Search Results

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Norman A. Donovan v. State of Indiana (NFP)
55A01-0912-CR-617
Criminal. Remands with instructions to merge operating a vehicle while intoxicated conviction into his operating with a 0.08 alcohol concentration equivalent conviction, vacate the OWI conviction, and enter judgment on the ACE conviction. Affirms in all other respects.

Willie L. Jackson v. State of Indiana (NFP)
90A02-1001-CR-23
Criminal. Affirms order to pay $1,767 in restitution.
 
Jimmy Yarbrough v. State of Indiana (NFP)
49A02-0912-CR-1217
Criminal. Affirms conviction of burglary as a Class B felony.
 
Kyla Phillips v. Hook-SuperX, Inc. (NFP)
36A01-1003-CT-142
Civil. Affirms trial court’s denial of Phillips’ motion for relief from judgment.
 
Frank Guajardo v. State of Indiana (NFP)
79A02-0912-CR-1234
Criminal. Affirms conviction and sentence because Guajardo may not challenge his guilty plea on direct appeal. However, the trial court erred by imposing a public defender fee without finding Guajardo had the ability to pay; the fee is reversed and the case remanded for a determination of Guajardo’s ability to pay.

Shawn M. Swartout v. State of Indiana (NFP)
92A05-1002-CR-66
Criminal. Affirms convictions of Class D felony possession of methamphetamine, Class D felony possession of a narcotic drug, Class A misdemeanor possession of marijuana, and Class A misdemeanor possession of paraphernalia.

Thomas Christman v. Matthew Christman (NFP)
85A02-0910-CV-1014
Civil. Affirms trial court’s judgment in Thomas Christman’s action to partition land filed against his son Matthew.

James E. Jennings v. State of Indiana (NFP)
87A01-1002-CR-34
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class C misdemeanor.

Anthony Franklin v. State of Indiana (NFP)
49A02-0912-CR-1241
Criminal. Affirms murder conviction following a bench trial.

James Ingersoll v. State of Indiana (NFP)
75A03-0911-CR-540
Criminal. Affirms post-conviction court’s denial of request for education credit time.

Wesley Smith v. State of Indiana (NFP)
55A01-0909-PC-440
Post-conviction. Affirms denial of petition for post-conviction relief.
 
Khalid M. Jackson-Bey v. State of Indiana (NFP)
45A04-0911-CR-646
Criminal. Affirms convictions of robbery, confinement, and battery.

Indiana Tax Court posted no opinions before IL deadline.
 

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
J.
John Marshall and Marjorie Marshall v. Erie Insurance Exchange a/s/o Cindy Cain
20A03-0908-CV-366
Civil. Granted a petition for rehearing and again affirmed the trial court opinion the Marshalls had a duty to exercise reasonable
care to prevent an unreasonable risk of harm to neighboring landowners arising from the condition of trees on their property
and further held they had breached that duty.

Trevor
Brieger v. State of Indiana (NFP)
49A02-0907-CR-617
Criminal. Affirms convictions of rape and criminal deviate conduct as Class B felonies.

Termination
of Parent-Child Relationship of S.H.; A.W. v. Indiana Dept. of Child Services (NFP)
76A05-1001-JT-42
Juvenile. Affirms termination of parental rights.

Bruce
Gunstra v. Salin Bank and Trust Company (NFP)
49A02-0912-CV-1274
Civil. Affirms trial court’s order granting the motion of Salin Bank and Trust Company for pre-judgment garnishment
of any distributions to Gunstra by two limited liability companies of which he is a member.

Anthony
Phillips v. State of Indiana (NFP)
48A02-0912-CR-1269
Criminal. Affirms trial court’s revocation of probation.

Indiana Tax Court
Indiana
Dept. of State Revenue, Inheritance Tax Division v. Estate of Katherine S. Boehle, Deceased
49T10-0811-TA-62
Tax. Affirms Marion Probate Court’s denial of the Indiana Department of State Revenue, Inheritance Tax Division’s
motion to correct error. The issue for review was whether the probate court erred in determining the estate’s inheritance
tax liability regarding a trust that the decedent set up to provide for her son who has Down Syndrome and resides in an assisted-living
facility.
 

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Brandon
Vest v. State of Indiana
49A02-0912-CR-1276
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement. The state prosecuted Vest for only one indivisible
instance of resisting law enforcement, and jurors were not required to agree on which particular officer Vest fled.

T.J.
v. State of Indiana
49A04-1001-JV-8
Juvenile. Affirms adjudication for animal fighting, a Class D felony if committed by an adult. The testimony from the witnesses
support a reasonable inference T.J. and another boy were encouraging a larger dog to attack a smaller dog.

Indiana
Dept. of Insurance v. Robin Everhart
84A01-0912-CV-614
Civil. Reverses findings of fact, conclusions of law, and judgment of $1 million in favor of Everhart in her claim against
the Indiana Patient’s Compensation Fund. It is not consistent with Supreme Court precedent to hold the fund liable for
more than the increased risk of harm that the doctor caused. Remands for the trial court to recalculate its damages award
and award damages to Everhart in proportion to the increase in risk of harm that was caused by the malpractice and address
whether the fund is entitled to a set-off.  

Centerfield
Bar Inc. v. Michael Gee, et al.
05A02-0911-CV-1070
Civil. Affirms denial in part of Centerfield Bar’s motion for summary judgment in a complaint filed by the Gees that
the bar’s negligence in failing to remove or control another patron resulted in Michael’s injuries. Based on the
facts set forth as evidence, Greenfield hasn’t demonstrated that the assault on Michael was not foreseeable as a matter
of law.

Eric
Pilipow v. State of Indiana (NFP)
71A03-1001-CR-19
Criminal. Affirms conviction of Class C felony battery.

Raymond
E. Robinson v. State of Indiana (NFP)
18A04-0912-CR-692
Criminal. Affirms order revoking probation.

Joshua
Orman v. State of Indiana (NFP)
11A04-1003-CR-216
Criminal. Affirms sentence following guilty plea to Class B felonies burglary and aggravated battery.

Jonathan
Perkins v. State of Indiana (NFP)
44A05-1001-CR-11
Criminal. Affirms sentence following guilty plea to Class B felony robbery, Class D felony aiding in a theft, and Class B
misdemeanor visiting a common nuisance.

Indiana Tax Court had posted no opinions at IL deadline.

7th Circuit Court of Appeals

United
States of America v. John Doe a/k/a Adaberto Guzman a/k/a Juaquin Tapia, Andres Cuellar-Chavez, and Enedeo Rodriguez Jr.

U.S. District Court, Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann
09-1658, 09-1756, 09-2242
Criminal. Affirms convictions of and sentences for conspiracy to possess with intent to distribute more than 100 kilograms
of marijuana following a jury trial. Appellants were conspirators in a drug distribution ring whose scheme was infiltrated
by an undercover officer. During sentencing hearings, the district court overruled each defendant’s sentencing objections
and imposed a sentence on each defendant.

Indiana Tax Court

Dekalb
Co. Eastern Community School District v. Dept. of Local Government Finance
49T10-0906-TA-31
Tax. Reverses final determination of the Department of Local Government Finance. Given the actual language used in Indiana
Code Section 6-1.1-18-12, the phrase “actual percentage increase” means increase only. If there is no increase,
however, a zero value should be used in steps 2 and 4 of Indiana Code Section 6-1.1-18-12(e). Remands for further proceedings.