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Indy lobbyists now required to register info

Lobbyists who work in Indianapolis and Marion County will now have to register their information in a public database beginning
next year. Effective Jan. 1, 2010, a new ordinance requires all lobbyists engaging in executive or legislative branch lobbying
activity with an agency of the City of Indianapolis or Marion County to register with the Department of Code Enforcement.

Opinions July 28, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Adoption
of H.L.W. Jr.; H.L.W. Sr. and IDCS v. L.M.D. and D.P.D.
71A03-0911-CV-516
Civil. Reverses grant of an adoption petition filed by L.M.D. and D.P.D. regarding H.L.W. Jr. The consent statutes of Indiana
Code Chapter 31-19-9 enabled the trial court to consider the adoption proceeding despite the pending CHINS action. DCS met
its burden of demonstrating by clear and convincing evidence that its withholding of consent to the adoption was in the child’s
best interests.

Nelson
Rios v. State of Indiana
49A02-0912-CR-1273
Criminal. Reverses order that Rios serve consecutive sentences for convictions of two counts of dealing in a lookalike substance
as Class C felonies. The imposition of consecutive sentences based on incidents that were virtually identical and very close
in time contravenes rulings in Beno and Gregory. Remands for a new sentencing determination.

Putnam
County Sheriff v. Pamela Rice
60A01-0911-CV-551
Civil. Affirms order denying the sheriff’s motion to dismiss filed in the civil action brought by Price for damages
resulting from a car accident. The sheriff, through its agent Deputy Wallace, owed a common law duty of ordinary and reasonable
care to warn the traveling public of the known hazardous condition on the icy road.

Paul
Komyatti, Jr. v. State of Indiana
52A04-1002-MI-74
Miscellaneous. Affirms denial of petition for post-conviction relief that challenged the revocation of Komyatti’s parole.
There are no genuine questions of fact with respect to Komyatti’s PCR petition and the state was entitled to judgment
as a matter of law.

James
Townsend v. State of Indiana (NFP)
49A04-0912-CR-703
Criminal. Affirms conviction of and sentence for murder.

Gerardo
Bensez v. State of Indiana (NFP)
03A01-0912-CR-611
Criminal. Dismisses appeal of conviction following guilty plea to Class B felony dealing in cocaine.

Marlinda
Nunley v. State of Indiana (NFP)
48A02-0912-CR-1177
Criminal. Affirms finding Nunley violated the terms of her probation and that she serve two years of her previously suspended
sentence in the Department of Correction.

Thomas
Eugene Ferrell v. State of Indiana (NFP)
46A03-0910-CR-471
Criminal. Affirms conviction of and sentence for Class B felony dealing in cocaine.

In
The Guardianship of John Joseph Bortka, II (NFP)
88A01-0907-CV-343
Civil. Affirms order that John Jerald Bortka, former guardian of John Joseph Bortka and his estate, reimburse the guardianship
estate in the amount of $12,034 and award of attorney fees to Paula Bortka Wells. Remands with instructions to calculate the
amount of appellate costs Paula is entitled to from John Jerald Bortka.

Jeremy
Culp v. State of Indiana (NFP)
49A02-1001-CR-11
Criminal. Affirms conviction of Class D felony theft.

Bruce
Hatfield, et al. v. Area Plan Commission of Evansville (NFP)
82A01-0910-CV-502
Civil. Reverses trial court’s decision limiting Hatfield and others’ damages for an alleged taking.

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 termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions July 28, 2010

7th Circuit Court of Appeals
United
States of America v. Jamarkus Gorman
09-3010
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms conviction of perjury after testifying falsely before a grand jury. There is ample evidence to support
the finding Gorman perjured himself with regard to the possession of a Bentley. The evidence was properly admitted, albeit
as direct evidence rather than inextricable intertwinement evidence, and its probative value was not substantially outweighed
by any risk of unfair prejudice. 

High court takes certified question from Southern District

The Indiana Supreme Court will answer a certified question in litigation involving the state’s Products Liability Act.
The justices accepted the certified question from U.S. District Court, Southern District of Indiana Judge Larry J. McKinney
Tuesday afternoon.

Opinions July 27, 2010 ILD

7th Circuit Court of Appeals
Prime
Eagle Group Ltd., as assignee of the claims of Nakornthai Strip Mill Public Co. Ltd. v. Steel Dynamics Inc.

09-1663
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge James T. Moody.
Civil. Affirms judgment for Steel Dynamics in Prime Eagle’s suit that Steel Dynamics must pay damages in tort for withdrawing
from a steel mill venture in Asia. Nakornthai’s injury began no later than July 1999 and the company had knowledge of
the injury then, so its suit is beyond the statute of limitations.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
David
A. Calvert v. State of Indiana
40A05-0911-CR-659
Criminal. Reverses conviction of Class B felony attempted robbery with a deadly weapon because the state failed to prove
a substantial step. Calvert’s conviction of possession of a sawed-off shotgun as a Class D felony violates double jeopardy.
Affirms convictions of Class B felony possession of a firearm as a serious violent felon. Affirms sentence and remands with
instructions. Judge Kirsch dissents in part.

E.W.
Revocable Trust
29A02-0910-CV-1004
Civil. Affirms order that the trustee pay the beneficiaries’ attorney fees, the reduction of the requested trustee
fees, and the reduction of the amount of trustee’s attorney fees to be borne by the trust. The trustee breached duties
owed to the objecting beneficiaries. Reverses order that the trustee bear the remaining portion of his attorney fees personally.

