Justices divided on firearm ‘use’ sentencing
A divided Indiana Supreme Court has held that state statute dictates that the use of a firearm can be the grounds for a sentence enhancement that doesn’t constitute a double jeopardy violation.
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South Bend federal judge rules on FedEx class action litigation
A federal judge in South Bend has issued a significant 182-page opinion that holds FedEx drivers nationwide are independent contractors rather than employees entitled to back pay and full benefits.
High court reverses tax decision
An owner of leased property must prove it possesses an exempt purpose separate and distinct from the exempt purpose of its lessee to be entitled to statutory exemption, ruled the Indiana Supreme Court in a decision reversing the Indiana Tax Court.
Opinions Dec. 15, 2010 ILD
Indiana Court of Appeals
Henry C. Woodward v. Kimberlee A. Norton
71A03-1004-DR-225
Domestic relation. Affirms trial court finding that Special Judge Michael Gotsch had properly assumed jurisdiction over portions of the parties’ post-dissolution proceeding and finding Woodward in contempt of court for failing to comply with his child support and child support-related obligations. Woodward waived any objection regarding Special Judge Gotsch’s presence in the action.
Jose Reynosa v. Pedcor Construction Corp, et al.
49A02-1004-CT-434
Civil tort. Affirms order granting motion to dismiss with prejudice Reynosa’s complaint alleging negligence after he was injured in a construction accident in Tennessee. The trial court didn’t err in concluding that Reynosa is barred by Tennessee law from pursuing tort claims against Pedcor and other appellees.
James Norwood v. State of Indiana
49A04-1004-CR-212
Criminal. Reverses conviction of invasion of privacy as a Class A misdemeanor. Because the October 9, 2008, protective order expired on October 9, 2009, before the date of the alleged violation on December 26, 2009, the evidence is insufficient to sustain Norwood’s conviction.
Joe Brewer v. State of Indiana
49A04-1004-CR-257
Criminal. Affirms conviction of sale of alcoholic beverages without a permit as a Class B misdemeanor. There is sufficient evidence to sustain his conviction.
Rick Hill v. State of Indiana (NFP)
01A02-1002-CR-181
Criminal. Affirms convictions of 12 counts of Class A misdemeanor cruelty to an animal and one count of Class D felony improper disposal of an animal that has died.
Robert Murphy v. State of Indiana (NFP)
53A04-1003-CR-149
Criminal. Affirms convictions of Class A felony criminal deviate conduct, Class C felony robbery, and Class D felony criminal confinement.
Jose Carlos Arce v. State of Indiana (NFP)
88A01-1003-CR-155
Criminal. Affirms sentence following guilty plea to Class B felony robbery.
J.S.M. v. B.C.M. (NFP)
73A01-1003-DR-199
Domestic relation. Affirms denial of J.S.M.’s motion to modify custody.
James Alfred Peek, Sr. v. State of Indiana (NFP)
48A02-1005-CR-576
Criminal. Affirms revocation of probation and order Peek serve the balance of his previously suspended sentence in the Department of Correction.
Tilonda Annae Thomas v. State of Indiana (NFP)
02A03-1002-CR-97
Criminal. Affirms conviction of Class D felony residential entry.
Terry A. Hodge v. State of Indiana (NFP)
45A03-1003-PC-146
Post conviction. Affirms denial of successive petition for post-conviction relief.
Colip-Riggin Corporation v. Rea Riggin & Sons, Inc., et al. (NFP)
18A04-1001-PL-13
Civil plenary. Affirms order granting Rea Riggin & Sons Inc.’s motion to dismiss a complaint alleging breach of contract.
Hummer Transportation, et al. v. Kimberly Spoa-Harty, et al. (NFP)
64A04-1002-CT-72
Civil tort. Affirms jury verdict and judgment on the issue of damages in favor of Spoa-Harty and Harty in a personal injury action.
Justin Croucher v. State of Indiana (NFP)
89A01-1006-CR-293
Criminal. Affirms revocation of probation and execution of nearly all of Croucher’s previously suspended sentence.
