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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.

Recent changes impact state justice system

National and state advocates pushing for wrongful conviction reforms judged that Indiana was behind other jurisdictions in strengthening its justice system, but they emphasized that ongoing discussions were a good starting point for the Hoosier legal community.

Opinions May 17, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
R.P. & L.P., Alleged to be C.H.I.N.S.; N.P. v. I.D.C.S.
84A05-1010-JC-650
Juvenile. Affirms findings that the children are children in need of services. The trial court had jurisdiction even though it failed to conduct a fact-finding hearing within the 60-day statutory time limit. The Department of Child Services produced sufficient evidence to prove by a preponderance of the evidence that R.P. and L.P. are CHINS. The trial court’s findings did not violate the mother’s right to procedural due process.

Ronald E. Lewis v. State of Indiana (NFP)
87A04-1008-CR-535
Criminal. Affirms in part the denial of credit time. Reverses in part as it appears Lewis didn’t receive credit time for one day and remands to the trial court to credit him with one additional day of time served while confined awaiting sentencing for another case.  

Jill (Lambert) Fox v. Jeffrey Lambert (NFP)
32A01-1010-DR-524
Domestic relation. Affirms trial court’s findings of fact, conclusions of law and judgment, finding Jill Fox in contempt and extending parenting time in favor of Jeffrey Lambert.

Shonk Electric, Inc. v. Siemens Medical Solutions USA, Inc. (NFP)
55A05-1009-CC-554
Civil collection. Affirms entry of summary judgment in favor of Siemens and award of attorney fees in favor of Siemens. Remands for the trial court to determine Siemens’ appellate attorney fees.

David H. Brown v. State of Indiana (NFP)
29A02-1009-CR-1100
Criminal. Affirms sentence following guilty plea but mentally ill to two counts of child molesting, one as a Class A felony, one as a Class C felony.

Deborah P. Keever v. State of Indiana (NFP)
57A03-1010-CR-525
Criminal. Affirms conviction of Class A misdemeanor false informing.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions May 17, 2011

Indiana Court of Appeals
Citimortgage, Inc. v. Shannon S. Barabas, et al.
48A04-1004-CC-232
Civil collection. Affirms grant of amended default judgment in favor of ReCasa Financial Group and Rick Sanders. The trial court did not abuse its discretion when it found that Indiana Code Section 32-29-8-3 precluded Citimortgage’s claim because Citimortgage failed to intervene more than a year after it first acquired interest in the property. When Irwin Mortgage filed a petition and disclaimed its interest in the foreclosure, MERS, as mere nominee and holder of nothing more than bare legal title to the mortgage, did not have an enforceable right under the mortgage separate from the interest held by Irwin Mortgage. Judge Brown dissents.

Judges split on mortgage issue

In a case of first impression between a lender and the mortgagee on record, the Indiana Court of Appeals was divided as to whether the mortgagee on record had an enforceable right under a mortgage.

Supreme Court receives threats after ruling

The Indiana Supreme Court has received threatening calls and emails following a ruling last week in which the high court said Hoosiers can’t resist unlawful entry into their homes by police.

Justices take 6 cases

The Indiana Supreme Court has granted transfer to six cases and declined to take 22 others.

Tax Court warns against arguing wages aren’t taxable

In rejecting a man’s argument that his employment wages shouldn’t be subject to Indiana’s adjusted gross income tax, the Indiana Tax Court warned that those who present a similar argument in the future may be subject to paying the attorney fees of the other party.

Opinions May 16, 2011 ILD

Indiana Supreme Court had posted no opinion at IL deadline

Indiana Court of Appeals
Dante A. Webb v. State of Indiana (NFP)
45A04-1007-PC-459
Post conviction. Affirms denial of petition for post-conviction relief.

Joseph J. Pajot v. Maryann A. Pajot (NFP)
71A03-1006-DR-394
Domestic relation. Affirms equal division of an account comprised of Joseph Pajot’s inheritance from his parents. Reverses order Joseph reimburse Maryann Pajot $2,920 for medical expenses. Remands for correction of that amount.

Patricia A. Tackett v. State of Indiana (NFP)
18A02-1008-CR-1053
Criminal. Reverses convictions of Class B felony rape, Class B felony sexual misconduct with a minor, and Class D felony child solicitation.

Eugene Bowers v. State of Indiana (NFP)
49A04-1003-PC-274
Post conviction. Affirms denial of petition for post-conviction relief.

