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Opinions Oct. 14, 2010 ILD

Today’s opinions

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Town of Culver Board of Zoning Appeals v. Roderick J. Ratcliff and Pamela A. Ratcliff
50A03-1004-MI-179
Miscellaneous. Affirms judgment in favor of the Ratcliffs on their petition for writ of certiorari from an adverse decision of the Board of Zoning Appeals. The storage sheds on a landscaped gravel lot supplied with electricity aren’t considered “structures” within the definition of Culver’s zoning ordinances.

In the Matter of the Adoption of K.F. and T.F.; B.F. v. L.F.
47A04-1006-AD-373
Adoption. Affirms grant of stepmother L.F.’s petition for adoption of B.F.’s minor children. The evidence is sufficient to show mother had the ability to pay child support but did not, and that she is unfit to be a parent.

M.R., M.R., F.R., and K.R., Alleged to be CHINS; F.T. v. IDCS and Child Advocates
49A05-1002-JC-140
Juvenile. Vacates parental participation decree with regard to the alleged father of one of the children and remands for further proceedings. F.T.’s paternity of F.R. has never been established and certain procedural prerequisites for a parental participation decree weren’t followed.

Term. of Parent-Child Rel of J.P., et al; A.P. and A.P. v. I.D.C.S. and Child Advocates (NFP)
49A02-1003-JT-385
Juvenile. Affirms termination of parental rights.

Lisa A. Fowler v. State of Indiana (NFP)
34A04-1003-CR-171
Criminal. Affirms sentence following guilty plea to possession of cocaine within 1,000 feet of a youth program center as a Class B felony.

Jarrod S. Snyder v. State of Indiana (NFP)
57A05-1003-CR-155
Criminal. Affirms revocation of probation and order Snyder serve the entire suspended portion of his sentence.

Mark Thomas v. State of Indiana (NFP)
49A02-1002-CR-193
Criminal. Affirms sentence for Class C felony burglary, Class D felony attempted theft, Class B misdemeanor criminal mischief, and determination Thomas is a habitual offender.

Timothy Williams v. State of Indiana (NFP)
49A02-1003-CR-308
Criminal. Affirms convictions of Class B felony attempted robbery, Class C felony battery, and Class A misdemeanor carrying a handgun without a license.

Phyllis A. Merriweather v. State of Indiana (NFP)
49A02-1003-CR-428
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Indiana Tax Court had posted no opinions at IL deadline.
 

Court reverses indeterminate commitment of juvenile

The Indiana Court of Appeals addressed the interplay between sections 6 and 10 of Indiana Code 31-37-19 governing juvenile commitment for the first time today. The judges noted when they are applied separately the sections produce opposite results regarding the purpose of the statutes.   

Judges define ‘courthouse’ for first time

In a case of first impression, the Indiana Court of Appeals had to decide if a courthouse means a particular building or may be any place that houses the trial courts. Their decision would impact a woman whose home was sold in a sheriff’s sale.

Judges define ‘courthouse’ for first time

In a case of first impression, the Indiana Court of Appeals had to decide if a courthouse means a particular building or may be any place that houses the trial courts. Their decision would impact a woman whose home was sold in a sheriff’s sale.

Justices order new trial to determine fault in Ford rollover suit

The Indiana Supreme Court has reversed the allocation of fault in a wrongful death action against Ford Motor Co. and other defendants, finding the evidence didn’t support allocating fault to the manufacturer of the seatbelt assembly and a nonparty. The high court was also faced with the challenge of allocating fault among the remaining parties.

Opinions Oct. 13, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
State of Indiana v. Eric Booher, et al.
18A04-0910-CV-599
Civil. Reverses award of pre-judgment and post-judgment interest to the Boohers and Nortra Inc. Based on the language in the settlement agreements, the agreements didn’t contemplate any pre-judgment interest other than that accrued on the amounts previously deposited by the state. Remands for a calculation of post-judgment interest because the record doesn’t reveal when or if the state paid the Boohers the remaining principal payment or when the state paid the remaining principal payment under the Nortra judgment.  

Larry E. Hyatt v. State of Indiana (NFP)
48A04-0912-CR-735
Criminal. Affirms convictions of four counts of dealing in cocaine as Class B felonies and one count of maintaining a common nuisance as a Class D felony.

Clarence T. Hunt v. State of Indiana (NFP)
73A04-1001-CR-39
Criminal. Affirms convictions of two counts of Class A felony dealing in a narcotic drug.

Jason Akemon v. State of Indiana (NFP)
38A02-1003-CR-307
Criminal. Affirms conviction of Class B felony rape.

Shavaughn C. Wilson v. State of Indiana (NFP)
49A02-1002-PC-326
Post conviction. Affirms denial of petition for post-conviction relief.

Ronald B. Blake v. State of Indiana (NFP)
73A01-1002-CR-123
Criminal. Affirms sentence following guilty plea to operating a vehicle after forfeiture for life as a Class C felony.