Cornelius
Tyrone Lacey, Sr. v. State of Indiana
02A05-0910-CR-562
Criminal. Reverses denial of motion to suppress evidence obtained during the execution of a search warrant. There was probable
cause for the issuance of the search warrant but the unilateral decision to dispense with the knock-and-announce rule was
unreasonable under the Indiana Constitution. Judge Barnes concurs in result.

Damion
Wilkins v. State of Indiana
02A03-0910-CR-451
Criminal. Reverses denial of motion to suppress evidence obtained during the execution of a search warrant. There was probable
cause for the issuance of the search warrant but the unilateral decision to dispense with the knock-and-announce rule was
unreasonable under the Indiana Constitution. Judge Barnes concurs in result.

Bradford
Drake v. State of Indiana (NFP)
55A01-0912-CR-577
Criminal. Affirms sentence for two convictions of attempted murder as Class A felonies.

Term.
of Parent-Child Rel. of M.D.; M.C. v. I.D.C.S. (NFP)
34A02-1001-JT-156
Juvenile. Affirms termination of parental rights.

Dionte-Daymone
Jones v. State of Indiana (NFP)
45A05-1001-CR-4
Criminal. Affirms sentence following guilty plea to Class D felony auto theft.

Daniel
Brownlee v. State of Indiana (NFP)
49A02-0912-CR-1259
Criminal. Affirms conviction of Class C felony burglary and Class D felony attempted theft.

James
Eiteljorg, et al. v. Ralph E. Lean (NFP)
49A05-0912-CV-679
Civil. Reverses denial of Eiteljorg and Bharti’s motion for summary judgment in an action brought by Lean seeking contribution
from them for violations of the Indiana Securities Law. Remands with instructions.

Daniel
J. Emery v. State of Indiana (NFP)
52A04-0910-PC-583
Post conviction. Affirms denial of petition for post-conviction relief.

Associated
Builders & Contractors Indiana Chapter, Inc., et al. v. Lori A. Torres (NFP)
49A02-0910-CV-995
Civil. Grants rehearing but affirms original opinion in all respects regarding the dismissal of the builders’ complaint
for lack of standing.

Robert
Emerson v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=07271002ebb.pdf
71A03-1001-CR-26
Criminal. Affirms conviction of Class C felony battery.

Indiana Tax Court had posted no opinions at IL deadline.
 

Mother of stillborn fetus satisfies actual victim requirement in Med-Mal Act

The Indiana Court of Appeals held today that a mother who suffers a stillbirth due to medical malpractice qualifies as an
injured patient and satisfies the actual victim requirement under the Medical Malpractice Act, regardless of whether the malpractice
resulted in injuries to the mother, fetus, or both.

Court upholds discrimination claims in coroner’s office

The 7th Circuit Court of Appeals affirmed the finding that an African-American Marion County Coroner took action against his
white chief deputy coroner because of race, but ordered a reduction in the amount of compensatory damages the deputy coroner
could receive.

Federal office: No Hatch Act violations in Dearborn County

A federal government office has cleared two Dearborn County officials who’d been accused by the former county attorney
of violating federal law that restricts political activity for those involved with federally funded programs.

East Chicago casino case still alive

A years-long court battle over millions of dollars in East Chicago casino revenue remains alive after a Marion County judge
vacated an earlier dismissal of the civil suit and blocked the release of $8 million in disputed funds that had been part
of a settlement.

Opinions July 26, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Leonard
Townsend Jr. v. State of Indiana (NFP)
45A03-1004-PC-251
Post conviction. Affirms denial of petition for post-conviction relief.

B.H.
v. State of Indiana (NFP)
34A05-1002-JV-58
Juvenile. Affirms B.H.’s placement at the Department of Correction.

A.T.J.
v. State of Indiana (NFP)
71A03-0912-JV-582
Juvenile. Affirms order A.T.J. be placed in the custody of the Department of Correction.

Frank
W. Jackson III v. State of Indiana (NFP)
45A03-0907-CR-303
Criminal. Affirms conviction of Class B felony burglary.

A.B.,
Alleged to be C.H.I.N.S.; K.J. v. I.D.C.S. and Child Advocates (NFP)
49A02-1001-JC-35
Juvenile CHINS. Affirms finding A.B. is a child in need of services.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court didn’t grant any transfers for the week ending July 23.

Opinions July 26, 2010

7th Circuit Court of Appeals
United
States of America v. Mark Ciesiolka
09-2787
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Reverses conviction of knowingly attempting to persuade, induce, entice, and coerce a minor to engage in sexual
activity. Because the District Court failed to explain its ruling that the four-factor test for introducing evidence of prior
acts under Rule 404(b) was satisfied, and since the evidence introduced in unconstrained fashion is perhaps excessively prejudicial
in light of its probative value, reverses and remands for a new trial. Judge Ripple dissents.

Judge rules against Inlow heirs

A week after a bizarre court hearing where opposing attorneys took turns questioning one another on the witness stand, Hamilton
County Judge Steve Nation ruled Friday that the heirs of former Conseco Inc. executive Lawrence Inlow failed to justify their
attempt to remove Cincinnati-based Fifth Third Bank as the personal representative of the estate.