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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.
 

Opinions Dec. 14, 2010

Indiana Court of Appeals
Presbytery of Ohio Valley, Inc., et al. v. OPC, Inc., et al.
82A02-1003-MF-339
Mortgage foreclosure. Reverses summary judgment in favor of appellees-defendants OPC Inc. and others in a property dispute between a local congregation and the national church. When the neutral principles of law approach is applied correctly, the appellants prevail. Remands with instructions.

COA rules in favor of town on breach of contract claim

The Indiana Court of Appeals reversed partial summary judgment to a city that collected a lower monthly bill rate than what was required for wastewater treatment from a town for 15 years and then sued to recover more than $500,000 it believed was owed to it. The city never informed the town the sewage treatment rate increased or that it was embroiled in a lawsuit over the matter.

Opinions Dec. 13, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Involuntary Commitment of G.M.
33A01-1006-MH-325
Mental health. Holds that the committing court’s conclusion for the basis of its order to commit G.M.  – that he was incapable of providing himself food, clothing, shelter, or other essential human needs – wasn’t supported by the evidence. G.M. may be determined to be gravely disabled under another definition set forth in statute. Remands for a review of G.M.’s care and treatment.

Michelle Daub v. State of Indiana (NFP)
85A02-1003-CR-325
Criminal. Affirms denial of motion to suppress.

J.R. v. Review Board (NFP)
93A02-1001-EX-4
Civil. Affirms denial of request for unemployment benefits.

Antelmo Juarez v. State of Indiana (NFP)
20A05-1006-CR-405
Criminal. Affirms conviction of and sentence for murder.

Tiara N. White v. State of Indiana (NFP)
29A04-1005-CR-341
Criminal. Affirms sentence imposed following revocation of probation.

Justin Morris v. State of Indiana (NFP)
54A04-1005-CR-325
Criminal. Affirms sentence following guilty plea but mentally ill to murder and Class B felony arson.

Indiana Tax Court had posted no opinions at IL deadline.

 

Opinions Dec. 13, 2010

Indiana Court of Appeals
Involuntary Commitment of G.M.
33A01-1006-MH-325
Mental health. Holds that the committing court’s conclusion for the basis of its order to commit G.M.  – that he was incapable of providing himself food, clothing, shelter, or other essential human needs – wasn’t supported by the evidence. G.M. may be determined to be gravely disabled under another definition set forth in statute. Remands for a review of G.M.’s care and treatment.

Justices grant two civil cases, deny 27 appeals

The Indiana Supreme Court has accepted two cases, one involving how public safety officials notify the driving public about icy road conditions and a second case delving into what state law requires when it comes to property tax changing land annexations.

BLE director resigns

The Indiana Supreme Court is searching for someone new to lead the state’s Board of Law Examiners after Linda L. Loepker resigned earlier this week.

Opinions, Dec. 10, 2010 ILD

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

Indiana Court of Appeals
David Snowberger v. State of Indiana
09A02-1005-CR-570
Criminal. Reverses revocation of probation. Snowberger’s plea agreement to nonsupport of a dependent child required the state to show his failure to pay child support to be willful and he has the ability to make payments before his probation could be revoked. The evidence was insufficient to support the revocation.  

G.D. v. Review Board
93A02-1007-EX-718
Civil. Reverses denial of G.D.’s motion to reinstate his appeal from an adverse determination of his claim for unemployment benefits. There is nothing in the record to support the director of Unemployment Insurance Appeals’ or the review board’s decisions to deny his motion to reinstate his appeal based upon the lack of showing of good cause. Remands for further proceedings.

Jonathon L. Dillard v. State of Indiana (NFP)
71A03-1008-CR-427
Criminal. Affirms conviction of Class D felony attempted theft.

Carlene L. Henry v. State of Indiana (NFP)
49A04-1006-CR-326
Criminal. Affirms conviction of Class D felony theft.

Tommie Reives v. State of Indiana (NFP)
49A02-1006-CR-796
Criminal. Affirms denial of petition for earned credit time.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Dec. 10, 2010

Indiana Court of Appeals
David Snowberger v. State of Indiana
09A02-1005-CR-570
Criminal. Reverses revocation of probation. Snowberger’s plea agreement to nonsupport of a dependent child required the state to show his failure to pay child support to be willful and he has the ability to make payments before his probation could be revoked. The evidence was insufficient to support the revocation.

Federal Civil Practice Update Dec. 17

Indiana Lawyer sponsors the annual Federal Civil Practice Update for the Southern District of Indiana: Practical Tips from the Bench and the Bar CLE event on Dec. 17. Among the speakers will be event chair and moderator John Maley of Barnes & Thornburg, as well as Chief Judge Richard Young, Judge Tanya Walton Pratt, and Magistrate Judge Debra McVicker Lynch, all from the U.S. District Court, Southern District of Indiana. Registration begins at 1 p.m.; the program runs from 1:30 to 4:45 p.m. at Barnes & Thornburg, 5th Floor Conference Center, 11 S. Meridian St., Indianapolis. Attendees are invited to a reception following the program. Cost is $99, and three hours of CLE and New Lawyer credit is available. Click here to register online or to download a printable registration form. For questions or more information, contact Karen Aruta at (317) 472-5201 or [email protected]. Registrations are due by Dec. 15.

