JTAC fee bill amended, other bills moving
The Senate bill aimed at increasing the automated record-keeping fee to pay for a statewide case management system made it out of committee, but not before legislators decreased the fee beginning this year.
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Cuts proposed to LSC budget would affect ILS
Among approximately 70 proposed budget cuts, the U.S. House Appropriations Committee has proposed cutting $75 million, or 17 percent of the budget for the Legal Services Corporation, which funds 136 civil legal aid programs around the country, the committee announced Wednesday.
Justices find statute doesn’t apply to landfill facility
The Indiana Supreme Court has ruled on a 30-year fight between the owners of a proposed landfill and neighbors, ruling that a new law doesn’t apply to the facility or require it to get a new permit.
Opinions Feb. 10, 2011, ILD
Indiana Court of Appeals
Beneficial Indiana, Inc. v. Joy Properties, LLC
02A05-1005-PL-260
Civil plenary. Reverses order to the Allen County treasurer and auditor that it disburse to Joy Properties the surplus funds from a tax sale of real estate in Fort Wayne that Beneficial had an interest in. Beneficial has a more substantial interest in the real estate and that equity requires disbursement of the tax surplus funds to Beneficial.
Nexus Group Inc. v. Heritage Appraisal Service and Alan Landing
46A03-1007-PL-418
Civil plenary. Affirms summary judgment in favor of Heritage Appraisal Service and Landing in Nexus’ complaint for defamation per se, defamation per quod, and punitive damages. It is undisputed that Heritage’s statements related to a matter of public interest and that Nexus failed to designate any evidence showing that Heritage acted in bad faith or without a reasonable basis in law and fact when it made its statements in the letter. Remands for a hearing on appellate attorney fees.
Charles E. Justise, Sr. v. Jerry Huston, et al. (NFP)
77A01-1009-MI-511
Miscellaneous. Affirms dismissal of Justise’s pro se complaint against Jerry Huston and Karen Richards alleging they denied him access to legal research materials while he was in the Wabash Valley Correctional facility.
Ernest Smith v. State of Indiana (NFP)
49A05-1006-CR-339
Criminal. Affirms convictions of Class D felony attempted theft and Class B misdemeanor unauthorized entry of a motorized vehicle.
Term. of Parent-Child Rel. of B.B. & M.B.; K.A. & B.B. v. I.D.C.S. (NFP)
33A01-1007-JT-379
Juvenile. Affirms termination of parent-child relationship.
Willie G. Pargo v. State of Indiana (NFP)
49A02-1005-CR-573
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class C felony possession with a firearm, and Class B felony unlawful possession of a firearm by a serious violent felon.
Charles Durham v. State of Indiana (NFP)
49A04-1006-PC-363
Post conviction. Affirms denial of petition for post-conviction relief.
Stephan D. Parks v. State of Indiana (NFP)
49A02-1006-CR-631
Criminal. Affirms sentence for voluntary manslaughter as a Class A felony.
Daniel A. Demaree v. State of Indiana (NFP)
55A01-1005-CR-295
Criminal. Affirms convictions of and sentence for five counts of Class A felony child molesting.
Rextori Pizza, et al. v. Dutch Mill Plaza, LLC (NFP)
90A02-1008-CC-920
Civil collections. Affirms order entering final judgment in favor of Dutch Mill Plaza on its complaint against Rextori for breach of contract and on Rextori’s counterclaims for wrongful eviction and conversion. Remands for a hearing on appellate attorney fees.
Douglas Alan Baker, Jr. v. State of Indiana (NFP)
42A01-1006-CR-320
Criminal. Affirms conviction of maintaining a common nuisance as a Class D felony.
James McMahon v. State of Indiana (NFP)
49A02-1004-CR-416
Criminal. Affirms conviction of Class C felony child molestation.
Michael A. Thompson v. State of Indiana (NFP)
53A01-1001-CR-24
Criminal. Affirms conviction of Class B felony aggravated battery.
L.P. v. State of Indiana (NFP)
49A02-1006-JV-766
Juvenile. Reverses order modifying probation and suspended commitment and remands for further proceedings.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Feb. 10, 2011
Indiana Supreme Court
Killbuck Concerned Citizens Association v. J.M. Corporation and Ralph Reed
48S00-1003-PL-158
Civil plenary. Reverses trial court grant of J.M. Corporation’s motion for summary judgment on the grounds that Indiana Code Section 13-20-2-11, which would require further review and approval of zoning, violated the Indiana Constitution and remands for further proceedings. Declines to decide the constitutional issue, but finds because J.M. Corporation’s facilities accepted wasted before April 1, 2008, Indiana Code Section 13-20-2-11 doesn’t apply.
