Home » Search

Search Results

7185 results for 'articles'

To refine your search through our archives use our Advanced Search

Opinions Dec. 17, 2010 ILD

The following opinion was posted after IL deadline Thursday:
Indiana Court of Appeals
D.P. v. State of Indiana (NFP)
71A03-1006-JV-391
Juvenile. Affirms commitment to the custody of the Indiana Department of Correction following a delinquency adjudication.

Today’s opinions
7th Circuit Court of Appeals
Karl Schmidt Unisia Inc. v. International Union, United Automobile, et al.
09-4001
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Affirms summary judgment in favor of International Union, et al., on their counterclaim to compel arbitration. The collective bargaining agreement’s arbitration clause creates a presumption that the union’s grievance is arbitrable. Because the CBA does not expressly exclude the grievance from arbitration and Karl Schmidt Unisia has not shown the most forceful evidence of the parties’ intent to exclude the grievance from arbitration, Karl Schmidt Unisia has not rebutted the presumption of arbitrability.

United States of America v. Charles Tanner
09-2370
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms convictions of and life sentence for conspiracy to possess cocaine with intent to distribute and attempted possession of 5 kilograms or more of cocaine with intent to distribute. There was no error in the prosecutor’s closing argument. Except for certain testimony regarding Tanner’s possession of a firearm on one occasion, all of the complained-of evidence was clearly admissible. The one exception was harmless. As for the jury instructions, the District Court’s only error was in giving an “ostrich” instruction lacking sufficient factual support in the trial record. That error was also harmless. The District Court properly calculated Tanner’s sentence, and a life sentence was reasonable under these circumstances.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Harold J. Klinker v. First Merchants Bank, N.A.
01A04-1003-PL-247
Civil plenary. Affirms summary judgment for First Merchants Bank in its complaint for fraud and seeking damages. The trial court should have considered Klinker’s affidavit in opposition to the bank’s summary judgment motion, but summary judgment for the bank was still appropriate.

Office of the Trustee of Wayne Township v. Deborah Brooks
49A05-1005-PL-341
Civil plenary. Affirms preliminary injunction ordering the Wayne Township Trustee to continue providing poor relief to Brooks. The trial court applied the proper standard of review – de novo – and the evidence is sufficient to support the decision in favor of Brooks.

Tara Simpson, et al. v. OP Property Management, LLC, et al.
49A05-1006-CT-355
Civil tort. Reverses summary judgment for Metropolitan School District of Wayne Township in Simpson’s suit following an accident with a school bus driver. Simpson’s notice of tort claim was sufficient, the school district isn’t entitled to immunity and there are genuine issues of material fact as to whether the school district and driver were negligent and whether Simpson was contributorily negligent or incurred the risk.

Kelly Brockmann v. Robert Brockmann
02A04-1003-DR-246
Domestic relation. Reverses order compelling arbitration of a petition to modify custody filed by Robert. Concludes that the parties did not intend for Robert’s petition for modification of legal custody to be submitted to arbitration, or to otherwise submit to arbitration any and all possible future disputes that might arise between the parties.

Charles Saffold v. State of Indiana
49A05-1003-CR-180
Criminal. Affirms denial of Saffold’s motion to dismiss the charge of carrying a handgun without a license. It was not a violation for the officer to conduct a second pat-down search to determine whether Saffold had a gun after discovering ammunition on him and in his car.

Thomas W. Conrad v. State of Indiana
20A03-1004-CR-188
Criminal. Affirms conviction of criminal deviate conduct as a Class B felony. The trial court did not err in excluding evidence of Conrad’s victim’s past sexual conduct under Evidence Rules 412 and 403. Conrad’s rights under the United States and Indiana constitutions to effectively impeach and cross-examine witnesses were also not infringed upon by the trial court’s rulings.

John Eric Warren v. State of Indiana (NFP)
03A01-1005-CR-265
Criminal. Affirms sentence following guilty plea to two counts of Class B felony armed robbery and one count of Class C felony robbery.

Tyree L. Thomas v. State of Indiana (NFP)
49A02-1002-CR-173
Criminal. Grants rehearing to clarify holding on Thomas’ claim of mental illness and reaffirms prior decision.

Judd Ponsler v. State of Indiana (NFP)
49A05-1003-CR-179
Criminal. Affirms two Class C felony child solicitation convictions.

Rodney Waye v. State of Indiana (NFP)
85A02-1003-PC-393
Post conviction. Affirms denial of petition for post-conviction relief.

Doris Coffman v. State of Indiana (NFP)
31A04-1004-CR-240
Criminal. Affirms order revoking probation and that Coffman serve all of her suspended sentences.

