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The Family and Social Services Administration’s adverse action notices pertaining to public benefits programs that don’t name specific missing eligibility documents don’t comport with the requirement of procedural due process, the Indiana Court of Appeals ruled Friday.
The Indiana Court of Appeals reversed summary judgment in favor of a bar because the trial court was incorrect in ruling that an injured man’s voluntary intoxication precluded any recovery under the Dram Shop Act.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Paul J. Kocielko v. State of Indiana
20A03-1002-CR-218
Criminal. Affirms conviction of Class B felony sexual misconduct with a minor and habitual offender adjudication. Remands with instructions to set aside Class C felony conviction of and sentence for sexual misconduct with a minor because Kocielko committed acts against a single victim in one confrontation, so double jeopardy prohibitions prevented his being convicted of and sentenced for the Class C felony charge. Affirms in all other respects.
Kenneth Pope and Judie Pope v. Hancock County Rural Electric d/b/a Central Indiana Power
30A05-1001-CT-3
Civil tort. Affirms order granting Central Indiana Power’s motion for judgment on the evidence in the Popes’ suit alleging the company was negligent because its failure to timely restore power to their home caused Kenneth to injure himself in the dark. The Popes didn’t establish that a standard of care existed by which CIP should have worked to restore power to its customers after the storm and that there was a breach of that standard of care. CIP’s actions were not the proximate cause of Kenneth’s injuries.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
United States of America v. Juan A. Corona-Gonzalez a/k/a Juan R. Ramirez
09-3993
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David F. Hamilton.
Criminal. Reverses sentence for drug convictions and possession of a firearm in furtherance of a drug trafficking crime. There is a substantial chance that the District Court’s misapprehension of whether Corona-Gonzalez was deported and returned to the country illegally played a significant role in the adjudication of his sentence. Remands to allow the District Court to reassess the sentence free of the factual misapprehension.
Phillip L. Bayt has been chosen as the new leader for Indianapolis-based law firm Ice Miller. Bayt will take over chief managing partner duties Jan. 1 from Byron Myers, whose term expires at the end of the year.
The Indiana Court of Appeals found a Colorado attorney and his brother engaged in procedural bad faith in appealing the third amended final accounting of their deceased mother’s estate and ordered them to pay appellate attorney’s fees to the estate.
The 7th Circuit Court of Appeals ordered an Indiana District Court to take another look at a man’s sentence because the judge cited incorrect information during sentencing.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
David E. Stutsman v. State of Indiana (NFP)
87A01-1003-CR-187
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, Class D felony possession of two or more chemical reagents or precursors with intent to manufacture a controlled substance, Class D felony possession of methamphetamine, Class D felony maintaining a common nuisance, and Class A misdemeanor possession of paraphernalia.
Elizabeth Littlefield v. State of Indiana (NFP)
49A02-1003-CR-266
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.
Demond Withers v. State of Indiana (NFP)
49A04-1003-CR-182
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.
Michael Calhoun v. State of Indiana (NFP)
25A05-1003-CR-227
Criminal. Affirms partial denial of motion to correct erroneous sentence and denial of motion to correct error.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
William R.D. Britt v. State of Indiana
02A03-1004-CR-253
Criminal. Affirms convictions of Class B felony robbery, Class D felony criminal recklessness, and Class A misdemeanor carrying a handgun without a license. The trial court didn’t abuse its discretion in refusing to allow Britt’s counsel to introduce evidence of his brother Brandon’s prior robbery conviction.
To celebrate the anniversary of the United Nations’ adoption and proclamation of the Universal Declaration of Human Rights, various human rights organizations based in Central Indiana will host the program, “Human Rights Defenders: Voices from the Community,” at Indiana University School of Law – Indianapolis.
Because a man’s detention following a traffic stop wasn’t supported by reasonable suspicion, the Indiana Court of Appeals reversed his drug conviction today.
The Indiana Court of Appeals found a trial court didn’t err by not letting a defendant introduce evidence of his brother’s prior robbery because the defendant wasn’t attacking the brother’s credibility.
The Indiana Court of Appeals affirmed a Marion Superior judge’s decision to enforce a disputed settlement agreement, finding the parties agreed to the essential terms resolving the issues between them.
A lawsuit brought by parents and three school corporations regarding the state’s school-funding formula has been allowed to proceed, a Hamilton Superior judge ruled.
Attorneys for Bren Simon turned their ire toward a Hamilton County judge on Tuesday, asking him to recuse himself from a legal battle over real estate magnate Melvin Simon's $2 billion estate.
The following opinion was posted after IL deadline Monday.
Indiana Tax Court
Hubler Realty Company v. Hendricks County Assessor
49T10-1001-TA-5
Tax. Affirms Indiana Board of Tax Review’s upholding of the Hendricks County Property Tax Assessment Board of Appeals’ assessment of Hubler’s commercial properties for the 2006 tax year. The assessor’s testimony doesn’t suggest that her assessments or her determination as to the propriety thereof were the products of sales chasing, spot assessments, or selective reappraisals. The PTABOA’s consideration of Hubler’s sales disclosure form doesn’t mean that it engaged in sales chasing or selectively reappraised Hubler’s properties.
Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Albert J. Hall v. State of Indiana
06A05-1003-CR-187
Criminal. Reverses conviction of operating a motor vehicle as a habitual traffic offender as a Class D felony. The trial court committed fundamental error in its instruction on the mens rea element of the Habitual Traffic Violator Statute. Remands for a new trial.
Anastacio Carrera v. State of Indiana (NFP)
49A02-1003-CR-238
Criminal. Affirms convictions of child molesting as Class A and Class B felonies, and sexual misconduct with a minor as Class B and Class C felonies.
Involuntary Commitment of B.K. (NFP)
33A01-1006-MH-301
Mental health. Affirms commitment at Logansport State Hospital.
Kevin Ware v. State of Indiana (NFP)
69A01-1004-PC-204
Post conviction. Affirms denial of petition for post-conviction relief.
Justin Robinette v. State of Indiana (NFP)
48A02-1004-CR-501
Criminal. Affirms sentence following guilty plea to three counts of Class B sexual misconduct with a minor, and one count of Class C felony sexual misconduct with a minor.
Maria Chavarria v. State of Indiana (NFP)
20A03-1007-CR-381
Criminal. Affirms sentence following guilty plea to dealing in cocaine weighing over three grams, a Class A felony.
E.H., Alleged to be C.H.I.N.S.; J.H. v. Marion County D.C.S. (NFP)
49A02-1004-JC-539
Juvenile. Affirms determination that E.H. is a child in need of services.
Brandon Phillips v. State of Indiana (NFP)
71A03-1004-CR-267
Criminal. Affirms sentence for murder and Class B felony criminal confinement resulting in serious bodily injury.
D.S. v. State of Indiana (NFP)
49A02-1004-JV-484
Juvenile. Affirms adjudications for committing what would be Class B felony burglary and Class D felony theft if committed by an adult, and that the trial court disposition is appropriate.
In the Matter of the Adoption of E.L.; J.N. v. R.J. (NFP)
49A02-1005-AD-569
Adoption. Affirms denial of the stepfather’s petition to adopt his wife’s daughter.
L.S. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-0911-EX-1057
Civil. Affirms decision that L.S. is disqualified from eligibility for unemployment benefits because he was dismissed for just cause.
Kieno Austin v. State of Indiana (NFP)
49A02-1007-CR-820
Criminal. Affirms denial of motion to correct erroneous sentence.
Town v. Review Board and B.K. (NFP)
93A02-1002-EX-146
Civil. Affirms grant of B.K.’s application for unemployment benefits.
Vera D. Alsadi v. State of Indiana (NFP)
34A02-1004-CR-561
Criminal. Affirms sentence following guilty plea to Class D felony theft.
Mary E. McKinney v. Windy Lane Farms, Inc., et al. (NFP)
08A02-1001-CC-71
Civil collections. Reverses dismissal of McKinney’s third-party complaint and the grant of summary judgment in favor of third-party defendants Windy Lane Farms and others. Remands for further proceedings.
Term. of Parent-Child Rel. of N.S., et al.; D.S. v. Bartholomew County D.C.S. (NFP)
03A01-1005-JT-222
Juvenile. Affirms termination of parental rights.
Anthony B. Rias, II v. State of Indiana (NFP)
45A03-1004-CR-182
Criminal. Affirms conviction of felony murder.
DeWayne V. Adamson v. State of Indiana (NFP)
53A01-1002-CR-88
Criminal. Affirms sentence following guilty plea to Class B felony possession of a firearm by a serious violent felon and the finding Adamson is a habitual offender.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court denied transfer to five cases for the week ending Nov. 24.
Indiana Court of Appeals
Albert J. Hall v. State of Indiana
06A05-1003-CR-187
Criminal. Reverses conviction of operating a motor vehicle as a habitual traffic offender as a Class D felony. The trial court committed fundamental error in its instruction on the mens rea element of the Habitual Traffic Violator Statute. Remands for a new trial.
Indiana Attorney General Greg Zoeller is asking legislators to make changes to the state’s civil forfeiture law during the 2011 session. He wants to work with lawmakers to create and pass a bill that establishes a formula on how forfeitures would be distributed and enacts stricter regulations on the use of outside counsel to file civil forfeiture actions on behalf of prosecutors.
The 7th Circuit Court of Appeals reversed a District Court’s upholding of the Social Security Administration’s denial of a woman’s application for benefits because the Administrative Law Judge erred by not including her moderate limitation on concentration, persistence, and pace in the hypothetical he posed to a vocational expert.
An Indiana Court of Appeals decision today places a burden on police officers to make sure interview room video cameras don’t infringe upon meaningful consultation when a juvenile is involved.