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Even though Indiana courts strongly disfavor noncompete clauses in employment contracts as restraints of trade, the majority of Indiana Court of Appeals judges affirmed the grant of a preliminary injunction against a Porter County man. They found the company had a legitimately protectable interest in the man’s knowledge of its customers and market.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Debra K. Sands v. Helen HCI, LLC
06A01-1005-CC-231
Civil collections. Reverses denial of Sands’ motion to enforce a settlement agreement between herself, Helen HCI LLC and two other companies, providing for dismissal with prejudice of Helen HCI’s complaint against Sands in Indiana and dismissal with prejudice of Sands’ complaint against Helen HCI and the other companies in a Wisconsin suit. The parties entered into a binding contract which required the subsequent execution of a document memorializing their agreement and there is no uncertainty as to any substantial term of the settlement contract.
Sutton Funding, LLC v. Janusz Jaworski, First Midwest, et al./First Midwest Bank v. Sutton Funding
49A02-1006-MF-709
Mortgage foreclosure. Reverses summary judgment for First Midwest Bank and Janusz Jaworski in its complaint to foreclose on the 2004 mortgage and assertion that it was in first lien position on the property. Sutton Funding also filed a complaint to foreclose against Jaworski and First Midwest on the 2007 mortgage, which it had financed on the same property, and note. Indiana Code Section 32-29-6-13 requires Sutton Funding be provided with a release of the mortgage at issue and that summary judgment be granted in its favor.
Ronald A. Steenbeke v. State of Indiana (NFP)
20A03-1006-CR-344
Criminal. Affirms convictions of Class A misdemeanor operating a vehicle while intoxicated and Class B misdemeanor failure to stop after damage to property other than a vehicle.
Roy Kresel v. State of Indiana (NFP)
52A02-1010-CR-1190
Criminal. Affirms sentence following guilty plea to Class B felony aggravated battery.
Dorris Merriweather, III v. State of Indiana (NFP)
02A05-1008-CR-514
Criminal. Affirms sentence following guilty plea to one count of Class A felony attempted murder and two counts of Class A felony child molesting.
Michael S. Polites v. State of Indiana (NFP)
68A01-1004-CR-150
Criminal. Affirms partial denial of Polites’ motion to suppress.
State of Indiana v. Jason Patton (NFP)
66A03-1008-CR-476
Criminal. Reverses grant of Patton’s motion for discharge and remands for further proceedings.
Oscar Delatorre v. State of Indiana (NFP)
49A04-1008-CR-471
Criminal. Affirms conviction of Class B felony robbery.
Robert Beeler v. State of Indiana (NFP)
49A04-1007-CR-456
Criminal. Affirms conviction of Class D felony intimidation.
Daniel W. Myers v. State of Indiana (NFP)
52A05-1007-CR-540
Criminal. Affirms sentence following guilty plea to Class D felony operating a motor vehicle as a habitual traffic violator and Class D felony invasion of privacy.
M.C. v. State of Indiana (NFP)
49A02-1007-JV-843
Juvenile. Affirms determination that M.C. committed what would be Class B felony robbery if committed by an adult.
Billy James Huff, Jr. v. State of Indiana (NFP)
16A05-1010-CR-659
Criminal. Revises Huff’s sentence following guilty plea to Class D felonies possession of methamphetamine and possession of paraphernalia. Remands for his two-year sentences to be served consecutively.
William Smith v. Arbor Woods Apartments (NFP)
25A03-1005-CT-262
Civil tort. Reverses summary judgment for Arbor Woods Apartments in Smith’s suit after he fell on ice in front of his apartment. Remands for further proceedings. Judge Brown dissents.
James C. Gaskill v. State of Indiana (NFP)
86A03-1008-CR-563
Criminal. Affirms sentence following guilty plea to Class B felony aggravated battery.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Debra K. Sands v. Helen HCI, LLC
06A01-1005-CC-231
Civil collections. Reverses denial of Sands’ motion to enforce a settlement agreement between herself, Helen HCI LLC and two other companies, providing for dismissal with prejudice of Helen HCI’s complaint against Sands in Indiana and dismissal with prejudice of Sands’ complaint against Helen HCI and the other companies in a Wisconsin suit. The parties entered into a binding contract which required the subsequent execution of a document memorializing their agreement and there is no uncertainty as to any substantial term of the settlement contract.
Magistrate Judge Mark J. Dinsmore of the United States District Court for the Southern District of Indiana will be formally sworn-in Friday at the federal courthouse in Indianapolis.
The Indiana Court of Appeals addressed vouching testimony by witnesses called during child molesting trials in two opinions Tuesday. In one case, an appellate judge was troubled by the possible effect of the cumulative vouching testimony on the jury.
The 7th Circuit Court of Appeals addressed an issue involving crack cocaine sentencing Tuesday – whether a defendant sentenced under the career offender guideline, but with a downward departure for substantial assistance, is eligible for a sentence reduction under 18 U.S.C. Section 3582(c)(2).
