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Oral argument rescheduled

The Indiana Court of Appeals has rescheduled the oral argument set for Tuesday, Feb. 1, in Indianapolis.

Opinions Jan. 31, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Cynthia L. Foley v. Robert L. Schwartz and Danny L. Collins
78A04-1005-CT-305
Civil tort. Reverses grant of Schwartz’s motion to dismiss Foley’s complaint following an ATV accident on Collins’ property. The trial court erred when it granted Schwartz’s motion to dismiss for lack of personal jurisdiction. Remands for further proceedings.

Term. of Parent-Child Rel. of D.B.; W.B. v. IDCS and Lake County CASA
45A03-1005-JT-285
Juvenile. Reveres involuntary termination of father W.B.’s parental rights to his child D.B. Given the circumstances before the court, this case hasn’t reached the “last resort” stage to terminate the relationship. Remands for further proceedings under the juvenile court’s previous child in need of services orders.

Merle R. Webb v. State of Indiana
49A02-1006-CR-650
Criminal. Affirms sentence following guilty plea to driving while suspended as a Class A misdemeanor, robbery as a Class B felony, six counts of fraud as Class D felonies, and two counts of attempted fraud as Class D felonies. As Webb pled guilty to all charges without the benefit of a plea agreement, the trial court should have identified his guilty plea as a mitigating factor. However, the trial court would not have imposed a lesser sentence even if it had explicitly identified his guilty plea as a mitigating factor. Webb has not established that his sentence is inappropriate.

John M. Norris v. State of Indiana
64A05-1003-CR-168
Criminal. Affirms conviction of murder. The trial court did not err in refusing to instruct the jury on involuntary manslaughter and there is sufficient evidence to prove that Norris knowingly or intentionally killed his long-term live-in girlfriend.

Brett Zagorac v. State of Indiana
45A03-0910-CR-481
Criminal. Affirms denial of motion to correct error following the summary denial of Zagorac’s petition to expunge his arrest record. He hasn’t show the summary denial was an abuse of the trial court’s “almost unfettered discretion” to deny his petition nor can he succeed with his argument that the expungement statute violates the Indiana Constitution as he waived that argument for appeal.

Charleen (Turi) King v. Kenneth Robert Turi (NFP)
82A01-1006-DR-267
Domestic relation. Affirms denial of King’s motion to correct error following the court’s ruling on her information for indirect contempt. Remands for a hearing on appellate attorney fee damages.

Daniel J. Hooper v. Donna J. Smith (NFP)
32A01-1009-DR-439
Domestic relation. Reverses order granting Smith’s “motion for acceptance of jurisdiction under the Uniform Child Custody Jurisdiction Act.”

Roy A. Selby v. State of Indiana (NFP)
63A01-1005-CR-235
Criminal. Affirms convictions of child molesting, one count as a Class A felony and one count as a Class C felony, and 50-year aggregate sentence.

Gary G. Lane v. State of Indiana (NFP)
15A01-1007-CR-346
Criminal. Affirms sentence imposed following revocation of probation.

G.W. v. Review Board (NFP)
93A02-1004-EX-542
Civil. Affirms denial of claim for full unemployment benefits.

Katherine Weber v. Carrie Schlichtenmyer (NFP)
02A03-1008-PL-460
Civil plenary. Affirms summary judgment in favor of Schlichtenmyer as personal representative of the estate of Gerald Schlichtenmyer on Weber’s claim asserting the estate owed her money for personal services rendered to Gerald before his death.

Marty B. Beard v. State of Indiana (NFP)
12A02-1001-CR-423
Criminal. Affirms conviction of Class D felony maintaining a common nuisance but reverses the Class D felony conviction of possession of precursors. Affirms sentence enhancement imposed due to habitual substance offender status. Remands for further proceedings.

Term. of Parent-Child Rel. of Ca.K and Co.K.; J.S. v. I.D.C.S. ad Monroe County CASA (NFP)
53A05-1006-JT-345
Juvenile. Affirms involuntary termination of parental rights.

Dorian L. Harris v. State of Indiana (NFP)
71A04-1004-CR-258
Criminal. Affirms convictions of Class B felonies burglary and robbery.

Virgil Austin v. State of Indiana (NFP)
49A02-1007-CR-868
Criminal. Affirms sentence following guilty plea to two counts of Class C felony operating a motor vehicle after license forfeited for life, Class D felony resisting law enforcement, and Class A misdemeanor criminal recklessness.

R.K. v. State of Indiana (NFP)
49A02-1002-JV-343
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class A misdemeanor possession of marijuana if committed by an adult.

