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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.
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.
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.
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.
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.
The Indiana Court of Appeals was faced with an issue between a Vanderburgh County church and its former national organization involving what happens to the local church property once the local church defected to another Presbyterian organization.
A retirement ceremony for Indiana’s first Tax Court judge will happen Friday at the Indiana Statehouse.
An Indiana Court of Appeals judge dissented from his colleagues’ majority holding, finding their ruling would “fundamentally alter contracts” dealing with safety on jobsites.
An early morning fire in downtown Indianapolis gave two nearby law firms a scare as flames poured out of the building.
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.
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.
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.
As part of a three-day program that includes state finals for a civics competition that the Indiana Bar Foundation oversees, students will witness a naturalization ceremony this evening in downtown Indianapolis.
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.
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.
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.
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.
The Indiana Supreme Court has ordered that a man’s sentence be reduced after the lower appellate court increased it on appeal.
Mark Massa, the Republican candidate for Marion County prosecutor, is the new chairman of the Alcohol & Tobacco Commission. Gov. Mitch Daniels announced the appointment Thursday.
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.