7th Circuit Court of Appeals
United States of America v. Roger D. Slone
09-4089
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms conviction of conspiracy to distribute marijuana and sentence of 120 months in prison. The search incident to his arrest was reasonable and the vehicle evidence was properly admitted against him.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Allstate Insurance Company v. Gary R. Love
32A01-1005-CT-239
Civil tort. Affirms the trial court properly denied Allstate’s request to set aside default judgment entered in favor of Love. Love’s counsel did not commit misconduct when he failed to notify Dietrick before seeking default judgment against Allstate because he didn’t know Dietrick represented Allstate on this claim. The trial court’s award of $255,000 to Love was interlocutory and therefore Allstate may still appear and be heard as to the amount of damages resulting from the judgment. Remands for a hearing on the damages award.
Craig Dennis v. Board of Public Safety of Fort Wayne, Indiana
02A03-1007-PL-379
Civil plenary. Reverses order of dismissal of Fort Wayne police officer Dennis’ complaint for judicial review after the Board of Public Safety denied his request for back pay. His indefinite unpaid leave pending the outcome of the criminal charge was a suspension of greater than five days, thus subject to judicial review. The board’s decision became final when it denied Dennis’ request for back pay, such that his complaint for judicial review was timely filed. Remands for further proceedings.
James C. Taylor v. State of Indiana
02A03-1003-CR-194
Criminal. Affirms convictions of and sentence for Class A felony burglary; Class B felony criminal deviate conduct; Class B felony attempted rape; jury verdict he is guilty but mentally ill of a second charge of criminal deviate conduct and of Class D felony sexual battery; and jury determination that he is a habitual offender. The trial court did not abuse its discretion in refusing to give the tendered instruction on residential entry. The state established a foundation for the admission of a letter Taylor wrote to an Allen County judge pursuant to Indiana Rule of Evidence 901 and the court did not abuse its discretion by admitting it.
Paul J. Kocielko v. State of Indiana
20A03-1002-CR-218
Criminal. Grants rehearing and affirms the decision of the trial court in all respects, except the 30-year habitual offender enhancement imposed upon the Class C felony conviction of sexual misconduct with a minor. Instructs the trial court to vacate this enhancement because Kocielko’s Class B felony sentence was so enhanced.
Jamie Escobedo v. State of Indiana (NFP)
71A04-1004-CR-300
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.
Robert D. Neal, Jr. v. State of Indiana (NFP)
60A05-1009-CR-596
Criminal. Affirms sentence following guilty plea to Class D felony receiving stolen property and Class A misdemeanor resisting law enforcement.
Naugle Gibson v. State of Indiana (NFP)
49A05-1007-CR-404
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
Term. of Parent-Child Rel. of L.S.; A.S. v. IDCS (NFP)
02A03-1007-JT-385
Juvenile. Affirms termination of parent-child relationship.
Gregory Preyer v. State of Indiana (NFP)
49A05-1007-CR-397
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.
Larry Burdette (deceased) v. Perlman-Rocque Company (NFP)
93A02-1007-EX-770
Civil. Affirms denial of application for adjustment of claim.
Elizabeth S. Mathias v. State of Indiana (NFP)
35A02-1009-CR-1079
Criminal. Affirms revocation of probation.
Leo Machine & Tool, Inc., et al. v. Gary M. Gerardot (NFP)
02A03-1006-PL-365
Civil plenary. Affirms summary judgment that Geradot had no notice of a defect in the electrical wiring of the premises he owned, and thus did not owe Leo Machine and other appellants a duty to maintain and repair the premises’ electrical system. Affirms denial of the appellants’ motions for sanctions for spoliation of evidence against Geradot.
Anthony McCoy v. State of Indiana (NFP)
49A02-1007-CR-746
Criminal. Affirms convictions of Class B felony robbery, Class A misdemeanor criminal recklessness and Class A misdemeanor intimidation.
In the Matter of T.R., Alleged to be CHINS; S.S. & R.R. v. IDCS (NFP)
52A05-1008-JC-544
Juvenile. Affirms determination T.R. is a child in need of services. Remands with instructions for the court to issue an amended dispositional order which includes written reasons and findings for the disposition based upon the evidence presented at the fact-finding and dispositional hearings in accordance with Indiana Code Section 31-34-19-10.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
United States of America v. Roger D. Slone
09-4089
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms conviction of conspiracy to distribute marijuana and sentence of 120 months in prison. The search incident to his arrest was reasonable and the vehicle evidence was properly admitted against him.
The Indiana Supreme Court has appointed Indianapolis attorney Jane H. Conley as Judge Pro Tempore in Marion Superior Court, according to a Feb. 16 order posted on the court’s website this week.
The Supreme Court of the United States denied one prisoner lawsuit from Indiana today, while not saying whether it will address another case from this state on judicial speech. No decision was made on a third Hoosier case it heard arguments on more than a month ago addressing vehicular flight.
A Marion man will be honored in March by the National Court Appointed Special Advocates Association with the G.F. Bettineski Child Advocate of the Year Award. Frank West of CASA of Grant County will receive the award during the association’s 30th annual national conference in Chicago.
