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A northern Indiana District Court was wrong in granting a Wisconsin city’s motion for a stay, which allowed the city to withhold public records from the bank suing it for violating securities law, the 7th Circuit Court of Appeals concluded today. The issue was whether the order issued by a state court for the city to produce the documents could be stayed by federal law because the request constituted discovery proceedings.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Donnie Salyer v. State of Indiana
75A05-1003-CR-164
Criminal. Affirms denial of Salyer’s motion to suppress evidence obtained during a search of his residence. The incorrect address information on the warrant did not invalidate it because the executing officer knew the precise location of Salyer’s home, prepared the search warrant and accompanying affidavit, and executed the search warrant.
Walker Whatley v. State of Indiana
49A02-1007-CR-839
Criminal. Affirms dismissal of motion for re-trial under Indiana Trial Rule 60(B). Based upon Whatley’s motion and the dates of his attached documents, he didn’t demonstrate that the alleged newly discovered evidence could not have been discovered by due diligence in time for him to move for a motion to correct error under Rule 59.
John D. Hemmings v. State of Indiana (NFP)
63A01-1003-CR-162
Criminal. Affirms conviction of and sentence for Class B felony sexual misconduct with a minor.
John V. Guthrie, Jr. v. State of Indiana (NFP)
45A03-1003-CR-166
Criminal. Affirms convictions of Class A felony child molesting and Class C felony child molesting.
James M. Sampson v. State of Indiana (NFP)
49A02-1003-CR-355
Criminal. Affirms sentence for Class D felony residential entry.
Rafael A. DeJesus v. State of Indiana (NFP)
20A03-1002-CR-95
Criminal. Affirms convictions of Class A felony dealing in cocaine.
Michael Nuckols v. State of Indiana (NFP)
49A02-1002-CR-202
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Travis W. Jackson v. State of Indiana (NFP)
33A04-1006-CR-398
Criminal. Dismisses appeal of validity of guilty plea to Class D felony stalking and Class A misdemeanor resisting law enforcement.
Bruce D. Seal v. Lori L. Seal (NFP)
48A04-0912-DR-750
Domestic relation. Affirms awarding attorney’s fees to Lori but reverses awarding a pension plan solely to Lori. Remands for further proceedings.
Paternity of F.B.; P.B. v. J.M. (NFP)
55A04-1006-JP-360
Juvenile. Reverses finding that P.B. was in contempt and remands with instructions to vacate its original order in this regard. Affirms modified support order reducing his support obligation to $54 per week. The trial court did not abuse its discretion in imputing a $400 a week income to the father based on his previous income of $470 a week.
Cody Lewellen and Cody Dallas v. Brandon Cessna (NFP)
80A05-1005-CT-330
Civil tort. Affirms denial of Lewellen’s Indiana Trial Rule 60(B) motion to set aside default judgment in a personal injury action filed by Cessna.
Eric Hall v. State of Indiana (NFP)
49A05-1003-CR-244
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
American Bank v. City of Menasha, et al.
10-1963
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Theresa L. Springmann.
Civil. Reverses judgment granting a stay requested by Menasha to give American Bank certain records available pursuant to Wisconsin’s Public Records Law. The bank, a plaintiff in a class-action suit charging the city violated federal securities law, requested the documents after the suit was filed. The stay is not a stay of a discovery order and can only be an injunction; only a stay of discovery is authorized by the Securities Litigation Uniform Standards Act of 1998.
The Indiana Attorney General’s Office plans to “zealously defend” 78 prosecutors being sued over civil forfeiture collection practices, meaning the state courts will likely have to analyze not only the merits of that issue but also whether two separate state statutes restrict how Indiana’s top attorney can intervene in this taxpayer-filed qui tam lawsuit.
An Indiana Court of Appeals panel was split in an opinion released today that considered the definition of “ever” on a home insurance application when it came to whether the homeowners insurance coverage was ever “declined, cancelled, or non-renewed.”
The Indiana Court of Appeals affirmed a trial court’s order that the two beneficiaries of a piece of property who objected to the sale of the land must each pay a $100,000 cash bond. The case also gave the appellate court the opportunity to decide the standard of review in this type of challenge.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Samuel Neal, Delores Neal and Hometown Transmissions, Inc. v. William J. Cure, et al.