7th Circuit order changes wording in public-records opinion

In an order dated Wednesday and posted on the website for the 7th Circuit Court of Appeals today, a Nov. 29 opinion from that court was amended following a motion filed by the defendants on Dec. 2 to delete a reference to the defendants as “silly” and “unprofessional.”

Opinions Dec. 9, 2010 ILD

The following opinion was posted after IL deadline:
Indiana Supreme Court
Dannie Ray Runyon v. State of Indiana
57S04-1006-CR-317
Criminal. Affirms revocation of probation for failure to pay child support. The state has the burden to prove that a probationer violated a term of probation and that, if the term involved a payment requirement, the failure to pay was reckless, knowing, or intentional. The defendant probationer has the burden to show facts related to an inability to pay and indicating sufficient bona fide efforts to pay to persuade the trial court that further imprisonment shouldn’t be ordered. Justice Sullivan dissents.

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

Indiana Court of Appeals
Cavin E. Pogue v. State of Indiana
49A02-1001-CR-37
Criminal. Reverses conviction of Class A misdemeanor criminal trespass because Pogue had a limited contractual interest that gave him the right to be on the property in question at the time of his arrest. Affirms conviction of Class A misdemeanor resisting law enforcement because his failure to drop a box cutter following a demand to do so by police amounts to the forcible obstruction of the law enforcement officer’s lawful execution of his duties.

Brenda Truedell-Bell v. Marion County Treasurer and Auditor
49A04-1003-MI-215
Miscellaneous. Affirms denial of petition for preliminary injunction to remove Truedell-Bell’s property from the property tax sale pending the outcome of her appeal for property tax reassessment. Truedell-Bell did not follow the proper administrative tax appeal procedure to have her property removed from the tax sale.

Lashann Montez Winfield v. State of Indiana (NFP)
46A03-0909-CR-413
Criminal. Affirms conviction of Class D felony failure to register as sex offender.

James A. Bridges v. State of Indiana (NFP)
49A02-1003-CR-373
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated.

Phyllis A. Merriweather v. State of Indiana (NFP)
49A02-1005-CR-478
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.

Purcell Turner, Jr. v. State of Indiana (NFP)
71A03-1004-CR-217
Criminal. Affirms conviction of Class C felony burglary.

Donald Lee Smith v. State of Indiana (NFP)
16A05-1006-CR-360
Criminal. Affirms revocation of probation before the probationary period began and before he had been to his intake interview or signed the conditions of probation.

Felecia M. Rorer v. State of Indiana (NFP)
02A05-1005-CR-293
Criminal. Affirms sentence for Class C felony battery.

David M. Burks-Bey v. Tippecanoe County Jail, et al. (NFP)
79A05-1004-MI-225
Miscellaneous. Reverses dismissal of Burks-Bey’s suit claiming the jail and others denied him access to prepare his pro se criminal defense. Remands for the trial court to conduct a hearing on whether the complaint should be dismissed.

In the Matter of B.D., Alleged to be CHINS; S.D. v. IDCS (NFP)
49A02-1005-JC-630
Juvenile. Affirms order finding that reasonable efforts to reunify the mother and her child aren’t required and the order changing the permanency plan for B.D. from reunification to adoption.

Kimberly Covey v. Steven Covey (NFP)
55A05-1004-DR-298
Domestic relation. Dismisses appeal of order dissolving marriage.

Tyson D. Warner v. State of Indiana (NFP)
48A02-1005-CR-548
Criminal. Affirms denial of motion to compel the production of two pieces of evidence Warner alleges were used against him at his probation-revocation hearing.

Jean Lukes v. Lisa A. Moore (NFP)
48A02-0909-CV-837
Civil. Affirms small-claims judgment in favor of Moore in an action against Lukes arising from home improvements performed by Moore.

Carlos M. Drane v. State of Indiana (NFP)
49A02-0912-CR-1251
Criminal. Affirms conviction of murder.

Troy Flanagan v. State of Indiana (NFP)
49A02-0910-CR-963
Criminal. Affirms convictions of corrupt business influence and three counts of attempting to receive stolen property.

Shanta Vance v. State of Indiana (NFP)
48A04-1002-CR-321
Criminal. Affirms revocation of probation.

Susan Kirk v. Aaron Kirk (NFP)
52A02-1005-DR-594
Domestic relation. Affirms the trial court did not abuse its discretion in denying Susan’s request for a continuance and that the trial judge did not err in not recusing himself during the final hearing. Affirms that the trial court did not err in excluding an alleged debt from the marital property or abuse its discretion in valuing and dividing that marital property.

Term. of Parent-Child Rel. of A.C., et al.; T.C. and J.C. v. I.D.C.S. and Lake County CASA (NFP)
45A04-1004-JT-283
Juvenile. Affirms termination of parental rights.

Lewis Jerome McNeary v. State of Indiana (NFP)
18A02-1005-CR-580
Criminal. Affirms sentence following guilty plea to Class C felony reckless homicide.

James K. Bohannon v. State of Indiana (NFP)
40A01-1004-CR-190
Criminal. Affirms conviction of Class B felony arson.

Indiana Tax Court had posted no opinions at IL deadline.
 

COA divided on dismissal of OWI charges

The Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed because the charging information didn’t let the man know what vehicle he needed to defend against operating.