Jackie Joiner v. State of Indiana (NFP)
89A01-1005-CR-249
Criminal. Affirms conviction of Class C felony nonsupport of a dependent child.

A.C., et al., Alleged to be CHINS; D.B. v. IDCS and Child Advocates (NFP)
49A05-1002-JC-154
Juvenile. Affirms adjudication of A.C. as a child in need of services. Remands for the court to remove reference to E.C. from the order that D.B. establish paternity.

Tiffany Shelman v. State of Indiana (NFP)
49A02-1006-CR-664
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

Scott A. Hesser v. Wendy S. Hesser (NFP)
71A05-1004-DR-300
Domestic relation. Affirms division of marital property.

Conan L. Helsley v. State of Indiana (NFP)
87A05-1006-CR-402
Criminal. Affirms order denying Helsley’s motion for discharge pursuant to Indiana Criminal Rule 4(C) and remands for trial.

James Daher, Jr. v. State of Indiana (NFP)
56A03-1006-CR-315
Criminal. Affirms conviction of Class B felony conspiracy to commit escape with a deadly weapon.

Gregory Barkdull v. State of Indiana (NFP)
48A05-1004-CR-218
Criminal. Affirms convictions of and 9-year sentence for Class D felony operation a vehicle while intoxicated, Class C infraction speeding, and determination he is an habitual substance offender.

T.B. v. Review Board (NFP)
93A02-1003-EX-535
Civil. Affirms Review Board’s affirmation of an administrative law judge’s decision finding T.B. was terminated for good cause.

Adoption of D.M.C., et al.; D.L.C. v. Chr.P. and Cha.P. (NFP)
43A03-1007-AD-370
Adoption. Affirms adoption by stepfather Chr.P.

D.A. v. State of Indiana (NFP)
49A05-1006-JV-448
Juvenile. Affirms adjudication as a delinquent for committing what would be two counts of Class B felony child molesting if committed by an adult.

Company v. Review Board, K.S. (NFP)
93A02-1007-EX-765
Civil. Affirms decision to grant unemployment benefits to K.S.

Term. of Parent-Child Rel. of S.S.; B.S. & T.S. v. I.D.C.S. (NFP)
15A05-1006-JT-406
Juvenile. Affirms termination of parental rights.

David Farmer, II v. State of Indiana (NFP)
55A05-1008-CR-512
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

Charles D. Lamphier v. State of Indiana (NFP)
71A03-1006-CR-335
Criminal. Affirms sentence following guilty plea to operating a motor vehicle after driving privileges had been forfeited for life as a Class C felony.

Monica M. Emmons v. State of Indiana (NFP)
30A05-1004-CR-414
Criminal. Affirms trial court didn’t abuse its discretion in allowing a brief continuance or in admitting audio recordings. Reverses trial court award of credit time and remands with instructions to recalculate the amount of credit time.

Charles Vernon Nute, Jr. v. State of Indiana (NFP)
48A02-1007-CR-828
Criminal. Affirms convictions of two counts of Class D felony child solicitation and one count of Class C felony child molesting.

Kaouthar Chamem v. State of Indiana (NFP)
49A05-1004-CR-214
Criminal. Affirms conviction of Class B misdemeanor battery.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted one transfer and denied 12 for the week ending Jan. 28.
 

Opinions Jan. 31, 2011

Indiana Court of Appeals
Cynthia L. Foley v. Robert L. Schwartz and Danny L. Collins
78A04-1005-CT-305
Civil tort. Reverses grant of Schwartz’s motion to dismiss Foley’s complaint following an ATV accident on Collins’ property. The trial court erred when it granted Schwartz’s motion to dismiss for lack of personal jurisdiction. Remands for further proceedings.

Justices accept parental-rights termination case

The Indiana Supreme Court has taken a Marion County case involving the termination of a mother’s parental rights in which the Indiana Court of Appeals took issue with several details in the case.

Federal judge rules against state on immigrant paternity case

Sitting at the crossroads between immigration law, paternity establishment, and the controversy on how the United States handles illegal immigrants, a federal judge in Indianapolis has ordered state health officials to stop denying unmarried immigrant parents without a Social Security number the ability to file an affidavit establishing paternity.

Opinions Jan. 28, 2011 ILD

Indiana Supreme Court posted no opinions at IL deadline.

Indiana Court of Appeals
Christopher West v. State of Indiana
24A04-1005-CR-342
Criminal. Affirms convictions of using fraud or misrepresentation in the offer or sale of a security, a Class C felony; the offer or sale of an unregistered security, a Class C felony; and the offer or sale of a security by an unregistered broker-dealer, a Class C felony. West raised the following issues: whether the trial court erred in denying West’s motion to dismiss; whether the trial court erred in instructing the jury; and whether there is sufficient evidence to support West’s convictions.
    
