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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.
The Indiana Supreme Court reversed a father’s involuntary termination of parental rights today, noting the lack of clear and convincing evidence.
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.
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.
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.
Delaware County Prosecutor Mark McKinney should be publicly reprimanded for violating four professional conduct rules in his handling of civil forfeiture matters as a private attorney while simultaneously prosecuting those same criminal defendants, according to hearing officer appointed by the Indiana Supreme Court.
The Indiana Supreme Court took a case from the Indiana Court of Appeals involving strict foreclosure in which the lower appellate court adopted the reasoning from a federal case to determine priority rights on liens.
The Indiana Court of Appeals upheld the denial of man’s motion to suppress, finding Indiana Code doesn’t bar law enforcement from investigating violations in private parking lots even if there isn’t a contractual agreement with the property owner to allow officers to enforce traffic ordinances.
7th Circuit Court of Appeals
United States of America v. Charles Suggs
09-2700
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David F. Hamilton.
Criminal. Affirms District Court’s application at sentencing of a four-level increase for using or possessing a firearm in connection with another felony offense after Suggs pleaded guilty to being a felon in possession of a firearm. The District Court could reasonably conclude that Suggs grasped the handgun while resisting officers, ignored their orders, and that his grasp on the handgun without telling officers about his gun implied an intent to bring it forth and use it in some manner.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Lawrence Terrell Davis v. State of Indiana
45A04-1002-CR-97
Criminal. Affirms sentence for Class C felony auto theft, Class D felony resisting law enforcement, Class A misdemeanor resisting law enforcement, and for being a habitual offender. Davis failed to show that the trial court failed to give him the required advisement that by waiving his right to a jury trial on the underlying offenses that he also waived his right to a jury trial in the habitual offender phase. Remands with instructions to enter a habitual offender enhancement that is consistent with the opinion.
Gary S. Moore v. State of Indiana (NFP)
47A01-1001-CR-31
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.
Cory A. Waltmire v. State of Indiana (NFP)
44A03-1002-CR-103
Criminal. Affirms sentences following guilty plea to two counts of Class C felony reckless homicide.
Daniel L. Lannen v. State of Indiana (NFP)
57A03-1004-CR-221
Criminal. Affirms sentence following guilty plea to Class B felony manufacturing methamphetamine.
Corey Stewart v. State of Indiana (NFP)
49A05-1003-CR-139
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
Annex Books, Inc., et al. v. City of Indianapolis, Ind.
09-4156
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms preliminary injunction of ordinance requiring adult bookstores to be closed certain hours. The single article introduced by Indianapolis didn’t support its argument and the evidence of arrest data near the plaintiffs’ store appears to support the plaintiffs.
Indiana’s longest-seated chief public defender and the first ever public defender in Porter County died unexpectedly Sept. 29.
The high court split on whether an “occurrence” under a commercial general liability policy covers an insured contract for faulty workmanship of its subcontractor.
The 7th Circuit Court of Appeals agreed with a Southern District of Indiana judge who granted a preliminary injunction preventing Indianapolis from enforcing the 2002 ordinance that regulates adult-bookstore business hours.
The Fourth Amendment doesn’t prohibit a warrantless search of an operational car found in a public place if police have probable cause to believe the car contains evidence of a crime, the Indiana Supreme Court ruled Thursday.
The Indiana Supreme Court has given state casinos a double win, strengthening their rights by saying they can exclude card-counters and that problem gamblers can’t recover damages stemming from gambling losses as long as the casinos are following state regulations.
The Indiana Court of Appeals has sided with former Columbus, Ind., banker Will Miller in an estate battle launched by his older brother, Hugh.
The Indiana Supreme Court has given casinos a double win today, saying the businesses can ban card-counting and also that state statute doesn’t allow patrons to recover for losses they might incur because of problem gambling.
Justice Theodore R. Boehm marked his departure from the Indiana Supreme Court today with a celebratory retirement ceremony, using that event to announce that he’ll not only be senior judging at the appellate and trial levels but that he’s joining Van Winkle Baten Rimstidt Dispute Resolution in Indianapolis as an arbitrator and mediator.
The attorney for a man challenging the inclusion of a Lake County judicial prospect’s name on the general election ballot will seek an expedited hearing with the Indiana Court of Appeals after justices Wednesday denied a second emergency request for transfer.
Indiana Supreme Court posted no opinions before IL deadline.
Indiana Court of Appeals
In Re: The General Power of Attorney of Xenia S. Miller, et al. v. William Irwin Miller and Sarla Kalsi
03A01-0912-CV-586
Civil. Affirms the trial court in most of its findings: that it properly accepted the accountings, released the attorneys-in-fact from all liability, and declined Hugh Miller’s attorney-fee request. Concludes the attorneys-in-fact are not entitled to their attorney fees, and reverses the judgment to that extent only.
