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Opinions Oct. 8, 2010 ILD

 Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Earl Budd v. State of Indiana
31A01-0910-PC-504
Post conviction. Affirms denial of successive petition for post-conviction relief. The post-conviction court didn’t err by finding Indiana Code Section 35-50-6-3.3(h)(2)(B) doesn’t constitute a bill of attainder, an ex post facto law or a denial of equal protection.

R.R. F. v. L.L.F.
69A01-1001-DR-77
Domestic relation. Affirms order father pay retroactive child support to a date preceding the filing date of mother’s petition to modify. The provision in the parties’ agreed entry whereby Father ceased child support payments upon E.F.’s 18th birthday was contrary to law and void. The dissolution court should have credited father for certain payments against the court’s order that he pay $2,961.75 for the period May 11 to Aug. 22, 2009. Remands to the dissolution court and instructs to first consider the reduction in the parents’ obligation toward E.F.’s college expenses realized by mother’s tax credit and then apportion the parents’ obligations accordingly.

Ronald J. McGary v. State of Indiana (NFP)
87A01-1003-CR-129
Criminal. Affirms sentence following guilty plea to operating a motor vehicle as a habitual traffic offender as a Class D felony.

Jason D. Miller v. State of Indiana (NFP)
08A02-1002-CR-129
Criminal. Reverses determination of Miller’s credit time classification and remands for proceedings consistent with this opinion. Affirms convictions of and sentences for Class A felony child molesting and Class C felony child molesting.

Steven A. Reynolds v. State of Indiana (NFP)
29A02-1003-CR-471
Criminal. Affirms sentences for two counts of Class A misdemeanor battery.

Fraternal Order of Police, Evansville Lodge No. 73 v. City of Evansville, IN. (NFP)
82A04-1002-PL-94
Civil plenary. Affirms conclusion the city didn’t breach the collective bargaining agreement by reducing the number of patrol sergeants allowed to work on holidays.

Jeremy M. Frantzreb v. State of Indiana (NFP)
24A05-1002-CR-109
Criminal. Reverses convictions of Class C felony forgery and Class A misdemeanor possession of marijuana and remands for a new trial.

Indiana Parole Board v. Martin De La Torre (NFP)
72A01-1005-CR-254
Criminal. Reveres denial of the Indiana Parole Board’s motion to correct error.

S.T. v. State of Indiana (NFP)
49A02-1002-JV-301
Juvenile. Affirms adjudication for committing what would be Class C felony robbery if committed by an adult.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Oct. 8, 2010

Indiana Court of Appeals
Richmond State Hospital, et al. v. Paula Brattain, et al.
49A02-0908-CV-718
Civil. Reverses finding that the merit employees, represented by Veregge and Strong, are entitled to 20 years of back pay and remands with instructions to recalculate the merit employees’ back pay based on the time period beginning 10 days before the July 29, 1993, complaint was filed and ending when the state abolished the split class system. Instructs the trial court to determine whether the state abolished the split class system on Sept. 12 or Sept. 19, 1993. Affirms in all other respects.

Court cuts $42.4 million state back pay award

The Indiana Court of Appeals today significantly slashed a $42.4 million damages award against the state, cutting the period from which employees can recover back pay from 20 years to about two months.

Former Florida chief justice to speak on diversity

A former chief justice of the Florida Supreme Court, who was on the bench during Bush v. Gore, is the keynote speaker at this year’s President’s Dinner at the Indiana State Bar Association annual meeting in Indianapolis.

COA rules on military benefits to former spouses

Ruling on the issue for the first time, the Indiana Court of Appeals has held that a military spouse may not, by a post-decree waiver of retirement pay in favor of disability benefits or combat-related special compensation, unilaterally and voluntarily reduce the benefits awarded to the former spouse in a dissolution decree.

Court cuts $42.4 million state back-pay award

The Indiana Court of Appeals has ruled on a suit involving $42.4 million in back pay to state employees, significantly reducing the period from twenty years to less than two months.

Opinions Oct. 7, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Dorris Merriweather III v. State of Indiana (NFP)
02A04-0912-CR-691
Criminal. Affirms conviction of Class A felony child molesting and Class C felony child molesting.

Louis Jenkins v. State of Indiana (NFP)
49A02-1003-CR-253
Criminal. Affirms conviction of Class C felony child molesting.

Jamie Lee Benton v. State of Indiana (NFP)
65A05-1002-CR-126
Criminal. Affirms conviction of Class B felony burglary.

Allen Elston v. State of Indiana (NFP)
49A05-1003-CR-137
Criminal. Affirms conviction of Class D felony theft.

L. Steven Beckham, Jacquelyn K. Beckham, and Amos Agri Products, Inc. v. Lafayette Bank and Trust Company (NFP)
79A05-0909-CV-554
Civil. Affirms judgment in favor of Lafayette Bank and Trust following a bench trial on the bank’s complaint seeking to foreclose on certain real property.

Steven Pritt v. State of Indiana (NFP)
49A04-0909-CR-554
Criminal. Affirms convictions of Class A felony child molesting and reverses one conviction of Class C felony child molesting.

Indiana Tax Court had posted no opinions at IL deadline.

Opinions Oct. 6, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Term. of Parent-Child Rel. of J.W.; J.W. v. IDCS (NFP)
 45A03-1002-JT-69
Juvenile. Affirms termination of parental rights.