Michael A. Gilbert v. State of Indiana (NFP)
49A02-1005-CR-564
Criminal. Affirms conviction of Class C felony dealing marijuana in an amount in excess of 10 pounds.

Term. of the Parent-Child Rel. of S.W., et al.; M.C. v. I.D.C.S. (NFP)
55A01-1003-JT-196
Juvenile. Affirms termination of parental rights.

James R. Robison v. State of Indiana (NFP)
45A03-1006-CR-291
Criminal. Affirms sentence following guilty plea to two counts of Class B felony child molesting.

Darren R. Locke v. State of Indiana (NFP)
82A01-1008-CR-374
Criminal. Affirms sentence for Class C felony operating a motor vehicle after the forfeiture of Locke’s license for life.

Jason L. Hatchett v. State of Indiana (NFP)
49A04-0912-CR-718
Criminal. Affirms convictions of Class B felony attempted robbery, three counts of Class B felony criminal confinement, and one count of Class C felony carrying a handgun without a license.

Martie Allen Henderson v. State of Indiana (NFP)
71A03-1004-CR-207
Criminal. Affirms convictions of Class D felony possession of marijuana and Class A misdemeanor resisting law enforcement, and the revocation of probation.

Donald Davis v. State of Indiana (NFP)
45A04-1003-CR-168
Criminal. Affirms convictions of two counts of Class A felony dealing in cocaine, three counts of Class A felony dealing in narcotics, Class B felony cocaine possession, and Class D felony maintaining a common nuisance.

Saul R. Cruz v. State of Indiana (NFP)
03A01-1004-CR-175
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Dec. 17, 2010

7th Circuit Court of Appeals
Karl Schmidt Unisia Inc. v. International Union, United Automobile, et al.
09-4001
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Affirms summary judgment in favor of International Union, et al., on their counterclaim to compel arbitration. The collective bargaining agreement’s arbitration clause creates a presumption that the union’s grievance is arbitrable.

Justices vacate adoption decree

The Indiana Supreme Court ordered the adoption decree granted to paternal grandparents be vacated because they didn’t perform a diligent search for the biological mother.

Opinions Dec. 16, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
William Hurst v. State of Indiana
49A02-1004-CR-378
Criminal. Affirms denial of motion to suppress evidence obtained upon the execution of a search warrant. To the extent the trial court concluded that Eric Thomas was inherently credible simply because he was a cooperating citizen informant, the trial court erred. A texted photo to Thomas corroborated the hearsay and there was sufficient evidence to support a finding of probable cause.

St. Mary Medical Center v. Marsha Bakewell
45A03-1004-CT-227
Civil tort. Affirms grant of Bakewell’s motion to correct error. Bakewell’s allegation may proceed under a premises liability theory, even though originally she also pursued as a medical malpractice claim.

Lightpoint Impressions, LLC v. Metropolitan Dev. Comm. of Marion County
49A02-1004-MI-435
Miscellaneous. Affirms that the Metropolitan Development Commission may hear appeals of decisions of the Lawrence Board of Zoning Appeals. Reverses grant of the MDC’s motion for summary judgment because it’s not clear whether the MDC had issued a final decision in the matter before Lightpoint appealed.

City of Kokomo, et al. v. Florence Pogue, et al.
34A02-1003-MI-356
Miscellaneous. Reverses denial of Kokomo’s motion to dismiss a remonstrance petition filed by a group of landowners whose land Kokomo wants to annex. The trial court erred in finding certain waivers of the right to remonstrate in exchange for connecting to the sewer system to be ineffective. Excluding those people’s signatures on the remonstrance petition causes the percentage of valid landowner signatures to fall below the statutorily-mandated minimum 65 percent.

Joseph Prewitt v. State of Indiana (NFP)
36A05-1004-CR-314
Criminal. Affirms sentence following guilty plea to Class D felony theft. Remands with instructions to award the proper amount of credit time and to correct clerical errors.

Carlos Morales v. State of Indiana (NFP)
49A02-1005-CR-599
Criminal. Affirms conviction of Class D felony sexual battery and reverses conviction of Class D felony criminal confinement. Remands with instructions to vacate the criminal confinement conviction.

Byron Dixon v. State of Indiana (NFP)
49A04-1005-CR-314
Criminal. Affirms conviction of Class B felony carjacking.

Term. of Parent-Child Rel. of K.R.; C.P.R. v. IDCS and Guardian Ad Litem program (NFP)
47A04-1007-JT-458
Juvenile. Affirms termination of parental rights.

Joseph Prewitt v. State of Indiana (NFP)
36A01-1004-CR-238
Criminal. Affirms sentence following guilty plea to Class D felony operating a motor vehicle while privileges are suspended.