State of Indiana v. Danny LeFlore (NFP)
49A05-1010-CR-698
Criminal. On rehearing, affirms original opinion in all respects except the remand for the trial court to hold a hearing because the charges against LeFlore have been dismissed.

Jennifer Lukens v. Chad A. Baxter (NFP)
25A03-1009-DR-449
Domestic relation. Affirms denial of Lukens’ petition for citation of indirect contempt of court.

Josh Coffey v. State of Indiana (NFP)
55A01-1005-CR-275
Criminal. Affirms denial of motion to correct erroneous sentence.

Robyn N. Hogan v. State of Indiana (NFP)
45A03-1006-CR-309
Criminal. Affirms sentence following guilty plea to three counts of Class B felony dealing in cocaine.

Latonya Plummer v. State of Indiana (NFP)
49A02-1010-CR-1077
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Town of Clarksville v. Shirley Makowsky and Indiana Fraternal Order of Police Labor Council, Inc. (NFP)
10A04-1008-PL-531
Civil plenary. Affirms declaratory judgment in favor of Makowsky and the Indiana Fraternal Order of Police Labor Council.

Cindy Lee Bell v. State of Indiana (NFP)
71A05-1010-CR-692
Criminal. Affirms conviction of Class D felony possession of cocaine.

Stephen M. Park and Shirley Park v. William F. Eckhart (NFP)
49A04-1011-CT-734
Civil tort. Reverses summary judgment in favor of Eckhart on the Parks’ complaint alleging negligence. Remands for further proceedings.

 

Opinions May 16, 2011

Indiana Court of Appeals
The William C. Haak Trust v. William J. Wilusz and Judith A. Wilusz, Benjamin Luna
64A04-1008-PL-567
Civil plenary. Affirms judgment in favor of Luna on the trust’s quiet title action seeking an easement of necessity and reverses the judgment in favor of the Wiluszes. The trust has a right to an easement of necessity across the Wiluszes’ parcel, but not over Luna’s land. Remands with instructions to enter judgment in favor of the trust and take evidence sufficient to allow it to locate the easement of necessity across the Wiluszes’ land.

DOC drops kosher meal appeal

The 7th Circuit Court of Appeals has granted the Indiana Department of Correction and other appellants’ motion to dismiss their appeal of a case in which a federal judge found the DOC violated prisoners’ rights by denying kosher meals.

COA orders trial court to define, locate easement

A trial court erred in denying a trust’s request for an easement of necessity relating to a certain parcel of land because the previous property owners didn’t grant themselves an easement before they transferred the land to the trust, ruled the Indiana Court of Appeals.

Opinions May 13, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Melody D. Linenburg v. Mark A. Linenburg
82A01-1011-DR-625
Domestic relation. Affirms provisional order awarding father primary physical custody of the children and possession of the marital residence during the pendency of the dissolution proceeding. The mother failed to establish an abuse of discretion and the court declines to reweigh the evidence.

Raymond Shook v. State of Indiana (NFP)
49A05-1007-PC-461
Post conviction. Affirms denial of motion to remove Shook’s status as a sexually violent predator.

Julio Azpeitia v. State of Indiana (NFP)
09A05-1012-CR-796
Criminal. Affirms convictions of and sentence for Class A misdemeanor driving while suspended and Class B misdemeanor public intoxication.

Michael Yang v. State of Indiana (NFP)
49A04-1006-CR-351
Criminal. Affirms convictions of and sentence for felony murder and Class A misdemeanor invasion of privacy.

Steven Foernzler v. State of Indiana (NFP)
49A02-1007-CR-827
Criminal. Affirms convictions of Class A felony attempted murder and Class D felony residential entry.

Reginald N. Person, Jr., et al. v. Carol A. Shipley (NFP)
20A03-1008-CT-463
Civil tort. Reverses jury verdict in favor of Shipley and remands for further proceedings.

Michael Hale v. State of Indiana (NFP)
43A05-1010-PC-697
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions May 13, 2011

Indiana Court of Appeals
Melody D. Linenburg v. Mark A. Linenburg
82A01-1011-DR-625
Domestic relation. Affirms provisional order awarding father primary physical custody of the children and possession of the marital residence during the pendency of the dissolution proceeding. The mother failed to establish an abuse of discretion and the court declines to reweigh the evidence.

Ethics commission fines, bans attorney from state employment

The Indiana State Ethics Commission has found a former general counsel and chief administrative law judge for the Indiana Utility Regulatory Commission violated the law when he participated in decisions involving his future employer, Duke, while still with the IURC.