Search Results

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Michael J. Shepard v. State of Indiana (NFP)
82A05-1002-CR-94
Criminal. Affirms conviction of Class D felony resisting law enforcement and Class C misdemeanor operating a vehicle with an alcohol concentration of 0.08 or more.

Phillip Ibrahim v. Automotive Finance Corp. (NFP)
49A02-1002-CC-99
Civil collection. Affirms summary judgment in favor of Automotive Finance Corporation on its complaint for breach of contract, breach of guaranty, fraud, and check deception.

Term. of Parent-Child Rel. of D.M., et al.; H.M. and D.M. v. I.D.C.S. (NFP)
20A04-1003-JT-204
Juvenile. Affirms involuntary termination of parental rights.

R.E. v. B.L. (NFP)
02A03-1002-DR-111
Domestic relation. Affirms order granting maternal aunt B.L.’s petition for custody of R.E.’s daughter.

Jane Lareau v. Ernest Lareau (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2010/november/11011002ehf.pdf
79A05-1002-DR-117
Domestic relation. Affirms orders deciding issues that arose after dissolution of marriage.

Indiana Tax Court had posted no opinions at IL deadline.
 

The following opinion was posted after IL deadline Thursday.
Indiana Tax Court
Dale J. Scopelite and James T. Sheehan v. Indiana Dept. of Local Government Finance (NFP)
49T10-0812-TA-71
Tax. Affirms the Department of Local Government Finance’s final determination approving the City of Hammond’s budget and tax levy for the 2008 tax year.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
J.M. v. D.A.
43A03-1003-DR-183
Domestic relation. Affirms denial of father’s petition to modify child support. The trial court did not err by imputing potential earnings in father’s weekly gross income for purposes of calculating his support obligation after he became a full-time student. Reverses finding father in contempt because the trial court did not find that father has the financial ability to comply. Judge Bradford concurs in part, dissents in part.

Douglas Denzell v. State of Indiana
49A02-1001-CR-89
Criminal. Affirms denial of Denzell’s motion to dismiss criminal charges of Class A misdeneaor resisting law enforcement and Class B misdemeanor public intoxication. Denzell does not satisfy the test in Davis and Habibzadah to show a due process violation because there remains the possibility that he will be restored to competency, even though he cannot be sentenced to an additional term if convicted.  

Y.G. v. Review Board
93A02-1004-EX-538
Civil. Affirms denial of unemployment benefits. There is no indication Y.G. explained his limitations or sought an alternative placement until such time as his disability subsided.

Rebecca Reed-Harrison v. State of Indiana (NFP)
49A04-0912-CR-740
Criminal. Affirms denial of motion to dismiss criminal charge. Remands with instructions.

State of Indiana v. Lynn Wilson (NFP)
49A02-1003-PC-644
Post conviction. Reverses grant of Wilson’s petition for post-conviction relief.

Ivette Haylett v. State of Indiana (NFP)
49A02-1002-CR-113
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

Charles Huntley v. State of Indiana (NFP)
49A02-1004-CR-401
Criminal. Affirms convictions of murder and Class A misdemeanor carrying a handgun without a license which was enhanced to a Class C felony due to a prior conviction.

Joel Williams v. State of Indiana (NFP)
18A05-1002-CR-52
Criminal. Affirms sentence following guilty plea to five Class B felonies.

Michael Clay v. State of Indiana (NFP)
20A03-1002-CR-56
Criminal. Affirms convictions of robbery resulting in serious bodily injury as a Class A felony and illegal consumption of alcohol by a minor

Term. of Parent-Child Rel. of A.K.; S.K. v. IDCS (NFP)
76A03-1004-JT-247
Juvenile. Affirms involuntary termination of parental rights.

Tracy D. Price v. State of Indiana (NFP)
48A02-1004-CR-399
Criminal. Affirms decision to order the execution of Price’s suspended sentence after he violated probation terms.

Peters Broadcast Engineering v. WROI-FM (NFP)
25A03-1005-SC-260
Small claims. Affirms judgment in favor of the radio station in a dispute over alleged unpaid balance plus interest of invoices for repair and installation services performed for the station.

