim Feb. 12, 2009, that the defendants’ negligence caused James Taylor’s injuries which in turn caused his wife to lose the services of her husband. The defendants filed a motion to dismiss on March 26, 2010, claiming that the trial court lacked subject matter jurisdiction of the Taylors’ claims because Indiana’s worker’s compensation laws provided the exclusive remedy.

Tyson G. Keplinger v. State of Indiana (NFP)
35A02-1006-CR-610
Criminal. Affirms conviction of conspiracy to commit murder, a Class A felony, and attempted murder, a Class A felony.
 
A.K. and Jeffry G. Price v. K.M.K. (NFP)
34A05-1008-CT-522
Civil. Affirms trial court’s denial of Price’s request for attorney’s fees from appellee-respondent K.M.K., following K.M.K.’s action against A.K., which the trial court dismissed.
 
Denise Tinsley v. Marion T., LLC, et al. (NFP)
27A05-1008-CT-503
Civil. Affirms trial court’s grant of summary judgment in favor of appellees-defendants with respect to the estate’s claim for negligence resulting in Marvin Tinsley’s death.
 
Barry L. Johnson v. State of Indiana (NFP)
27A04-1006-CR-375
Criminal. Affirms trial court’s revocation of probation.
 
Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions March 1, 2011

Indiana Court of Appeals
Auto-Owners Insurance Company v. Gary Hughes
18A02-1006-PL-659
Civil. Reverses and remands entry of judgment in favor of appellee-plaintiff Gary Hughes on his contract claim in the amount of $166,792.83. Auto-Owners contends, inter alia, that the trial court erred in denying its summary judgment motion on the basis that Hughes’ suit was barred by a one-year limitation in the relevant insurance policy.

IBA: Attorneys needed for naturalization ceremonies

Twice a month, a ceremony at the U.S. Courthouse presided over by members of our federal judiciary formally grants citizenship to newly naturalized American citizens. It’s an awe-inspiring ceremony – and members of the IndyBar can be a part of it. An IndyBar representative participates in each ceremony reinforcing the role of attorneys in the […]

IBA: AIB Leadership Announced

When the Indianapolis Bar Association created the first-of-its-kind Attorneys for an Independent Bench (“AIB”) PAC last year, it charted a new course to address public perception of lawyers and the legal system.