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Opinions Aug. 19, 2010

Indiana Court of Appeals
Kari
Heyser, et al. v. Noble Roman's, Inc., et al.
29A04-1002-PL-71
Civil plenary. Affirms partial summary judgment for Noble Roman’s Inc. and other defendants on Heyser and other franchisees’
claim for constructive fraud. The admission by the franchisees’ attorney that their fraud claims against the banks were
based solely on allegedly fraudulent representations by Noble Roman’s, with whom the banks allegedly acted in conspiracy;
and the franchisees were alleging actual fraud, not constructive fraud.

Opinions Aug. 18, 2010 ILD

Indiana Court of Appeals
Meridian
Security Ins. Co., et al. v. Stefo Gubic, et al.
45A03-0911-CV-538
Civil. Affirms summary judgment in favor of Hoffman Adjustment Co. and Joe Hoffman in Meridian’s third-party complaint
that Hoffman breached the terms of the Gubics’ insurance policy, failed to act in good faith, engaged in spoliation
of evidence and fraud, committed unauthorized practice of law, and tortiously interfered with Meridian’s business and
contractual relationships with the Gubics. Meridian’s claims aren’t actionable under Indiana law because Hoffman
had no contractual relationship with Meridian in his capacity as a public adjuster and the Gubics’ agent.

David
D. Hauk v. State of Indiana (NFP)
20A05-1003-CR-161
Criminal. Affirms aggregate 10-year sentence for operating while intoxicated as a Class D felony and for being a habitual
substance offender.

Timothy
and Sonia Platt v. Wachovia Dealer Services (NFP)
49A05-1002-PL-148
Civil plenary. Affirms dismissal of the Platts’ complaint against Wachovia regarding modification of their credit agreement
with Wachovia.

Wardel
Brown, III v. State of Indiana (NFP)
48A05-1001-CR-2
Criminal. Affirms revocation of probation and sentence imposed.

Alvino
Pizano v. State of Indiana (NFP)
45A04-1003-PC-220
Post conviction. Affirms calculation and assignment of credit time earned.

Linda
Montalvo v. State of Indiana (NFP)
12A02-0909-CR-931
Criminal. Affirms 25-year sentence following guilty plea to Class A felony dealing in cocaine.

Terry
L. Duckworth v. State of Indiana (NFP)
48A02-1001-CR-84
Criminal. Affirms revocation of probation and execution of Duckworth’s previously suspended sentence.

Term.
of Parent-Child Rel. of T.H.C.; T.C. & C.P. v. I.D.C.S. (NFP)
71A04-1001-JT-104
Juvenile. Affirms involuntary termination of parental rights.

Clyde
Edward Pryor v. State of Indiana (NFP)
71A04-0912-CR-748
Criminal. Affirms conviction of and sentence for Class D felony attempted residential entry.

Term.
of Parent-Child Rel. of K.N. and D.N.; J.P.N. v. Crawford County DCS (NFP)
13A04-1002-JT-88
Juvenile. Affirms involuntary termination of parental rights.

Carlee
Smith v. State of Indiana (NFP)
71A04-1002-CR-53
Criminal. Affirms conviction of Class C felony burglary.

William
P. Ruel v. State of Indiana (NFP)
45A03-0911-CR-515
Criminal. Affirms sentence following guilty plea to Class D felony failure to return to lawful detention.

Adoption
of N.W.; J.R. & L.R. v. I.D.C.S. (NFP)
79A04-1003-AD-180
Adoption. Affirms denial of petition for adoption of N.W.

Ryan
Hade v. State of Indiana (NFP)
02A05-1002-CR-102
Criminal. Affirms sentence following guilty plea to Class B felonies robbery, unlawful possession of a firearm by a serious
violent felon, resisting law enforcement, and three counts of criminal confinement.

William
Sebastian, Jr. v. State of Indiana (NFP)
14A01-1001-CR-20
Criminal. Affirms revocation of probation and remands for clarification.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Aug. 18, 2010

7th Circuit Court of Appeals
United
States of America v. Anna LaFaive, also known as Phyllis Click
09-2344
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms conviction of and sentence for two counts of bank fraud and two counts of aggravated identity theft. 18
U.S.C. Section1028A criminalizes the use of both a living or deceased person’s identification. The District Court did
not plainly err in calculating or imposing her sentence.

COA panels divided on attorney’s fees under AWDA

Nearly a month after an Indiana Court of Appeals panel ruled attorney’s fees aren’t recoverable under the Adult Wrongful
Death Act in a matter of first impression, another panel unanimously ruled they are recoverable.

Class action suit challenges voter-removal statute

State officials are prohibiting people convicted and incarcerated for misdemeanor offenses from voting while they are behind
bars, but that could change if a federal suit is successful.

