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IBA: Criminal Jury Questionnaire Under Review

Those practicing in the Marion County Criminal Courts have long sought revision to the jury questionnaire to improve the
effectiveness of juror selection and to improve the efficiency of the process. A movement is now underway to undertake those
needed revisions.

Opinions Aug. 16, 2010 ILD


Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Paternity
of P.B.; D.B. v. M.B
03A01-1001-JP-5
Juvenile paternity. Reverses and remands denial of mother’s petition to modify parenting time. The preponderance standard
should have been used as the burden of proof, not clear and convincing evidence. Affirms finding father wasn’t in contempt
for keeping P.B. extra days over the Christmas holiday week, the denial of mother’s request father pay her attorney’s
fees and P.B.’s therapist’s fees, and the modification of the Christmas parenting time schedule.

William
R. Morell, III v. State of Indiana
06A04-0909-CR-531
Criminal. Affirms conviction of battery by means of a deadly weapon as a Class C felony. The trial court didn’t abuse
its discretion or commit reversible error by failing to swear the state’s witnesses and failing to allow questioning
related to the alleged violations of the trial court’s separation order outside the presence of a jury. The cumulative
effect of Morrell’s alleged errors don’t warrant reversal and there is sufficient evidence to support the conviction.

Arvester
Williams v. State of Indiana (NFP)
20A03-1001-CR-10
Criminal. Affirms conviction of Class B felony criminal confinement while armed with a deadly weapon and Williams’
aggregate sentence for criminal confinement as a Class B felony and possession of a firearm by a serious violent felon as
a Class B felony.

Brian
A. Eby v. Jennifer L. Eby (NFP)
29A05-0909-CV-521
Civil. Reverses amended decree dissolving the Ebys’ marriage. Remands with instructions.

Matthew
Donoho v. State of Indiana (NFP)
12A05-0912-CR-717
Criminal. Affirms convictions of Class D felony theft and possession of marijuana, Class C felony burglary, and Class A misdemeanor
criminal mischief.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted no transfers for the week ending Aug. 13.
 

Opinions Aug. 16, 2010

Indiana Court of Appeals
Gail
M. Flatow and Flatow Comer, LLP v. Dwane Ingalls
49A02-0910-CV-994
Civil. Reverses denial of Flatow and Flatow Comer’s motion for summary judgment in Ingalls’ suit for legal malpractice.
There is no designated evidence in the malpractice litigation to show the result of Ingalls’ partial motion for summary
judgment would have been any different had a reply been filed. As a matter of law, the Flatow defendants had no duty to provide
the services Ingalls claims they were negligent in failing to provide.

Court upholds judgment in legal malpractice suit

The Indiana Court of Appeals affirmed summary judgment in favor of an attorney and law firm in a legal malpractice suit, although
the judges didn’t agree on the professional obligations of the firm based on its contract.

COA addresses equine statute for first time

Ruling on the state’s Equine Activity Statute for the first time, the Indiana Court of Appeals affirmed the statute
barred a woman’s claim for injuries during a horse competition.

Opinions Aug. 13, 2010 ILD

7th Circuit Court of Appeals
Barbara
J. Castile v. Michael J. Astrue, Commissioner of the Social Security Administration
09-3917
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David Hamilton.
Civil. Affirms denial of Castile’s numerous claims for obtaining disability insurance and disability widow’s
benefits. There was substantial evidence to support the administrative law judge’s conclusion that Castile’s chronic
fatigue syndrome didn’t render her disabled. The ALJ thoroughly examined the evidence and articulated his findings and
the District Court didn’t err in upholding the ALJ’s credibility determinations.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Bruce
Swift, Jr. v. Robert J. Jeka and Alexandra Jeka (NFP)
64A03-1002-PL-52
Civil plenary. Reverses judgment in favor of the Jekas that Swift committed fraud and constructive fraud.

Dimensions,
Inc., and DI Construction Services, Inc. v. The Odle, McGuire & Shook Corporation (NFP)
49A05-0909-CV-540
Civil. Affirms summary judgment for The Odle, McGuire & Shook Corp. on Dimensions, Inc. and DI Construction Services’
claims for breach of contract and negligence.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Aug. 13, 2010

7th Circuit Court of Appeals
Barbara
J. Castile v. Michael J. Astrue, Commissioner of the Social Security Administration
09-3917
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David Hamilton.
Civil. Affirms denial of Castile’s numerous claims for obtaining disability insurance and disability widow’s
benefits. There was substantial evidence to support the administrative law judge’s conclusion that Castile’s chronic
fatigue syndrome didn’t render her disabled. The ALJ thoroughly examined the evidence and articulated his findings and
the District Court didn’t err in upholding the ALJ’s credibility determinations.