49A04-0908-CV-468
Civil. Affirms summary judgment for the Cures on the Neals’ claims of environmental contamination under the Environmental Legal Act, nuisance, trespass, and negligence. The designated evidence does not, in light of the Cures, lack of involvement in or knowledge of Masterwear’s actions, give rise to a genuine issue of material fact regarding the Cures, liability for nuisance, trespass, negligence, or an ELA violation.
Bradley Peaver v. State of Indiana
02A03-1004-PC-255
Post conviction. Affirms denial of petition for post-conviction relief. Peaver can’t prevail on his ineffective assistance of trial counsel claim. He waived the issue on appeal as to whether the trial court abused its discretion when it admitted testimony under the Protected Person Statute and there is sufficient evidence to support his conviction of Class C felony child exploitation.
St. Joseph Hospital v. Richard Cain
02A05-1006-PL-386
Civil plenary. Reverses grant of Fort Wayne Metropolitan Human Rights Commission’s motion to dismiss St. Joseph’s petition for judicial review of the HRC’s decision for lack of subject matter jurisdiction. Because the trial court had subject matter jurisdiction over St. Joseph’s unverified petition for judicial review, it improperly granted the HRC’s motion to dismiss and declined to rule on the other outstanding motions, namely St. Joseph’s motion to amend. The alleged lack of a quorum, however, was not properly raised in St. Joseph’s motion to dismiss. Remands for consideration of St. Joseph’s motion to amend.
City of Indianapolis, Metropolitan Development Commission and Indiana Sports Corporation v. Clarke Kahlo and Howard Elder, et al.
49A05-0912-CV-722
Civil. Affirms the trial court’s grant of summary judgment on the issue of whether Kahlo and Elder have standing, although on different reasoning, and reverses the denial of summary judgment on the issues of the nature of the 1985 Agreement, the applicability of Indiana Code Section 36-1-11-3, and whether the execution of the Amendment triggered the buyout provision in the restrictive covenant of the 1985 Agreement. Remands with instructions for the trial court to enter summary judgment for the City of Indianapolis and other defendants accordingly.
John P. Donovan v. State of Indiana
71A05-1003-CR-276
Criminal. Affirms conviction of Class D felony auto theft because there is sufficient evidence to support the conviction.
J.B. & J.G. v. State of Indiana (NFP)
18A02-1006-JV-679
Juvenile. Affirms adjudications for committing what would be child molesting as Class C felonies if committed by an adult.
Christopher Brinker v. State of Indiana (NFP)
33A04-1007-CR-433
Criminal. Affirms revocation of probation.
M.N. v. A.N. (NFP)
49A02-1002-DR-152
Domestic relation. Affirms order dissolving the parties’ marriage.
Tyrone A. Saunders v. State of Indiana (NFP)
35A05-0910-PC-607
Post conviction. Affirms denial of petition for post-conviction relief.
Latrina Strader v. State of Indiana (NFP)
49A05-1004-CR-235
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Roger Sloan v. State of Indiana (NFP)
49A02-1002-CR-195
Criminal. Affirms conviction of and sentence for Class B felony battery and being a habitual offender.
J.D.S. v. Review Board (NFP)
93A02-1006-EX-698
Civil. Affirms decision of the Review Board in favor M.H. on claims for unemployment benefits.
Term. of Parent-Child Rel. of J.J.; V.B. and K.J. v. I.D.C.S. (NFP)
20A04-1004-JT-226
Juvenile. Affirms termination of parent-child relationship.
MacLellan Integrated Services, Inc.v. Domineck P. Marano, II (NFP)
26A01-1006-CT-296
Civil tort. Affirms denial of MacLellan’s motion for summary judgment in Marano’s negligence action against the company.
Robert Perry v. State of Indiana (NFP)
71A03-1004-PC-266
Post conviction. Affirms denial of petition for post-conviction relief.
Term. of Parent-Child Rel. of M.Y., et al.; R.W.-S. v. I.D.C.S. (NFP)
45A04-1001-JT-217
Juvenile. Affirms involuntary termination of parental rights.
Tonya Peete v. State of Indiana (NFP)
49A05-1004-CR-220
Criminal. Affirms convictions of two counts of Class A misdemeanor invasion of privacy.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court has ordered the 30-day no pay suspension of the Marion County traffic judge who’s admitted he imposed excessive fines and treated people unfairly in his court partly because he wanted to discourage future litigants from exercising their constitutional right to trial.