Opinions Aug. 17, 2010 ILD

 

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Cullen
Davis Walker v. State of Indiana
71A03-1003-CR-115
Criminal. Affirms Walker’s convictions of burglary, robbery, criminal confinement – all as Class B felonies,
and possession of cocaine as a Class C felony. Also affirms his sentence of 56 years. Walker argued his burglary and criminal
confinement convictions should be vacated pursuant to the continuing crime doctrine because his offenses of were all part
of the same continuing crime since they occurred in a short period of time and facilitated his sole purpose of taking things
from people at one house. The court ruled each offense was a distinct chargeable crime. Remands with instructions to correct
clerical errors in the amended judgment and chronological case summary.

Paternity
of M.B., N.B. v. J.W. (NFP)
45A03-0911-PL-536
Civil. Affirms in part, reverses in part, and remands. Rules the trial court did not abuse its discretion by sua sponte modifying
the prior child-support order to reflect the mother was not providing overnight parenting time; remands for the court to adjust
its order modifying the amount of support owed by Mother so that it is prospective in nature only. Also rules the trial court
did not abuse its discretion by failing to enforce parenting time because it used its discretionary authority to threaten
M.B. and his father with sanctions if M.B. failed to participate in parenting time. It also didn’t abuse its discretion
by designating a mid-point for the mother and M.B. to meet for parenting time and by ordering mother to pay dental bills incurred
because of her authorization of dental work not covered by M.B.’s insurance.

Mark
Stearns v. Amy Taylor-Stearns (NFP)
45A03-0908-CV-380
Civil. Affirms order to strike husband’s motions he filed after court-ordered deadline, and dissolution court did not
abuse its discretion finding husband in contempt and imposing sanction for willful breach of settlement agreement.

In
re the Guardianship of C.J.; T.J. v. K.M. (NFP)
27A02-1002-GU-150
Guardianship. Affirms grant of mother K.M.’s petition to terminate stepmother’s guardianship of son, C.J., after
the father’s death.

Terry
D. McClinton, Jr. v. State of Indiana (NFP)
45A04-0912-CR-712
Criminal. Affirms aggregate sentence of 28 years for two counts of Class B felony robbery and one count of Class B felony
dealing in cocaine.

Breondon
D. Pinkson v. State of Indiana (NFP)
02A05-1002-CR-146
Criminal. Affirms revocation of probation, noting Pinkson was properly notified.

Golden
Cummings v. State of Indiana (NFP)
49A02-0912-CR-1252
Criminal. Affirms conviction of Class C felony battery.

Isidro
Lopez-Ruiz v. State of Indiana (NFP)
20A04-0912-CR-707
Criminal. Affirms 48-year sentence for convictions of two counts of Class A felony dealing in cocaine.

Earl
Lee Russelburg v. State of Indiana (NFP)
82A01-1002-CR-113
Criminal. Affirms denial of petition for leave to file a belated notice of appeal.

Kenneth
Ramey v. State of Indiana (NFP)
49A04-1001-CR-5
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Indiana Tax Court had posted no opinions at IL deadline.

 

Opinions Aug. 17, 2010

Indiana Court of Appeals
Cullen
Davis Walker v. State of Indiana
71A03-1003-CR-115
Criminal. Affirms Walker’s convictions of burglary, robbery, criminal confinement – all as Class B felonies,
and possession of cocaine as a Class C felony. Also affirms his sentence of 56 years. Walker argued his burglary and criminal
confinement convictions should be vacated pursuant to the continuing crime doctrine because his offenses of were all part
of the same continuing crime since they occurred in a short period of time and facilitated his sole purpose of taking things
from people at one house. The court ruled each offense was a distinct chargeable crime. Remands with instructions to correct
clerical errors in the amended judgment and chronological case summary.

IBA creates PAC option for judicial campaign donors

After a landmark ruling from the nation’s highest court, the Indianapolis Bar Association has adopted an alternative
to direct judicial campaign contributions for those interested in donating to candidates vying for the Marion County bench.

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Why join DTCI

Call the DTCI offices and let the DTCI help you become a more effective defense attorney!

DTCI: Attention & Kudos

DTCI is seeking ideas and authors for articles for Volume 7, No. 2 of the Indiana Civil Litigation Review.

DTCI: Find your technological balance

Bryce Bennett Jr. feels compelled to reminisce and record some of the law office history and evolution that he has witnessed during his career and to note the blinding speed with which technology has overtaken our professional lives.

Editorial: Nature of work requires adequate safety plan

A few days after then-U.S. District Court Judge David Hamilton ruled in late 2005 in Anthony Hinrichs, et al. v. Brian Bosma, et al., that sectarian prayer could not be used to open legislative sessions, we received a phone call from someone who wanted the judge’s e-mail address and contact information. We declined to give that information.

IJA seminars address new jury instructions

The “Say What?! Seminars” are coming to locations throughout the state to help those in the legal profession learn about Indiana’s new, “plain English” civil jury instructions.

Court official named to national leadership roles

Lilia G. Judson, executive director of Indiana Supreme Court Division of State Court Administration, has two new leadership roles involving the National Center for State Courts.

Social media presents fine line

As social media is becoming more accepted as a way for professionals to network and promote business, some attorneys are slowly getting their feet wet, while others have decided to dive in head first.