Dennis J. Turner v. State of Indiana (NFP)
06A05-1006-CR-427
Criminal. Affirms conviction of and sentence for burglary as a Class B felony.

State of Indiana v. Jermain Blue (NFP)
02A03-1003-CR-139
Criminal. Denies rehearing of Nov. 3, 2010, opinion regarding suppression of state’s evidence obtained pursuant to a search warrant that was invalid under the fruit of the poisonous tree doctrine.

Travis R. Rush v. State of Indiana (NFP)
09A02-1006-CR-637
Criminal. Affirms conviction of battery, a Class C felony.

John Wilson v. State of Indiana (NFP)
49A02-1006-CR-677
Criminal. Affirms conviction of three counts of reckless homicide as Class C felonies.

Luiz Alves v. Damon R. Leichty, et al. (NFP)
71A03-1005-PL-301
Civil. Affirms trial court’s grant of summary judgment in favor of Leichty and other appellees-defendants. Also affirms trial court’s entry of judgment on counterclaim of counterclaim plaintiff Barnes & Thornburg in the amount of $93,992.40 plus costs.

Nikol Hutnik v. State of Indiana (NFP)
30A04-1005-CR-298
Criminal. Affirms conviction of dealing in a schedule II controlled substance, a Class B felony.

O.V. v. State of Indiana (NFP)
49A02-1005-JV-574
Juvenile. Affirms juvenile court’s order modifying O.V.’s probation by removing him from his home and placing him in a rehabilitation and treatment center outside of his home county.

Pretiss Huff v. State of Indiana (NFP)
49A04-1008-PC-575
Post-conviction. Affirms denial of Huff’s petition for post-conviction relief.

Indiana Tax Court posted no opinions at IL deadline.
 

Opinions Jan. 28, 2011

Indiana Court of Appeals
Keith Eberle v. State of Indiana
58A01-1003-CR-105
Criminal. Affirms convictions of Class D felony intimidation, Class C felony stalking, and two counts of Class B misdemeanor harassment due to text messages and phone calls from Eberle to an employer-issued cell phone that belonged to an Ohio County jail matron.

Court seeks ICLEO applicants

The Indiana Supreme Court posted a reminder on its website today that applications for the Indiana Conference for Legal Education Opportunity are due March 1 for the 2011 ICLEO summer institute that will take place at Notre Dame Law School from June 13 through July 22.

Longtime Bloomington law professor dies

An Indiana University Maurer School of Law professor who taught at the law school for more than 40 years died Wednesday. The law school announced Patrick L. Baude, the Ralph F. Fuchs Professor Emeritus of Law and Public Service at Indiana University Maurer School of Law died in his Bloomington home after a brief illness.

Federal judge certifies state question on misdemeanor voting

A federal judge in Indianapolis wants the Indiana Supreme Court to decide whether the term “infamous crime” as used in the state constitution applies to misdemeanors and can be used to keep those convicts from voting.

Opinions Jan. 27, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Tony E. Bennett v. State of Indiana (NFP)
25A03-1008-CR-422
Criminal. Affirms sentence following guilty plea to three counts of Class D felony theft.

Guadalupe Torres v. State of Indiana (NFP)
71A03-1007-CR-383
Criminal. Affirms convictions of murder and Class C felony assisting a criminal.

David P. Pollack v. State of Indiana (NFP)
49A02-1006-CR-642
Criminal. Affirms conviction of Class B misdemeanor battery.

Robert A.C. Murphy v. State of Indiana (NFP)
18A02-1003-CR-299
Criminal. Affirms conviction of and sentence for murder.

Barbara R. Ball v. State of Indiana (NFP)
71A04-1009-CR-554
Criminal. Affirms convictions of Class D felonies resisting law enforcement and dealing in marijuana.

Steve Nevill v. Woodland Heights Property Owners Assoc., et al. (NFP)
67A01-1007-SC-360
Small claim. Affirms judgment in favor of the association in its action for unpaid property owners’ association dues and late fees and judgment against Nevill on his counterclaim for slander, defamation, and dereliction of duties.

Terrace Garden Association, Inc. v. Len C. Lantz, et al. (NFP)
76A05-1004-MI-258
Miscellaneous. Affirms judgment for the Reiths in Terrace Garden’s action to quiet title and for adverse possession regarding a 30-foot parcel of real estate that was originally filed against Lantz.

Indiana Tax Court had posted no opinions at IL deadline.
 

