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Opinions Nov. 10, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Scott D. Wells v. Herman Bud Bernitt, et al.
53A01-0910-CV-494
Civil. Affirms summary judgment in favor of the Bernitts on Wells’ claim against them for defamation because there was no admissible evidence before the court to establish actual malice, an element of defamation. Affirms summary judgment in favor of J.D. Maxwell and Travis Coryea as to Wells’ claim for negligent and intentional torts finding the evidence establishes the officers didn’t use excessive force. Affirms summary judgment for Wells on the Bernitts’ cross appeal alleging abuse of process.

Robert J. Blanford v. Judy D. Blanford
65A01-1004-DR-181
Domestic relation. The trial court erred in calculating Robert’s child support obligations on two worksheets and treating each son as an only child without an explanation of its reasons. Affirms determination and allocation of extraordinary educational expenses as part of Robert’s support obligations related to college education. Reverses assigning funds in his 401(k) to his children rather than Robert and Judy upon S.B.’s completion of a bachelor’s degree because this assignment was a post-dissolution modification of the division of marital assets. Remands with instructions.

C & R Realty, LLC v. Jerry Tooley (NFP)
26A01-1007-PL-391
Civil plenary. Affirms denial of C&R Realty’s motion to set aside a default judgment under Trial Rule 60(B).

Quentin L. Taylor v. State of Indiana (NFP)
02A04-1006-CR-388
Criminal. Affirms sentence following guilty pleas to three counts of Class B felony robbery, one count of Class B felony criminal confinement, and two counts of Class C felony battery.

Mamadou Sow v. State of Indiana (NFP)
49A02-1004-CR-516
Criminal. Affirms Class A misdemeanor conviction of resisting law enforcement.
 
Damon A. Myers v. State of Indiana (NFP)
49A02-1001-PC-154
Post conviction. Affirms denial of petition for post-conviction relief.

Kenneth J. DeBord v. State of Indiana (NFP)
87A01-1006-PC-290
Post conviction. Reverses denial of petition for post-conviction relief. Remands for further proceedings.
 
Paul Catterall v. James Donbrock d/b/a Donbrock Enterprises (NFP)
76A04-1004-SC-219
Small claims. Affirms conclusion Donbrock could collect maintenance fees from Catterall from Jan. 5, 2002, to July 12, 2002. The court erred by ordering Donbrock to pay fees for months prior to Jan. 5 and prejudgment interest. Reverses ruling regarding fees prior to Jan. 5 and remands for an order consistent with the opinion.

Jean D. Schoknecht v. Susan E. Dunlap (NFP)
49A04-0912-CV-745
Civil. Reverses Schoknecht’s claims as a landlord against tenant Dunlap.
 
R.B. v. Review Board (NFP)
93A02-1005-EX-589
Civil. Reverses denial of claim for unemployment benefits.
 
Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Nov. 10, 2010

Indiana Court of Appeals
Scott D. Wells v. Herman Bud Bernitt, et al.
53A01-0910-CV-494
Civil. Affirms summary judgment in favor of the Bernitts on Wells’ claim against them for defamation because there was no admissible evidence before the court to establish actual malice, an element of defamation. Affirms summary judgment in favor of J.D. Maxwell and Travis Coryea as to Wells’ claim for negligent and intentional torts finding the evidence establishes the officers didn’t use excessive force. Affirms summary judgment for Wells on the Bernitts’ cross appeal alleging abuse of process.

COA: State could charge man for leaving scene of fatal accident

The Indiana Court of Appeals affirmed a man’s conviction for failing to return to the scene of a fatal accident, finding the state wasn’t barred under collateral estoppel principles from prosecuting him for the same crime as another man who had already been convicted of causing the victim’s death.

High court vacates transfer order

The Indiana Supreme Court has decided not to take the case of a man who claimed he received ineffective assistance of trial counsel.

ATC chairman stepping down

P. Thomas Snow, a former judge in Wayne County, is resigning as chairman of the Alcohol & Tobacco Commission.

SCOTUS mulling the future of class-action suits

Defense and plaintiffs attorneys alike have their eyes on the Supreme Court of the United States, which has before it a case that some say could spell the end to class-action lawsuits in the name of contractual arbitration.

Opinions Nov. 9, 2010 ILD

The Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Jess David Woods v. State of Indiana (NFP)
18A05-0909-CR-545
Criminal. Affirms Woods’ conviction of and sentence for murder and conspiracy to commit murder.
 
Termination of Parent-Child Relationship of S.M.; T.U. v. Indiana Dept. of Child Services (NFP)
27A04-1005-JT-266
Juvenile. Affirms involuntary termination of parental rights.
 
Emilio Rivera v. State of Indiana (NFP)
49A02-1001-CR-59
Criminal. Affirms convictions of two counts of Class D felony theft of social security cards.  

The Indiana Tax Court posted no opinions before IL deadline.

Court affirms locked glove box search

Without a case on point for the Indiana Court of Appeals to follow, the state’s second-highest appellate court has followed the direction of federal rulings and national precedent on allowing police to search locked glove boxes without a warrant.

[Article Headline]

The Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Jess David Woods v. State of Indiana (NFP)
18A05-0909-CR-545
Criminal. Affirms Woods’ conviction of and sentence for murder and conspiracy to commit murder.
 
Termination of Parent-Child Relationship of S.M.; T.U. v. Indiana Dept. of Child Services (NFP)
27A04-1005-JT-266
Juvenile. Affirms involuntary termination of parental rights.
 
Emilio Rivera v. State of Indiana (NFP)
49A02-1001-CR-59
Criminal. Affirms convictions of two counts of Class D felony theft of social security cards.  

The Indiana Tax Court posted no opinions before IL deadline.

Opinions Nov. 9, 2010

Indiana Court of Appeals
Anthony A. Parish v. State of Indiana
02A03-1002-CR-74
Criminal. Affirms Parish’s convictions of murder, Class B felony robbery, and Class A misdemeanor carrying a handgun without a license, and his sentence to an aggregate term of 86 years of incarceration. On appeal, Parish claimed a protective search of a locked glove box during a traffic stop was constitutionally improper, and therefore evidence found during the search should have been suppressed. COA concluded the protective search was permissible under the Fourth Amendment.

COA: jury should have had access to images

The Indiana Court of Appeals today reversed and remanded a jury verdict in favor of medical care providers in a medical-malpractice case involving a permanent eye injury following laser eye surgery. The appellate court concluded the trial court's evidentiary and instructional rulings constituted reversible error.

IBA: IBF – Your Local Bar’s Charitable Arm

The Indianapolis Bar Foundation has a distinct history and mission, making positive impact in the Indianapolis community through the philanthropy of thousands of IBA members.

IBA: Robb to Lead Indiana Court of Appeals

The Court of Appeals of Indiana has selected Indianapolis Bar Association member, The Hon. Margret G. Robb to succeed The Hon. John G. Baker as the next Chief Judge of the Court.

IBA: Unique ideas at heart of IBA Awards

Tireless effort, unique ideas, and a commitment to service are shared qualities within those selected to receive special honors at the Indianapolis Bar Association’s annual Recognition Luncheon.