Appeals court reverses summary judgment for pharmacist, CVS
The Indiana Court of Appeals concluded that a pharmacist working in a Hendricks County CVS had a duty of care to a customer to either warn her of the side effects of a drug or withhold the medication. As a result, the judges reversed summary judgment in favor of the drug store and pharmacist in a negligence suit.
Man gets 10 years for human trafficking
The first person convicted of human trafficking in Marion County has received 10 years on the charge.
Supreme Court affirms admitting English transcript at trial
English language translation transcripts of statements recorded in foreign language, if otherwise admissible, may be properly considered as substantive evidence, the Indiana Supreme Court ruled Wednesday.
Opinions Feb. 9, 2011 ILD
Today’s opinions
Indiana Supreme Court
Indiana Dept. of State Revenue v. Belterra Resort Indiana, LLC
49S10-1010-TA-519
Tax. Grants rehearing to address the question of whether Belterra is subject to a tax penalty. Remands to the Indiana Tax Court to determine the timeliness of Belterra’s argument and, if timely, whether Belterra is subject to the penalty and, if so, whether the penalty should be waived. Affirms original opinion in all other respects. Justice Dickson concurs in result, believing the rehearing should also be granted to revisit the previous decision on the “step transaction” issue.
Indiana Court of Appeals had posted no opinions at IL deadline.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Feb. 9, 2011
Indiana Supreme Court
Indiana Dept. of State Revenue v. Belterra Resort Indiana, LLC
49S10-1010-TA-519
Tax. Grants rehearing to address the question of whether Belterra is subject to a tax penalty. Remands to the Indiana Tax Court to determine the timeliness of Belterra’s argument and, if timely, whether Belterra is subject to the penalty and, if so, whether the penalty should be waived. Affirms original opinion in all other respects. Justice Dickson concurs in result, believing the rehearing should also be granted to revisit the previous decision on the “step transaction” issue.
2012 Leadership in Law nominations due Feb. 15
Indiana Lawyer is proud each year to recognize attorneys who make meaningful contributions to the legal profession, their communities, and beyond. The Distinguished Barrister Award honors those with 15 or more years of legal experience, while the Up and Coming Lawyer Award recognizes lawyers who, early in their careers, are already making their mark.
Nominations are being accepted through Feb. 15 for Indiana Lawyer’s 2012 Leadership in Law awards. Honorees will be announced in the April 27 issue of IL and celebrated at a reception in May. Visit www.theIndianaLawyer.com to learn more about the awards, view a list of past recipients and submit a nomination.
Justices answer certified question on fault
After revising a certified question received from the federal court, Indiana Supreme Court justices answered the question in the affirmative.
Judge reverses probate court in first opinion
Judge Martha Wentworth has handed down her first opinion as Indiana’s Tax Court judge. In her decision, she reversed the probate court’s finding that an estate didn’t have to file an inheritance tax return on checks issued to a deceased woman’s brother on an annuity contract.
Justices uphold modification of physical custody to father
A majority of Indiana Supreme Court justices granted transfer today to Mariea L. Best v. Russell C. Best, No. 06S05-1102-CV-73, and affirmed a special judge’s decision to grant a father physical custody of his daughter M.B. They held the trial court made the necessary findings to support the modification.
Opinions Feb. 8, 2011 ILD
Indiana Court of Appeals had posted no opinions at IL deadline.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Feb. 8, 2011
Indiana Supreme Court
Mariea L. Best v. Russell C. Best
06S05-1102-CV-73
Civil. Affirms trial court grant of primary physical custody of M.B. to father. The trial court made the necessary findings that there has been a substantial change in one or more of the statutory factors and that the modification of physical custody is in M.B.’s best interests. Reverses the finding that the mother is in contempt. Justice Sullivan dissented and would deny transfer. Justice David did not participate.
Fundraiser to benefit Legal Aid in Tippecanoe County
The Legal Aid Outback lunch and auction will be held Feb. 23 at Outback Steakhouse in Lafayette. Proceeds from the event benefit Legal Aid Corporation of Tippecanoe County, a nonprofit that provides low-cost legal assistance to low-income county residents on family law matters.
JTAC fee, Clark County courts bills before committees
A bill that would increase the automated record-keeping fee to pay for implementation of a statewide case-management system and a bill that proposes to create a unified Circuit Court in Clark County are just two of the bills before committees this week in the Indiana General Assembly.
Judges order new PCR hearing on guilty plea issue
The Indiana Court of Appeals reversed in part the denial of a man’s pro se petition for post-conviction relief, holding the post-conviction court’s findings didn’t support its rejection of the man’s claim his plea was illusory or involuntary.
Justices to hear negligence case at IU-Indy
The Indiana Supreme Court will hold oral arguments in a case alleging negligence against the Putnam County sheriff Tuesday at Indiana University School of Law – Indianapolis.