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Opinions Nov. 4, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
DBL Axel LLC v. Lasalle Bank National Association
15A01-1003-PL-205
Civil plenary. Affirms order directing immediate turnover of funds in favor of LaSalle Bank. The checks paid by the city of Lawrenceburg to DBL concerned the property in question and were within the scope of and subject to the receivership order, and DBL’s failure to include that money paid or otherwise notify the receiver of the settlement agreement was a violation of that order. Remands for the trial court to amend its order directing immediate turnover of funds and enter an order directing turnover in the amount of $1,365,500.

In the Matter of the Guardianship of Azzie Justice v. Garnet S. Justice (NFP)
43A03-0912-CV-584
Civil. Affirms appointing Garnet as the guardian of the person and estate of Azzie.

Linda Chiesi v. State of Indiana (NFP)
64A05-1003-PC-205
Post conviction. Affirms denial of petition for post-conviction relief.

Term. of Parent-Child Rel. of C.J.M.; C.M. v. Lake County DCS (NFP)
45A03-1004-JT-248
Juvenile. Affirms termination of parental rights.

Kenneth Mitan v. Richard E. Deckard Family Limited Partnership #206 (NFP)
53A01-0912-CV-612
Civil. Affirms conclusion that Mitan was a proper party to the partnerships forfeiture action. Reverses award of all personal property and remands with instructions to award to the partnership only that personal property specified by the contract as being included in the sale.

Nickolas Sandifer v. State of Indiana (NFP)
45A03-1004-CR-186
Criminal. Affirms denial of Sandifer’s unverified, oral motion to withdraw his guilty plea.

Indiana Tax Court had posted no opinions at IL deadline.

 

Opinions Nov. 4, 2010

Indiana Court of Appeals
DBL Axel LLC v. Lasalle Bank National Association
15A01-1003-PL-205
Civil plenary. Affirms order directing immediate turnover of funds in favor of LaSalle Bank. The checks paid by the city of Lawrenceburg to DBL concerned the property in question and were within the scope of and subject to the receivership order, and DBL’s failure to include that money paid or otherwise notify the receiver of the settlement agreement was a violation of that order. Remands for the trial court to amend its order directing immediate turnover of funds and enter an order directing turnover in the amount of $1,365,500.

COA affirms man not falsely arrested, imprisoned

The Indiana Court of Appeals declined to address whether a pro se prisoner is “incapacitated” for purposes of the Indiana Tort Claims Act in a man’s appeal of his suit involving false arrest and false imprisonment.

High court takes certified questions in NCAA case

The Indiana Supreme Court has accepted three certified questions proposed by a federal appeals court that arose in a case involving the National Collegiate Athletic Association’s ticket-distribution system for championship tournaments.

Southern District seeks comment on rule changes

The U.S. District Court for the Southern District of Indiana has proposed several amendments to its Local Rules involving discovery disputes, class action suits, appearances, and sentencing.

Opinions Nov. 3, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Doris Mitchell v. State of Indiana (NFP)
48A05-1003-CR-274
Criminal. Affirms conviction of Class D felony marijuana possession.

State of Indiana v. Jermain Blue (NFP)
02A03-1003-CR-139
Criminal. Affirms grant of Blue’s motion to suppress evidence against him.

Kareen Dunn v. State of Indiana (NFP)
34A04-1003-CR-261
Criminal. Affirms sentences following guilty plea to Class D felonies possession of cocaine and criminal recklessness.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Nov. 3, 2010

Indiana Court of Appeals
James K. Oberst v. State of Indiana
14A05-1003-PC-157
Post conviction. Affirms denial of petition for post-conviction relief. Because Oberst gave his statement that he had sex with the victim to police in counsel’s presence before adversary criminal proceedings had been initiated, he had no Sixth Amendment right to counsel and therefore no right to the effective assistance of counsel.

COA upholds denial of post-conviction relief

The Indiana Court of Appeals agreed with the post-conviction court that a defendant didn’t receive ineffective assistance of trial counsel, finding the man had no right to the effective assistance of counsel at the time he gave a statement to police in front of the attorney.

‘Greening Statehouse’ event at IU-Indy

The Hoosier Environmental Council’s third annual “Greening the Statehouse” happens Saturday at Indiana University School of Law – Indianapolis.

High court takes 3 cases

The Indiana Supreme Court will hear a case in which a dissenting Court of Appeals judge worried that the majority’s finding would head toward a bright-line rule regarding the officer safety exception to the warrant requirement in the context of a car on the side of the road.

Opinions Nov. 2, 2010 ILD

The Indiana Supreme Court, Indiana Court of Appeals, and Indiana Tax Court were closed in observance of Election Day.

The Indiana Supreme Court granted three transfers and denied 12  for the week ending Oct. 26.
 

Opinions Nov. 2, 2010

The Indiana Supreme Court, Indiana Court of Appeals, and Indiana Tax Court were closed in observance of Election Day.

Court History Symposium set for Nov. 18

The third annual “Court History Symposium: Court History and History in the Making” CLE will feature remarks from Southern District judges as the court enters a new era.

Opinions Nov. 1, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Michael J. Shepard v. State of Indiana (NFP)
82A05-1002-CR-94
Criminal. Affirms conviction of Class D felony resisting law enforcement and Class C misdemeanor operating a vehicle with an alcohol concentration of 0.08 or more.

Phillip Ibrahim v. Automotive Finance Corp. (NFP)
49A02-1002-CC-99
Civil collection. Affirms summary judgment in favor of Automotive Finance Corporation on its complaint for breach of contract, breach of guaranty, fraud, and check deception.

Term. of Parent-Child Rel. of D.M., et al.; H.M. and D.M. v. I.D.C.S. (NFP)
20A04-1003-JT-204
Juvenile. Affirms involuntary termination of parental rights.

R.E. v. B.L. (NFP)
02A03-1002-DR-111
Domestic relation. Affirms order granting maternal aunt B.L.’s petition for custody of R.E.’s daughter.

Jane Lareau v. Ernest Lareau (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2010/november/11011002ehf.pdf
79A05-1002-DR-117
Domestic relation. Affirms orders deciding issues that arose after dissolution of marriage.

Indiana Tax Court had posted no opinions at IL deadline.
 

Judge grants attorney summary judgment in collections suit

A federal judge ruled in favor of an Indianapolis attorney involved in a class-action suit alleging he violated the Fair Debt Collection Practices Act. The judge granted summary judgment to the attorney after finding the class representative fell outside the class definition.