Indiana Tax Court had posted no opinions at IL deadline.
 

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Robert D. Davis v. State of Indiana
32A01-1003-CR-144
Criminal. Affirms denial of Davis’ motion for leave to amend his motion to correct erroneous sentence. The information before the appellate court doesn’t allow it to decide whether he was erroneously sentenced.  

Kelvin Heyen v. State of Indiana
84A04-1002-CR-134
Criminal. Affirms conviction of and sentence for Class B felony dealing in methamphetamine and being a habitual offender. Heyen’s claim the evidence was stale fails; he didn’t show that the confidential informant’s identity was unknown to him, the evidence is sufficient to show he dealt methamphetamine and that he is an habitual offender, and his trial counsel didn’t render ineffective assistance.

Marvin G. Jerro v. State of Indiana (NFP)
45A04-1001-CR-38
Criminal. Affirms convictions of two counts of Class A felony dealing in cocaine, one count of Class C felony possession of cocaine, and finding Jerro is a habitual offender.

Donald A. Pierce v. State of Indiana (NFP)
13A04-0908-CR-480
Criminal. Affirms convictions of three counts of Class A felony child molesting and one count of Class C felony child molesting. Remands with instructions to attach Pierce’s fixed 10-year term for being a repeat sexual offender to one of his Class A felony sentences for an aggregate sentence of 134 years.

Dion Alexander Walker v. State of Indiana (NFP)
02A03-1005-PC-250
Post conviction. Affirms denial of petition for post-conviction relief.

Richard D. Stewart v. State of Indiana (NFP)
42A05-0912-CR-705
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, Class D felony possession of methamphetamine, and Class D felony maintaining a common nuisance.

Joseph Hoskins v. State of Indiana (NFP)
49A02-1004-CR-524
Criminal. Affirms conviction of possession of marijuana as a Class A misdemeanor.

Micah Potter v. State of Indiana (NFP)
89A05-1006-CR-391
Criminal. Affirms execution of Potter’s previously suspended sentence upon the revocation of her probation.

Paternity of C.W.R.; C.W. v. F.R. (NFP)
31A01-1002-JP-47
Juvenile. Affirms order denying mother C.W.’s petition to modify custody of C.W.R.

Samuel Johnson v. State of Indiana (NFP)
49A05-1003-CR-171
Criminal. Affirms sentence following guilty plea to Class A felony rape, Class A felony criminal deviate conduct, Class B felony robbery, and Class C felony intimidation.

Donald K. Wilburn v. State of Indiana (NFP)
45A03-1001-CR-24
Criminal. Affirms convictions of Class B felony rape and Class B felony criminal deviate conduct.

Anthony R. Helton v. State of Indiana (NFP)
29A02-1002-CR-183
Criminal. Affirms convictions of eight counts of Class D felony theft.

Martin A. Stanley v. State of Indiana (NFP)
02A03-1003-CR-209
Criminal. Affirms sentence following guilty plea to Class B felony arson.

William Greenwood v. State of Indiana (NFP)
43A03-1005-CR-322
Criminal. Affirms sentence following guilty plea to Class C felonies child molesting and child exploitation and remands for correction of clerical errors.

Antoine R. Bird v. State of Indiana (NFP)
71A03-1003-CR-170
Criminal. Affirms sentence following guilty plea to Class B felony robbery and felony murder.

Clarence Davis v. State of Indiana (NFP)
71A04-1003-CR-273
Criminal. Affirms six-year sentence imposed following probation violation.

Randy A. Cummings v. State of Indiana (NFP)
18A04-1001-CR-32
Criminal. Affirms conviction of Class A felony attempted murder.

Walter Archer, III v. State of Indiana (NFP)
71A03-1001-CR-32
Criminal. Affirms convictions of Class C felony carrying a handgun without a license.

Indiana Tax Court had posted no opinions at IL deadline.
 