Term. of Parent-Child Rel. of C.R.; N.Q. & J.R. v. I.D.C.S. (NFP)
 20A03-1003-JT-135
Juvenile. Affirms termination of parental rights.

Samuel Lewis v. State of Indiana (NFP)
20A03-1001-CR-96
Criminal. Affirms conviction of and 48-year aggregate executed sentence for four counts of Class A felony dealing in cocaine and one count of Class B felony dealing in cocaine.

Indiana Tax Court had posted no opinions at IL deadline.

 

Opinions Oct. 6, 2010

Indiana Court of Appeals
Charles J. Kennedy v. State of Indiana
89A04-0907-CR-380
Criminal. Affirms conviction of and 27-year sentence for Class A felony robbery and Class A felony conspiracy to commit robbery. Rules the trial court properly admitted DNA evidence and properly allowed testimony of a witness not discovered until mid-trial. Also rules sentence is appropriate.

Opinions Oct. 5, 2010 ILD

Indiana Supreme Court
In the Matter of Paternity of P.S.; B.S. v. L.S. & G.D.
02S03-1010-JV-518
Juvenile. Rules the trial court did not abuse its discretion in denying father’s motion for relief from judgment.

Indiana Court of Appeals
State of Indiana v. Amanda Renzulli
32A04-1003-CR-194
Criminal. Affirms trial court’s suppression of evidence obtained after a traffic stop of Renzulli. Judge Bradford dissents., believing police officers had reasonable suspicion.

Tyra L. Brooks v. Larry D. Brooks (NFP)
10A05-0909-CV-546
Civil. Affirms trial court’s dissolution decree.

David Ramos v. Robert W. James and David Hoover (NFP)
34A05-1005-CT-301
Civil tort. Affirms trial court’s grant of summary judgment in favor of David Hoover.

Term. of Parent-Child Rel. of B.D.; G.D. v. IDCS (NFP)
02A03-1004-JT-224
Juvenile Termination. Affirms involuntary termination of parental rights.

Mardi Clemens v. Daniel Clemens (NFP)
02A03-1003-DR-118
Domestic Relation. Concludes the trial court committed error by ordering the wife to pay damages to the husband equal to the amount of the death benefits of the first life insurance policy surrendered by her. Remands for the trial court to adjust its order so that the wife pays to husband the amount that wife received when she liquidated the policy plus any interest that has accrued.

Debra L. Walker v. David M. Pullen (NFP)
64A05-1002-CT-127
Civil tort. Affirms trial court’s grant of Pullen’s motion to correct error after a jury verdict.

William Moore v. State of Indiana (NFP)
49A04-1002-CR-58
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

David Likens v. State of Indiana (NFP)
49A02-1003-CR-360
Criminal. Affirms conviction of and 10-year sentence for Class B felony battery.

Kristopher G. Runkle v. State of Indiana (NFP)
05A02-1004-CR-479
Criminal. Affirms conviction of and 4-year sentence for Class D felony residential entry and Class A misdemeanor battery resulting in bodily injury.

Angel L. Highbaugh v. State of Indiana (NFP)
20A03-0911-CR-547
Criminal. Affirms conviction of Class D felony domestic battery.

Robert Lavaugh Ackles v. State of Indiana (NFP)
48A02-1002-CR-118
Criminal. Affirms 36-month sentence – 24 months executed, 12 months suspended – after guilty plea to Class D felony operating a vehicle with an alcohol concentration equivalent of at least 0.15, and failure to yield right-of-way to emergency vehicle and operating a vehicle without financial responsibility, both as a Class A infraction.

Thomas L. White v. State of Indiana (NFP)
20A05-1001-CR-38
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated but remands for the trial court to issue a new sentencing order and abstract of judgment regarding his second conviction of OWI to reflect that this conviction is merged with Count I.

Roderick L. Ensley v. State of Indiana (NFP)
02A03-0907-CR-348
Criminal. Affirms in part, reverses in part, and vacates. Rules the trial court did not abuse its discretion in admitting the evidence discovered during the search. Also concludes the evidence was insufficient to support Ensley’s conviction of Class D felony possession of cocaine so reverses that conviction and directs the trial court to vacate the conviction and the attendant sentence.

The Indiana Tax Court had posted no opinions at IL deadline.
 

Indiana Supreme Court upholds death sentence

The Indiana Supreme Court has declined to grant a twice-convicted death row inmate’s request for a new trial, upholding his convictions and penalty for murders that go back more than a decade.

Opinions Oct. 5. 2010

Indiana Supreme Court
Wayne D. Kubsch v. State of Indiana
71S00-0708-PD-335
Post-conviction. Affirms judgment of the post-conviction court. Kubsch appeals, raising several issues for review, nine of which are waived because they were known and available at the time of Kubsch’s direct appeal and another three issues are barred because of the doctrine of res judicata. Regarding claims the prosecutor failed to disclose exculpatory evidence, rules information was not material and he failed to establish the nine requirements for obtaining a new trial due to newly discovered evidence so his Brady v. Maryland, 373 U.S. 83 (1963), claim fails. Also rules Kubsch failed to demonstrate that counsel rendered ineffective assistance.

Governor: 1-year cooling off period applies to ALJs

The governor today fired the state's top utility regulator, citing ethical concerns about how a former Administrative Law Judge presided over cases involving a regulated energy company leading up to his taking a job there.

High court tackles use-tax issue

The Supreme Court today ruled that a contribution by a parent corporation to the capital of its subsidiary is not automatically excluded from Indiana use tax.