Terrence L. Oliver v. State of Indiana (NFP)
10A01-0912-CR-564
Criminal. Affirms convictions of and sentence for Class A felony dealing in a narcotic drug and Class D felony maintaining a common nuisance.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Dec. 16, 2010

Indiana Court of Appeals
William Hurst v. State of Indiana
49A02-1004-CR-378
Criminal. Affirms denial of motion to suppress evidence obtained upon the execution of a search warrant. To the extent the trial court concluded that Eric Thomas was inherently credible simply because he was a cooperating citizen informant, the trial court erred. A texted photo to Thomas corroborated the hearsay and there was sufficient evidence to support a finding of probable cause.

Justices divided on firearm ‘use’ sentencing

A divided Indiana Supreme Court has held that state statute dictates that the use of a firearm can be the grounds for a sentence enhancement that doesn’t constitute a double jeopardy violation.

High court reverses tax decision

An owner of leased property must prove it possesses an exempt purpose separate and distinct from the exempt purpose of its lessee to be entitled to statutory exemption, ruled the Indiana Supreme Court in a decision reversing the Indiana Tax Court.

Opinions Dec. 15, 2010 ILD

Indiana Court of Appeals
Henry C. Woodward v. Kimberlee A. Norton
71A03-1004-DR-225
Domestic relation. Affirms trial court finding that Special Judge Michael Gotsch had properly assumed jurisdiction over portions of the parties’ post-dissolution proceeding and finding Woodward in contempt of court for failing to comply with his child support and child support-related obligations. Woodward waived any objection regarding Special Judge Gotsch’s presence in the action.

Jose Reynosa v. Pedcor Construction Corp, et al.
49A02-1004-CT-434
Civil tort. Affirms order granting motion to dismiss with prejudice Reynosa’s complaint alleging negligence after he was injured in a construction accident in Tennessee. The trial court didn’t err in concluding that Reynosa is barred by Tennessee law from pursuing tort claims against Pedcor and other appellees.

James Norwood v. State of Indiana
49A04-1004-CR-212
Criminal. Reverses conviction of invasion of privacy as a Class A misdemeanor. Because the October 9, 2008, protective order expired on October 9, 2009, before the date of the alleged violation on December 26, 2009, the evidence is insufficient to sustain Norwood’s conviction.

Joe Brewer v. State of Indiana
49A04-1004-CR-257
Criminal. Affirms conviction of sale of alcoholic beverages without a permit as a Class B misdemeanor. There is sufficient evidence to sustain his conviction.

Rick Hill v. State of Indiana (NFP)
01A02-1002-CR-181
Criminal. Affirms convictions of 12 counts of Class A misdemeanor cruelty to an animal and one count of Class D felony improper disposal of an animal that has died.

Robert Murphy v. State of Indiana (NFP)
53A04-1003-CR-149
Criminal. Affirms convictions of Class A felony criminal deviate conduct, Class C felony robbery, and Class D felony criminal confinement.

Jose Carlos Arce v. State of Indiana (NFP)
88A01-1003-CR-155
Criminal. Affirms sentence following guilty plea to Class B felony robbery.

J.S.M. v. B.C.M. (NFP)
73A01-1003-DR-199
Domestic relation. Affirms denial of J.S.M.’s motion to modify custody.

James Alfred Peek, Sr. v. State of Indiana (NFP)
48A02-1005-CR-576
Criminal. Affirms revocation of probation and order Peek serve the balance of his previously suspended sentence in the Department of Correction.

Tilonda Annae Thomas v. State of Indiana (NFP)
02A03-1002-CR-97
Criminal. Affirms conviction of Class D felony residential entry.

Terry A. Hodge v. State of Indiana (NFP)
45A03-1003-PC-146
Post conviction. Affirms denial of successive petition for post-conviction relief.

Colip-Riggin Corporation v. Rea Riggin & Sons, Inc., et al. (NFP)
18A04-1001-PL-13
Civil plenary. Affirms order granting Rea Riggin & Sons Inc.’s motion to dismiss a complaint alleging breach of contract.

Hummer Transportation, et al. v. Kimberly Spoa-Harty, et al. (NFP)
64A04-1002-CT-72
Civil tort. Affirms jury verdict and judgment on the issue of damages in favor of Spoa-Harty and Harty in a personal injury action.

Justin Croucher v. State of Indiana (NFP)
89A01-1006-CR-293
Criminal. Affirms revocation of probation and execution of nearly all of Croucher’s previously suspended sentence.

Term. of Parent-Child Rel. of M.D., et al.; T.D. v. I.D.C.S. (NFP)
71A03-1006-JT-347
Juvenile. Affirms involuntary termination of parental rights.