Admittance of psychologist’s testimony requires new trial

The Indiana Court of Appeals ordered a new trial in a negligence suit due to a car accident after finding the trial court
shouldn’t have allowed a psychologist to testify the plaintiff got a brain injury as a result of the accident.

Judges split in adopted trust-beneficiaries matter

In an issue of first impression regarding the retroactivity of a 2003 amendment to the state’s trust code, the Indiana
Court of Appeals was divided on whether adopted children should have been included as beneficiaries of a trust.

Attorneys needed for foreclosure events

Attorney volunteers are needed for free borrower outreach programs around Indiana hosted by the Indiana Foreclosure Prevention
Network Sept. 1.

Opinions Aug. 12, 2010 ILD


Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Ernest
L. Cleary v. State of Indiana (NFP)
49A02-0912-CR-1272
Criminal. Affirms determination that Cleary has the ability to pay restitution. Reverses order for restitution for the van’s
loss of use. Remands with instructions.

Jerry
H. Guffey v. State of Indiana (NFP)
48A05-0911-CR-624
Criminal. Affirms convictions of felony murder, and Class D felonies auto theft and aiding, inducing, or causing arson.

Kimberly
N. Davis v. State of Indiana (NFP)
45A03-1001-CR-8
Criminal. Revises sentence following guilty plea to two counts of Class D felony battery. Remands with instructions.

Cynthia
Ingling and Thomas Grose v. Melissa Grose (NFP)
20A04-1001-ES-25
Estate, supervised. Reverses setting of plaintiffs’ will contest bond at $10,000. Remands for reinstatement of plaintiffs’
claim.

In
re the Guardianship of H.W.; R.R. v. R.B. (NFP)
07A01-1003-GU-112
Guardianship. Affirms denial of R.R.’s Indiana Trial Rule 60(B)(6) motion to set aside a consent order awarding guardianship
of her child to maternal grandmother.

Mark
W. Phillips v. State of Indiana (NFP)
35A02-1001-CR-41
Criminal. Affirms conviction of and sentence for Class C felony child molesting.

Term.
of Parent-Child Rel. of L.P.; H.P. v. Tippecanoe County DCS (NFP)
79A02-0912-JV-1215
Juvenile. Affirms involuntary termination of parental rights.

Robtavious
Collins v. State of Indiana (NFP)
71A04-1001-CR-99
Criminal. Affirms conviction of Class B felony possession of heroin within 1,000 feet of school property.

Roger
Hendrickson v. State of Indiana (NFP)
49A02-0912-CR-1255
Criminal. Affirms conviction of interference with reporting of a crime as a Class A misdemeanor.

William
Young v. State of Indiana (NFP)
49A05-1001-CR-10
Criminal. Affirms convictions of Class B felony burglary and Class D felony criminal recklessness.

T.D.J.
v. State of Indiana (NFP)
71A03-1001-JV-78
Juvenile. Affirms adjudication for committing what would be Class B misdemeanor disorderly conduct if committed by an adult.

Eugene
and L. Anita Hurt v. Estate of Eulalia May, et al. (NFP)
48A02-0912-CV-1248
Civil. Affirms judgment in favor of the estate in its action to foreclose against the Hurts on a real estate contract.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Aug. 12, 2010

7th Circuit Court of Appeals
Frank
McAllister v. Jerry L. Price, in his individual capacity
10-1213
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph S. Van Bokkelen.
Civil. Affirms denial of summary judgment for police officer Price, who claimed qualified immunity. There are genuine issues
of material fact about whether Price violated McAllister’s clearly established constitutional rights. McAllister alleges
that Price violated his Fourth Amendment rights by using excessive force to remove McAllister from his car after suffering
a diabetic episode that resulted in the crash.

Tax Court judge to retire Jan. 1

The state’s first and only judge of the Indiana Tax Court, Judge Thomas G. Fisher, announced today he is stepping down
from the bench Jan. 1, 2011.

No qualified immunity for officer in diabetic man’s claim

The 7th Circuit Court of Appeals affirmed denial of summary judgment in favor of a police officer in a diabetic man’s
claims that the officer used excessive force and injured him while removing him from a car after a diabetic episode.