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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.

Justices disagree on prosecutor’s public reprimand

The Indiana Supreme Court has publicly reprimanded a lawyer for what happened to his license when he left private practice to become a full-time prosecutor in northwest Indiana, but the disciplinary action has split the state’s justices on whether a more severe punishment was warranted.

COA affirms murder conviction, sentence of 14-year-old

When asked whether the conviction of and sentence for felony murder were appropriate findings for a 14-year-old offender, the Indiana Court of Appeals today affirmed the Marion Superior Court’s decision.

Opinions Oct. 4, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
SPCP Group, LLC v. Dolson, Inc., et al.
19A01-0912-CV-604
Civil. Affirms denial of SPCP Group’s motion for partial summary judgment and grant of Holland’s cross-motion for summary judgment on SPCP’s complaint seeking foreclosure of a mortgage on Holland’s real property. The undisputed facts establish that the mortgage SPCP seeks to foreclose inaccurately and inadequately describes the debt it purports to secure, and as a result, SPCP cannot establish an essential element of its claim.

Andy Alafogianis, et al. v. Joseph Guffey, et al. (NFP)
33A01-1003-PL-98
Civil plenary. Affirms judgment in favor of Guffey in his suit for the balances owed on each account held by Alafogianis for work Guffey’s companies completed in Alafogianis’ restaurants.

T.J. and Ginger Richard v. Janet Egolf (NFP)
25A04-1001-SC-28
Small claims. Affirms judgment in favor of Eglof on the Richards’ claim of being sold an allegedly lame horse, and in favor of Eglof in her counterclaim regarding costs to care for the horse when the Richards left it with her.

Qwinces LLC, et al. v. Viking Hardwoods, Inc., et al. (NFP)
17A03-1002-CC-102
Civil collections. Reverses default judgment and damages award in favor of Viking Hardwoods in their suit alleging breaches of contract against Quinces and remands for further proceedings.
 
R.R. v. Review Board (NFP)
93A02-0912-EX-1227
Civil. Affirms denial of unemployment compensation benefits.

Bettye Alvis v. Professional Account Service, Inc. (NFP)
84A04-1004-PL-253
Civil plenary. Reverses order awarding Alvis $500 in attorney’s fees and no costs following summary judgment in her favor on her wage payment claim. Remands with instructions to award Alvis $6,460 in attorney fees and $364.17 in costs.

Adoption of W.G.; D.M. and K.M. v. T.G. (NFP)
67A05-1001-AD-105
Adoption. Reverses order granting father T.G.’s motion to set aside the grandparents’ adoption of W.G. based on fraud. Remands with instructions to reinstate the adoption decree.

Jamie Keys v. State of Indiana (NFP)
49A02-1002-CR-101
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Curtis D. Holiday v. State of Indiana (NFP)
34A02-1005-CR-603
Criminal. Affirms sentence following guilty plea to Class C felony possession of cocaine.

Wayne Jewell v. State of Indiana (NFP)
34A05-1002-PC-115
Post conviction. Affirms denial of petition for post-conviction relief.

Wayne Miller v. Jennifer Shue (NFP)
34A04-1002-SC-105
Small claims. Affirms small-claims judgment in favor of Shue for $3,600 and remands for the court to determine an amount of appellate attorney’s fees and costs to which Shue is entitled.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted one transfer and denied transfer to 27 cases for the week ending Sept. 30.
 

Opinions Oct. 4, 2010

Indiana Court of Appeals
Donald L. Pruitt v. State of Indiana
55A01-0912-CR-597
Criminal. Affirms denial of Pruitt’s motion to suppress, who was charged with operating a motor vehicle after driving privileges had been forfeited for life as a Class C felony. The lack of limiting language in Indiana Code Section 9-30-10-17 supports that Indiana Code sections 9-21-18-1 to 9-21-18-15 do not bar law enforcement officers from investigating violations in private parking lots in the absence of a contractual agreement with the property owner. Concludes the police officer had reasonable suspicion to stop Pruitt for driving without headlights.