Term. of Parent-Child Rel. of M.D., et al.; T.D. v. I.D.C.S. (NFP)
71A03-1006-JT-347
Juvenile. Affirms involuntary termination of parental rights.
M.H. v. Review Board (NFP)
93A02-1005-EX-496
Civil. Affirms decision that M.H. is not eligible for unemployment benefits.
Keith M. Ramsey, M.D. v. Shella Moore, et al. (NFP)
45A05-1005-CT-308
Civil tort. Affirms denial of Methodist Hospital’s motion to dismiss. Reverses denial of Dr. Ramsey’s motion to dismiss. Remands for further proceedings.
Jennifer L. Oder v. State of Indiana (NFP)
30A01-1004-CR-188
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a controlled substance, Class D felony possession of a controlled substance, and Class A misdemeanor possession of marijuana.
Michael D. Robbins v. State of Indiana (NFP)
76A03-1006-CR-328
Criminal. Affirms denial of motion to set aside plea agreement.
Charles E. Justise, Sr. v. State of Indiana (NFP)
77A01-1006-SC-352
Small claims. Affirms dismissal of complaint pursuant to I.C. Section 34-58-1-2.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Dec. 15, 2010
Indiana Supreme Court
Joshua G. Nicoson v. State of Indiana
32S04-1003-CR-150
Criminal. Affirms five-year sentence enhancement for the use of a firearm following Nicoson's convictions of criminal confinement with a deadly weapon as a Class B felony. Holds that adding these years is consistent both with the statutes in question and with the prohibition against double jeopardy.
Judges affirm complaint is time-barred
Although a trial court shouldn’t have adhered to its local rule because it failed to achieve “the ultimate end of orderly and speedy justice,” the Indiana Court of Appeals affirmed the lower court’s finding that a woman’s claim against her deceased husband’s former employer was time-barred.
Madison County joins Odyssey system
Madison County is the latest county to go online with the Indiana Supreme Court’s Odyssey case management system. The system connects counties to a network of courts, clerks, law enforcement, and other state agencies.
Judge Mathias recognized for civics education
Indiana Court of Appeals Judge Paul D. Mathias received the Indiana Bar Foundation’s William G. Baker Award Dec. 12 for his work with civics education. Judge Mathias was cited for his work with the We the People program at the state level and in the 3rd Congressional District in Northeast Indiana.
Appeals court recalls OWI decision
The Indiana Court of Appeals vacated a decision handed down Dec. 9 in which the court was split on the dismissal of a man’s operating while intoxicated charges. The issue was whether the charges should have been dismissed because the defendant didn’t know what vehicle he needed to defend against operating based on the charging information.
Counsel reenergizes section
The immediate past chair of the Indiana State Bar Association’s Corporate Counsel Section, Stephen Landrum Due, is one member of the leadership team who made a push to make the section more active.
Opinions Dec. 14, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Kathy Niegos v. Arcelor Mittal Burns Harbor LLC, f/k/a ISG Burns Harbor, LLC
93A02-1007-EX-762
Civil. Affirms dismissal of Niegos claim, pursuant to the Occupational Disease Act, against her late husband’s former employer. Her failure to notify ArcelorMittal before entering into third-party settlements is fatal to her ODA claim.
Chijoike Bomani Ben-Yisrayl, f/k/a Greagree Davis v. State of Indiana (NFP)
49A02-1003-CR-332
Criminal. Affirms sentence for murder.
Roy Shane Arensman v. State of Indiana (NFP)
22A05-1005-CR-509
Criminal. Reverses conviction of failure to register as a sex offender as a Class D felony.
Oscar Iraheta-Rosales v. State of Indiana (NFP)
49A05-1005-CR-302
Criminal. Affirms convictions of two counts of Class A felony child molesting and one count of Class C felony child molesting.
John Eddie Lindsey v. State of Indiana (NFP)
02A04-1003-CR-239
Criminal. Affirms conviction of Class B felony dealing in cocaine.
Bronskey Smith v. State of Indiana (NFP)
49A04-1003-CR-126
Criminal. Affirms three convictions of dealing cocaine as Class B felonies.