Christopher James Hovious v. State of Indiana (NFP)
79A02-1003-CR-354
Criminal. Affirms revocation of probation.

Kevin Andrew Kohler v. State of Indiana (NFP)
35A02-1002-CR-175
Criminal. Affirms convictions of Class A felony child molesting and two counts of Class C felony child molesting.

Sabrina Wright v. State of Indiana (NFP)
49A04-1002-CR-57
Criminal. Affirms conviction of battery on a law enforcement officer as a Class A misdemeanor.

Willard Bolton v. Nanette Bolton (NFP)
34A05-1002-DR-59
Domestic relation. Reverses the valuation of certain marital assets and finding Willard in contempt of the court’s Dec. 7, 2009, order. Affirms denial of his request for permanent spousal maintenance, ordering of an unequal division of marital assets, and not awarding Willard attorney’s fees.

M.B. v. State of Indiana (NFP)
49A02-1002-JV-241
Juvenile. Reverses modification of probation to the Department of Correction and remands for an evidentiary hearing.

Jessica Haylett v. State of Indiana (NFP)
49A04-1002-CR-64
Criminal. Affirms conviction of Class A misdemeanor criminal mischief.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Oct. 13, 2010

7th Circuit Court of Appeals
United States of America v. Cruz Saenz
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms conviction of conspiring to distribute more than 5 kilograms of cocaine but vacates his 293-month sentence. Rejects Saenz’s speedy trial challenge because nearly all of the delay is attributable to requests by Saenz or his co-defendants and the court didn’t error in imposing an obstruction of justice enhancement by concluding Saenz willfully lied about whether he knew the money he was transporting was drug money. Remands for the District Court to reconsider whether Saenz should receive the minor role adjustment as there is no evidence in the record of his involvement in a conspiracy beyond the single transport of money.

Court: stipulation can be in preliminary jury instructions

Even though a defendant waived his argument for appeal that a stipulation may not be placed before a jury via preliminary jury instructions, the Indiana Court of Appeals held the opposite today in a case involving a conviction of unlawful possession of a firearm by a serious violent felon.

State bar releases results of COA retention survey

If the results of the Indiana State Bar Association’s 2010 Judicial Retention Poll are any indicator of next month’s election, then the five Indiana Court of Appeals judges up for a vote will be easily retained.

Indiana Court of Appeals Judicial Retention Q&A

Indiana Lawyer posed 11 questions to the five Indiana Court of Appeals judges who are facing retention this year – Judges L. Mark Bailey, Melissa S. May, Margret G. Robb, Cale J. Bradford, and Elaine B. Brown.

7th Circuit finds for energy plant

The 7th Circuit Court of Appeals today reversed a decision out of Indiana regarding a claim by the Environmental Protection Agency that Cinergy Corp. was wrong to modify its coal-burning plants without first obtaining a permit from the EPA.

Opinions Oct. 12, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
In Re the Guardianship of A.M.N.; M.N. and E.N. v. B.C. (NFP)
39A01-1001-GU-73
Guardianship. Affirms trial court did not abuse its discretion in terminating the grandparents’ guardianship in favor of mother.

Kenneth Pairsh v. Annette Pairsh (NFP)
18A02-1002-DR-151
Domestic relation. Affirms trial court’s denial of Kenneth Pairsh’s request for spousal maintenance and its distribution of marital property

Emmanuel T. Williams v. State of Indiana (NFP)
45A04-1003-CR-199
Criminal. Affirms 15-year sentence for Class B felony aggravated battery.

Anthony Williams v. State of Indiana (NFP)
29A02-1002-CR-352
Criminal. Affirms conviction of Class D felony auto theft.

Luther J. Gant v. State of Indiana (NFP)
02A03-1004-CR-208
Criminal. Affirms conviction of Class B felony robbery and 15-year sentence.

Ronnie Drane v. State of Indiana (NFP)
45A03-0912-PC-600
Post conviction. Affirms denial of post-conviction relief.

Michelle Woods v. State of Indiana (NFP)
49A04-1002-CR-119
Criminal. Affirms convictions of Class A misdemeanor battery on a law enforcement officer, Class A misdemeanor resisting law enforcement, and Class B misdemeanor disorderly conduct.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Oct. 12, 2010

7th Circuit Court of Appeals
United States of America and State of New York, et al. v. Cinergy Corp., et al.
No. 1:99-CV-1693
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Reverses District Court ruling in the government’s favor regarding modifications involving sulphur dioxide emissions because Cinergy met the standard that was authorized by a state plan the Environmental Protection Agency approved. Finds the District Court should not have admitted evidence by the EPA’s expert witnesses. Rules that without expert testimony to support an estimate of actual emissions caused by the modifications, the government cannot prevail with respect to the charge of nitrogen oxide pollution. Dismisses cross-appeal.

ISBA panel still studying ALJ issues

Gov. Mitch Daniels fired the state’s top utility regulator recently, citing ethical concerns about how a now-former administrative law judge presided over cases involving a regulated energy company leading up to his taking a job there.