A case involving a Bloomington real estate transaction required the Indiana Court of Appeals to decipher the statutes in question without the aid of previous interpretations because of a lack of previous caselaw interpreting them.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Jammy Daniels v. State of Indiana (NFP)
20A05-1006-PC-359
Post conviction. Reverses decision to decline to vacate Daniels’ habitual-offender sentencing enhancements. Remands for re-sentencing.
Donald Baker III v. State of Indiana (NFP)
49A05-1006-CR-349
Criminal. Affirms convictions of Class A misdemeanors battery and trespass.
Jimmy Vance v. Caesars Entertainment, Inc. (NFP)
31A04-1007-CC-501
Civil collections. Affirms judgment ordering Vance to pay Caesars Entertainment $75,000, money advanced to him from his established line of credit to gamble at the casino.
Joe E. Smitson v. State of Indiana (NFP)
82A04-1004-CR-248
Criminal. Affirms convictions of Class C misdemeanors operating a vehicle while intoxicated and operating a vehicle with a BAC of 0.08 or greater, which were later enhanced to Class D felonies after Smitson pleaded guilty to felony enhancements after he was convicted.
Kenneth Bradley v. State of Indiana (NFP)
34A04-1009-CR-595
Criminal. Affirms revocation of probation and execution of remainder of suspended sentence.
Juan Stallworth v. State of Indiana (NFP)
49A05-1007-CR-401
Criminal. Affirms convictions of Class D felonies battery and intimidation and Class A misdemeanors criminal recklessness and driving while suspended.
Rick Delon v. Timothy Rallings, et al. (NFP)
34A04-1006-PL-355
Civil plenary. Affirms judgment in favor of the Rallings on their complaint for breach of contract in the sale of residential real estate.
Eric Welch v. State of Indiana (NFP)
27A02-1007-CR-893
Criminal. Affirms aggregate 71-year sentence for four counts of Class A child molesting, three counts of Class B felony sexual misconduct with a minor, and Class A misdemeanor contributing to the delinquency of a minor.
Term. of Parent-Child Rel. of T.G.; P.D.G. v. IDCS, Vanderburgh County Office (NFP)
82A05-1007-JT-465
Juvenile. Affirms termination of parental rights.
Paternity of W.H.; S.S. v. D.L.H. (NFP)
35A02-1008-JP-987
Juvenile. Dismisses appeal by S.S. of trial court’s finding that there exists a preset order for college expenses for his child and the mother has the right to file for amendment of that order.
Adoption of T.L.; D.F., K.F. v. M.J. (NFP)
49A04-1005-AD-310
Adoption. Affirms denial of D.F. and K.F.’s cross-petition for adoption of T.L. and grant of the petition for adoption filed by T.L.’s half brother.
Duane Walters v. Home Bank, S.B., et al. (NFP)
55A01-1005-MF-193
Mortgage foreclosure. Reverses judgment of foreclosure and remands for further proceedings. Affirms the partial summary judgment upon the note borrowing money from Home Bank.
Term. of Parent-Child Rel. of J.J. and H.J.; H.A. v. IDCS (NFP)
64A03-1007-JT-358
Juvenile. Affirms termination of parental rights.
Scott Malott v. State of Indiana (NFP)
54A04-1006-CR-356
Criminal. Affirms convictions of and sentence for murder and Class B felony confinement.
Randall Spears v. State of Indiana (NFP)
49A02-1007-CR-726
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Joshua Burke v. State of Indiana
49A02-1006-CR-660
Criminal. Affirms conviction of Class B felony burglary. Indiana Code Section 35-43-2-1(1)(B)(ii), which enhances burglary from a Class C felony to Class B felony if the building or structure burgled is used for religious worship, does not violate the Establishment Clause of the First Amendment or Article 1, Section 4 of the Indiana Constitution.
The Indiana Court of Appeals ruled against a man who argued the enhancement of his burglary conviction to a Class B felony because he burgled a church violated the federal and state constitutions. In the first impression issue, the judges held the enhancement doesn’t violate the Establishment Clause of the First Amendment or Article 1, Section 4 of the Indiana Constitution.
The Indiana University School of Law – Indianapolis, Neighborhood Christian Legal Clinic, and the Central Indiana Peace Corps Association are hosting a poverty law event that will discuss issues facing American families.
For the first time, the Indiana Court of Appeals addressed a contract that included a provision stating the signee is responsible for 40 percent in attorney fees if a hospital had to initiate collection efforts to recover amounts owed.
The Indiana Department of Child Services and IARCCA, an Association of Children and Family Services, announced their agreement today in a dispute regarding reimbursement rate cuts. The dispute led to a lawsuit filed in late 2009 between the two organizations.
An Indiana Court of Appeals judge expressed concern that a woman’s criminal case may be affected by her admittance of violating several city ordinances after her dogs attacked two people.
Indiana Supreme Court history buffs have a new book to read. The Indiana Historical Society Press has published “Justices of the Indiana Supreme Court,” which explores the lives of the state’s 106 justices.