7th Circuit Court of Appeals
James L. Parkey v. Jason E. Sample
09-3966
U.S. District Court, Northern District of Indiana, South Bend Division, Judge William C. Lee
Civil. Affirms District Court’s grant of Indiana State Trooper Jason Sample’s motion for summary judgment, which found James Parkey, who sued under 42 U.S.C. § 1983, had not brought forth any evidence to demonstrate a lack of probable cause. Parkey claimed Sample had violated his rights under the Fourth Amendment by searching his home and seizing his property without probable cause. Suspecting Parkey had a marijuana grow operation, Sample did two trash pulls near Parkey’s residence where Sample found marijuana cigarettes and stems from marijuana plants, evidence he presented to a Lake County Superior magistrate, who issued a search warrant for Parkey’s home.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Maurice Porter v. State of Indiana
20A03-0912-CR-570
Criminal. Affirms one conviction of nonsupport of a dependent child as a Class C felony, and reduced the second conviction of nonsupport of a dependent child to a Class D felony for which the sentence shall be a term of 1.5 years, to be served consecutive to the sentence for the Class C felony. Remands with instructions to enter judgment of conviction and a sentencing order in conformance with this opinion.

Kent Hizer and Elizabeth Hizer v. James Holt and Rebecca Holt
71A03-1002-PL-127
Civil. Reverses and remands trial court’s grant of summary judgment in favor of the Holts on the Hizers’ claims for fraud and breach of contract arising from the Hizers’ purchase of the Holts’ home. Concludes that a genuine issue of material fact exists as to whether the Holts made fraudulent misrepresentations on the Sales Disclosure Form required by statute.

LaPorte Community School Corporation v. Maria Rosales
46A04-1001-CT-4
Civil. Concludes trial court did not abuse its discretion by admitting deposition testimony from an expert regarding school safety and school emergency plans. Also finds the trial court properly denied the school’s motion for judgment on the evidence as to negligence and properly granted Rosales’s motion for judgment on the evidence as to contributory negligence. However, also concludes the jury was not properly instructed regarding negligence, and the erroneous instruction was a reversible error, and therefore the Court of Appeals remands.

Joel Moses v. State of Indiana (NFP)
49A02-1003-CR-268
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Douglas L. Blair v. State of Indiana (NFP)
81A01-1003-CR-201
Criminal. Affirms convictions of and sentence for operating a vehicle after lifetime suspension and speeding.

Termination of Parent-Child Relationship of D.M.B.; R.M.W. v. Indiana Dept. of Child Services (NFP)
20A03-1004-JT-181
Juvenile. Affirms termination of R.M.W.’s parental rights to her son, D.B.

Floyd E. Whitlock v. State of Indiana (NFP)
49A02-1005-CR-657
Criminal. Finding Whitlock’s motion is not ripe for adjudication because he is still serving his sentence, affirms trial court’s order that Whitlock may have to register for the Indiana Sex Offender Registry as a condition of parole.

James J. Pierce, Jr. v. State of Indiana (NFP)
48A02-1002-CR-276
Criminal. Affirms revocation of probation.

Ronald Trent v. State of Indiana (NFP)
75A03-1003-CR-180
Criminal. Affirms conviction of and 35-year sentence for voluntary manslaughter, a Class A felony, following a guilty plea.

David M. Holmquist v. State of Indiana (NFP)
03A01-1001-IF-2
Criminal. Affirms bench judgment for speeding, a Class C infraction.

Angel Rivera v. State of Indiana (NFP)
49A05-1002-CR-118
Criminal. Affirms conviction of Class A misdemeanor patronizing a prostitute.

Gene Payton v. State of Indiana (NFP)
20A03-1003-CR-187
Criminal. Affirms conviction of operating a motor vehicle while privileges are forfeited for life, a Class C felony.

Kwiatkowski Land Management LLC v. Torrenga Engineering Inc., et al. (NFP)
45A04-1001-MF-18
Civil. Concludes trial court erred in granting partial summary judgment in favor of Torrenga Engineering and in granting judgment on the pleadings in favor of third-party plaintiffs Richard and Joan Handtke. Finds the agreed judgment is clearly erroneous to the extent that it relates to these erroneous orders. However, the Court of Appeals affirms the agreed judgment to the extent that it relates to the lien against the Chesterfield Estates Property held by third-party plaintiff K & S Engineering.

Indiana Tax Court had posted no opinions at IL deadline.