Cincinnati Insurance Co. v. Anita G. Adkins and Wayne Adkins
29A02-0912-CV-1270
Civil. Reverses trial court’s grant of summary judgment for Anita and Wayne Adkins. Cincinnati argues the trial court erred in determining Adkins did not breach the terms of her insurance policy when she settled with a tortfeasor without notice to or consent of Cincinnati.
Joshua Konopasek v. State of Indiana
25A03-1003-CR-155
Criminal. Affirms conviction of battery causing serious bodily injury, a Class C felony. Rules that while evidence about Konopasek’s criminal record should not have been admitted, any error was harmless, and the state’s evidence was sufficient to prove battery and disprove Konopasek’s claim of self-defense.
William Long v. State of Indiana
41A04-0912-CR-743
Criminal. Affirms conviction of Class D felony theft.
Leon Williams v. State of Indiana (NFP)
49A02-1003-CR-306
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Daniel R. Fuquay, Sr. v. State of Indiana (NFP)
82A01-0906-PC-270
Post-conviction. Reverses and remands denial of post-conviction motion to set aside guilty plea to Class D felony possession of cocaine on grounds that the plea was involuntary and that he was denied the effective assistance of counsel.
Joseph M. Shortridge v. Alice Shortridge (NFP)
55A01-0912-CV-595
Civil. Affirms ex parte protective order Alice Shortridge obtained while Alice and Joseph Shortridge were in the process of dissolving their marriage.
Chad Delphia v. State of Indiana (NFP)
48A02-1002-CR-149
Criminal. Affirms revocation of probation and trial court’s decision to terminate Delphia’s in-house detention.
Bonnie Elaine Rock v. Easterday Construction Co., Inc. (NFP)
50A03-0911-CV-534
Civil. Affirms judgment awarding damages to Easterday Construction Co., Inc. and trial court’s determination that a contract existed between the parties.
Marc Stults v. State of Indiana (NFP)
48A02-0902-PC-166
Post-conviction. Affirms denial of petition for post-conviction relief.
Karl J. Griffin v. State of Indiana (NFP)
79A04-1002-CR-154
Criminal. Affirms sentence for Class A felony attempted child molesting.
Robert Hrezo, et al. v. City of Lawrenceburg, et al.
15A01-0907-CV-338
Civil. Affirms trial court’s grant of the city’s motion for summary judgment on Hrezo’s breach-of-contract claim, and reverses the trial court’s denial of the city’s motion for summary judgment on Hrezo’s promissory estoppel claim.
Carmelita Woods v. State of Indiana (NFP)
49A02-1002-CR-387
Criminal. Affirms convictions of battery and criminal trespass, both as Class A misdemeanors.
Craig Britt v. State of Indiana (NFP)
37A04-1001-CR-86
Criminal. Affirms conviction of Class B battery.
T.K. v. Indiana Dept. of Workforce Development, Unemployment Insurance Review Board, and Tippecanoe County (NFP)
93A02-1003-EX-404
Civil. Affirms Indiana Department of Workforce Development Unemployment Insurance Review Board’s denial of unemployment benefits.
Jennifer Bealmear v. State of Indiana (NFP)
84A01-1003-CR-101
Criminal. Affirms sentence for Class C felony battery by means of a deadly weapon.
Calcar Quarries v. Dennis Bledsoe (NFP)
93A02-1004-EX-397
Civil. Affirms decision of the Worker’s Compensation Board to award Bledsoe worker’s compensation benefits and remands because Bledsoe is entitled only to the statutory 5 percent increase in his award.
Jacobo Sanchez-Venegas v. State of Indiana (NFP)
09A05-1001-CR-107
Criminal. Affirms trial court’s revocation of probation.
Shawn Davis v. State of Indiana (NFP)
49A05-1002-CR-70
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Thomas Williams and Sanford Kelsey v. Kelly Eugene Tharp and Papa John’s U.S.A., Inc.
29A02-1003-CT-283
Civil. Reverses and remands trial court’s denial of appellants‘ motion for relief from judgment. Concludes that the injustice suffered by appellants far outweighs any interests that appellees and society might have in the finality of litigation.
Paternity of R.W.B. IV; K.K. v. R.W.B. III (NFP)
78A01-1001-JP-79
Juvenile. Affirms trial court’s judgment granting father’s petition for custody modification.
The Osler Institute, Inc. v. Richard C. Miller, et al. (NFP)
84A05-1003-PL-237
Civil. Affirms trial court’s dismissal of Osler’s complaint.
Indiana Tax Court posted no opinions before IL deadlin