7th Circuit: Staff should have told inmate to stop taking aspirin

A District Court erred in granting summary judgment for the government on an inmate’s suit claiming his complications from a surgery were the result of the prison medical staff disregarding instructions he stop taking blood thinners prior to his surgery.

Majority upholds dismissal of unemployment benefits appeal

The Indiana Court of Appeals split today on whether a woman’s appeal after she was denied unemployment benefits should be reinstated. The woman claimed she missed the administrative law judge’s phone call because of confusion regarding different time zones.

Marion County has first human trafficking conviction

The conviction of a man on human trafficking charges Tuesday is the first time the Marion County Prosecutor’s Office has convicted someone on that charge since the state’s human trafficking law was enacted in 2007.

Opinions Jan. 26, 2011, ILD

7th Circuit Court of Appeals
United States of America v. Ty Brock
10-2385
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Criminal. Affirms denial of motion to suppress items found in Brock’s car during a checkpoint stop. Because the checkpoint was neither objectively nor subjectively intrusive in any way that would outweigh the government’s interest in operating it, the checkpoint stop didn’t violate his Fourth Amendment rights.

Indiana Supreme Court
Fredrick Michael Baer v. State of Indiana
48S00-0709-PD-362
Death penalty. Affirms denial of post-conviction relief following previous affirmation of Baer’s death sentence for two counts of murder. He did not receive ineffective assistance of trial or appellate counsel, his death sentence doesn’t violate the Eighth Amendment, and the trial judge didn’t error in rejecting his guilty but mentally ill plea.

Indiana Court of Appeals
Dan Cristiani Excavating Co. Inc. v. Jeremy Money and Kerri Money
10A05-1002-CT-114
Civil tort. Affirms verdict in favor of the Moneys for injuries sustained by Jeremy in a bulldozer accident. The trial court did not abuse its discretion in denying bifurcation of the trial or in declining to allow the jury to view actual or photographic evidence of the bulldozer involved. Cristiani waived the issue of whether Jeremy’s life-care planner was qualified to testify as an expert and that the weight to be given to her testimony was properly conceded by the jury. Cristiani failed to establish actual personal bias by the trial judge.

A.H. v. State of Indiana
10A05-1003-CR-256
Criminal. Reverses one count of Class B felony incest. The evidence, which included A.H.’s stipulated polygraph, was insufficient to prove this conviction beyond a reasonable doubt. Remands for the trial court to vacate this conviction and accompanying sentence and for further proceedings.

Term. of Parent-Child Rel. of T.T., et al.; A.T. v. I.D.C.S. (NFP)
29A05-1008-JT-475
Juvenile. Affirms termination of parent-child relationship.

Gene Hooks v. State of Indiana (NFP)
82A01-1005-CR-220
Criminal. Affirms convictions of two counts of Class C felony child molesting.

Jonathan R. Dye v. State of Indiana (NFP)
21A01-1004-CR-168
Criminal. Revises sentence following guilty plea to two counts of dealing in a controlled substance, one as a Class B and one as a Class C felony, and remands for a sentence of 10 years with two years suspended.

Christopher West v. State of Indiana (NFP)
21A04-1004-CR-303
Criminal. Affirms West’s convictions of two counts of dealing in cocaine as class B felonies and one count of possession of cocaine as a Class D felony. Reverses the trial court’s imposition of consecutive sentences as to the two dealing convictions. Remands for further proceedings.

Melissa A. (Scales) Crupper v. Charles D. Scales, Jr. (NFP)
87A05-1008-DR-500
Domestic relation. Affirms judgment granting father physical custody of the children.

Tevin Reaves v. State of Indiana (NFP)
71A04-1005-CR-332
Criminal. Affirms conviction of murder but sua sponte vacates the conviction of conspiracy to commit murder and sentence on double jeopardy grounds.

Paternity of T.A.; J.M. v. A.A. (NFP)
28A01-1007-JP-387
Juvenile. Affirms order that J.M.’s minor child should assume the surname of A.A., the child’s mother.

Arthur E. Lott, Jr. v. State of Indiana (NFP)
02A04-1006-CR-383
Criminal. Affirms conviction of Class C felony burglary.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Jan. 26, 2011

7th Circuit Court of Appeals
United States of America v. Ty Brock
10-2385
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Criminal. Affirms denial of motion to suppress items found in Brock’s car during a checkpoint stop. Because the checkpoint was neither objectively nor subjectively intrusive in any way that would outweigh the government’s interest in operating it, the checkpoint stop didn’t violate his Fourth Amendment rights.

Justices uphold Baer’s death penalty

The Indiana Supreme Court has unanimously affirmed the denial of a murderer’s petition for post-conviction relief, leaving his death sentence in place.