Indiana Court of Appeals
Samuel Neal, Delores Neal and Hometown Transmissions, Inc. v. William J. Cure, et al.
49A04-0908-CV-468
Civil. Affirms summary judgment for the Cures on the Neals’ claims of environmental contamination under the Environmental Legal Act, nuisance, trespass, and negligence. The designated evidence does not, in light of the Cures’ lack of involvement in or knowledge of Masterwear’s actions, give rise to a genuine issue of material fact regarding the Cures’ liability for nuisance, trespass, negligence, or an ELA violation.
The Indiana Supreme Court has suspended Marion County Traffic Judge William E. Young for 30 days.
The Indiana Court of Appeals says that a southern county’s local rule permitting the use of contempt powers to enforce civil judgment payments violates the Indiana Constitution.
A trial court improperly allowed a videotaped statement by a victim of child molesting into evidence instead of having the child participate in live direct examination, the Indiana Court of Appeals ruled today in its reversal of a man’s molesting convictions.
The Indiana Supreme Court has amended the eligibility section of Indiana Trial Rule 79 regarding special judge selection.
Finding a plaintiff’s actions frivolous, the 7th Circuit Court of Appeals today has affirmed a District Court’s grant of attorney’s fees to a company that successfully defended itself after selling lamps to the plaintiff home health care provider. The 7th Circuit also granted the defendant’s motion for fees and costs pursuant to Rule 38 of the appellate rules.
7th Circuit Court of Appeals
June Kimmel v. Western Reserve Life Assurance Company of Ohio
10-1336
U.S. District Court for the Northern District of Indiana, Hammond Division, Magistrate Judge Paul R. Cherry
Civil. Affirms District Court’s grant of summary judgment to Western Reserve Life Assurance Company of Ohio. The insurance company had neither accepted nor denied the life insurance application of June Kimmel’s late husband Richard Kimmel within a 60-day timeframe. Richard died in an automobile accident six weeks after the end of that 60-day period. The 7th Circuit concludes that “although Western Reserve deserves criticism for its handling of Richard’s application for life insurance, its behavior is not actionable under Indiana tort law” because ”the relationship between an insured and an insurer is different enough from the relationship between an applicant and a prospective insurer.”
Indiana Supreme Court posted no opinions before IL deadline.
Indiana Court of Appeals
Gregory Owens v. State of Indiana
29A02-1002-CR-390
Criminal. Affirms Owens’ conviction of child molesting. Concludes the state did not infringe upon his Fifth Amendment privilege against self-incrimination by introducing evidence that he did not contact police. Also finds the prosecutor’s comment in closing argument was improper but did not rise to the level of fundamental error requiring reversal.
Erik E. Neal, Jr. v. State of Indiana (NFP)
71A03-1003-CR-214
Criminal. Affirms conviction of and sentence for felony murder.
Steven Thrash v. State of Indiana (NFP)
49A02-1005-CR-483
Criminal. Affirms conviction of aggravated battery, a Class B felony. Revises 10-year sentence to eight years with six years executed and two years suspended.
Tara K. Mateyko v. State of Indiana (NFP)
29A02-1002-CR-226
Criminal. Affirms conviction of theft, a Class D felony.
Kyle Sheets v. Kandie Sheets (NFP)
48A02-1004-DR-419
Civil. Affirms trial court’s grant of mother’s request for permission to move with the parties’ children to Oklahoma.
Indiana Tax Court posted no opinions before IL deadline.
7th Circuit Court of Appeals
Nightingale Home Healthcare, Inc. v. Anodyne Therapy, LLC
10-2327
U.S. District Court for the Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker
Civil. Affirms the judgment of the District Court that granted Anodyne’s request for an award of attorneys’ fees in the amount of $72,747. The award was based on 15 U.S.C. § 1117(a), which allows attorneys’ fees to be awarded to prevailing parties in Lanham Act suits, but only in “exceptional cases.” Nightingale contended no award of attorneys’ fees was justified because the case was not “exceptional.” Also grants Anodyne’s motion for fees and costs pursuant to Rule 38 of the appellate rules. Dismisses as moot Anodyne’s motion to strike Nightingale’s brief and appendix.
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