M.H. v. Review Board (NFP)
93A02-1005-EX-496
Civil. Affirms decision that M.H. is not eligible for unemployment benefits.

Keith M. Ramsey, M.D. v. Shella Moore, et al. (NFP)
45A05-1005-CT-308
Civil tort. Affirms denial of Methodist Hospital’s motion to dismiss. Reverses denial of Dr. Ramsey’s motion to dismiss. Remands for further proceedings.

Jennifer L. Oder v. State of Indiana (NFP)
30A01-1004-CR-188
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a controlled substance, Class D felony possession of a controlled substance, and Class A misdemeanor possession of marijuana.

Michael D. Robbins v. State of Indiana (NFP)
76A03-1006-CR-328
Criminal. Affirms denial of motion to set aside plea agreement.

Charles E. Justise, Sr. v. State of Indiana (NFP)
77A01-1006-SC-352
Small claims. Affirms dismissal of complaint pursuant to I.C. Section 34-58-1-2.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Dec. 15, 2010

Indiana Supreme Court
Joshua G. Nicoson v. State of Indiana
32S04-1003-CR-150
Criminal. Affirms five-year sentence enhancement for the use of a firearm following Nicoson's convictions of criminal confinement with a deadly weapon as a Class B felony. Holds that adding these years is consistent both with the statutes in question and with the prohibition against double jeopardy.

Judges affirm complaint is time-barred

Although a trial court shouldn’t have adhered to its local rule because it failed to achieve “the ultimate end of orderly and speedy justice,” the Indiana Court of Appeals affirmed the lower court’s finding that a woman’s claim against her deceased husband’s former employer was time-barred.

Madison County joins Odyssey system

Madison County is the latest county to go online with the Indiana Supreme Court’s Odyssey case management system. The system connects counties to a network of courts, clerks, law enforcement, and other state agencies.

Judge Mathias recognized for civics education

Indiana Court of Appeals Judge Paul D. Mathias received the Indiana Bar Foundation’s William G. Baker Award Dec. 12 for his work with civics education. Judge Mathias was cited for his work with the We the People program at the state level and in the 3rd Congressional District in Northeast Indiana.

Appeals court recalls OWI decision

The Indiana Court of Appeals vacated a decision handed down Dec. 9 in which the court was split on the dismissal of a man’s operating while intoxicated charges. The issue was whether the charges should have been dismissed because the defendant didn’t know what vehicle he needed to defend against operating based on the charging information.

Counsel reenergizes section

The immediate past chair of the Indiana State Bar Association’s Corporate Counsel Section, Stephen Landrum Due, is one member of the leadership team who made a push to make the section more active.

Opinions Dec. 14, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Kathy Niegos v. Arcelor Mittal Burns Harbor LLC, f/k/a ISG Burns Harbor, LLC
93A02-1007-EX-762
Civil. Affirms dismissal of Niegos claim, pursuant to the Occupational Disease Act, against her late husband’s former employer. Her failure to notify ArcelorMittal before entering into third-party settlements is fatal to her ODA claim.

Chijoike Bomani Ben-Yisrayl, f/k/a Greagree Davis v. State of Indiana (NFP)
49A02-1003-CR-332
Criminal. Affirms sentence for murder.

Roy Shane Arensman v. State of Indiana (NFP)
22A05-1005-CR-509
Criminal. Reverses conviction of failure to register as a sex offender as a Class D felony.

Oscar Iraheta-Rosales v. State of Indiana (NFP)
49A05-1005-CR-302
Criminal. Affirms convictions of two counts of Class A felony child molesting and one count of Class C felony child molesting.

John Eddie Lindsey v. State of Indiana (NFP)
02A04-1003-CR-239
Criminal. Affirms conviction of Class B felony dealing in cocaine.

Bronskey Smith v. State of Indiana (NFP)
49A04-1003-CR-126
Criminal. Affirms three convictions of dealing cocaine as Class B felonies.

SHF Enterprises, Inc. v. Richard D. Hailey, et al. (NFP)
49A02-0910-CV-962
Civil. Reverses order correcting the amount of damages owed by the Haileys on SHF’s complaint for breach of lease and confirming its intent to deny SHF’s request for attorney’s fees and prejudgment interest.

Quentin S. Phipps v. State of Indiana (NFP)
82A01-1002-CR-46
Criminal. Affirms convictions of and sentences for Class A felony attempted murder, Class B felony attempted armed robbery, Class C felony escape, Class D felony auto theft, and three counts of Class D felony criminal recklessness.

Clayton Frazier v. State of Indiana (NFP)
48A02-1005-CR-549
Criminal. Affirms sentence imposed following revocation of probation.

Indiana Tax Court had posted no opinions at IL deadline.