SHF Enterprises, Inc. v. Richard D. Hailey, et al. (NFP)
49A02-0910-CV-962
Civil. Reverses order correcting the amount of damages owed by the Haileys on SHF’s complaint for breach of lease and confirming its intent to deny SHF’s request for attorney’s fees and prejudgment interest.
Quentin S. Phipps v. State of Indiana (NFP)
82A01-1002-CR-46
Criminal. Affirms convictions of and sentences for Class A felony attempted murder, Class B felony attempted armed robbery, Class C felony escape, Class D felony auto theft, and three counts of Class D felony criminal recklessness.
Clayton Frazier v. State of Indiana (NFP)
48A02-1005-CR-549
Criminal. Affirms sentence imposed following revocation of probation.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Dec. 14, 2010
Indiana Court of Appeals
Presbytery of Ohio Valley, Inc., et al. v. OPC, Inc., et al.
82A02-1003-MF-339
Mortgage foreclosure. Reverses summary judgment in favor of appellees-defendants OPC Inc. and others in a property dispute between a local congregation and the national church. When the neutral principles of law approach is applied correctly, the appellants prevail. Remands with instructions.
COA rules in favor of national organization in dispute over church property
The Indiana Court of Appeals was faced with an issue between a Vanderburgh County church and its former national organization involving what happens to the local church property once the local church defected to another Presbyterian organization.
Judge Fisher’s retirement ceremony Friday
A retirement ceremony for Indiana’s first Tax Court judge will happen Friday at the Indiana Statehouse.
Judges split on construction manager’s duty to injured worker
An Indiana Court of Appeals judge dissented from his colleagues’ majority holding, finding their ruling would “fundamentally alter contracts” dealing with safety on jobsites.
Downtown Indianapolis fire affects law firms
An early morning fire in downtown Indianapolis gave two nearby law firms a scare as flames poured out of the building.
COA rules in favor of town on breach of contract claim
The Indiana Court of Appeals reversed partial summary judgment to a city that collected a lower monthly bill rate than what was required for wastewater treatment from a town for 15 years and then sued to recover more than $500,000 it believed was owed to it. The city never informed the town the sewage treatment rate increased or that it was embroiled in a lawsuit over the matter.
Opinions Dec. 13, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Involuntary Commitment of G.M.
33A01-1006-MH-325
Mental health. Holds that the committing court’s conclusion for the basis of its order to commit G.M. – that he was incapable of providing himself food, clothing, shelter, or other essential human needs – wasn’t supported by the evidence. G.M. may be determined to be gravely disabled under another definition set forth in statute. Remands for a review of G.M.’s care and treatment.
Michelle Daub v. State of Indiana (NFP)
85A02-1003-CR-325
Criminal. Affirms denial of motion to suppress.
J.R. v. Review Board (NFP)
93A02-1001-EX-4
Civil. Affirms denial of request for unemployment benefits.
Antelmo Juarez v. State of Indiana (NFP)
20A05-1006-CR-405
Criminal. Affirms conviction of and sentence for murder.
Tiara N. White v. State of Indiana (NFP)
29A04-1005-CR-341
Criminal. Affirms sentence imposed following revocation of probation.
Justin Morris v. State of Indiana (NFP)
54A04-1005-CR-325
Criminal. Affirms sentence following guilty plea but mentally ill to murder and Class B felony arson.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Dec. 13, 2010
Indiana Court of Appeals
Involuntary Commitment of G.M.
33A01-1006-MH-325
Mental health. Holds that the committing court’s conclusion for the basis of its order to commit G.M. – that he was incapable of providing himself food, clothing, shelter, or other essential human needs – wasn’t supported by the evidence. G.M. may be determined to be gravely disabled under another definition set forth in statute. Remands for a review of G.M.’s care and treatment.
‘We The People’ students to witness naturalization ceremony
As part of a three-day program that includes state finals for a civics competition that the Indiana Bar Foundation oversees, students will witness a naturalization ceremony this evening in downtown Indianapolis.