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Opinions Aug. 24, 2010

Indiana Court of Appeals
Monty
Rader v. State of Indiana
49A02-0907-CR-691
Criminal. Affirms denial of motion to suppress. The IP address used to log in to the monty20064 account was, on the dates
in question, assigned to Rader’s home in Greencastle. Rejects Rader’s request that the court follow the precedent
of the New Jersey Supreme Court and ignore the holding of the Indiana Supreme Court with regard to the issuance of investigatory
subpoenas to third parties.

Court rules on first impression FLSA issue

In denying summary judgment for either party in a dispute involving the Fair Labor Standards Act, the U.S. District judge
noted the issue appears to be one of first impression in the 7th Circuit.

COA upholds denial of motion to suppress

The Indiana Court of Appeals rejected a man’s argument that the state’s courts should recognize a privacy interest
in the subscriber information of an Internet service provider.

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IL is seeking local bar association news

In an effort to include more news from specialty and county bars around the state, Indiana Lawyer has started a section in the print and online editions called Bar Crawl.

If you or your bar association would like to submit a news item or photo to Indiana Lawyer, such as a notice regarding an election of new officers, an event, pro bono efforts, awards your bar association has presented to its members, or anything else you’d like to share with Indiana’s legal community, please contact reporter Rebecca Berfanger, [email protected]. If you’d like to post an announcement that is time sensitive, please submit it at least two weeks in advance of the issue date.
 

Opinions Aug. 23, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Arthur
Balls v. State of Indiana (NFP)
49A02-1001-CR-12
Criminal. Affirms conviction of and sentence for Class C felony battery and finding Balls is a habitual offender.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted no transfers in the week ending Aug. 20.

Judge sues prosecutor for intimidation, retribution

A Delaware County judge is claiming that county prosecutor Mark McKinney and a former deputy prosecutor threatened and intimidated
the judge and his wife based on the judge’s ruling on how McKinney handled civil drug forfeitures.

Court OKs class certification in Conseco securities-fraud case

In a securities-fraud case involving the Carmel-based financial and life insurance services company Conseco, a 7th Circuit Court of Appeals panel has refused to significantly alter the class certification rules and throw out the long-established fraud-on-the-market doctrine.

Opinions Aug. 20, 2010 ILD

7th Circuit Court of Appeals
Franz
Schleicher, et al. v. Gary C. Wendt, et al.
09-2154
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge David F. Hamilton.
Civil. Finds the District Court did not commit a legal error, or abuse its discretion, in deciding that the fraud-on-the-market
doctrine should not be conscripted to serve some other function in a lawsuit. In this case, the plaintiffs claim the defendants
made false statements about Conseco, which in turn affected their perceived value of the shares.

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Richard
M. Jackson Sr. d/b/a RMJ Investigations v. Benjamin Parks (NFP)
29A04-1003-SC-193
Civil. Dismisses Jackson’s appeal of the small claims court’s order that he be represented by counsel in his
efforts to enforce an assigned judgment. Finds his appeal is not properly before the Court of Appeals.

Term.
of Parent-Child Relationship of E.K.H.; K.E.N. and C.J.H., Jr. v. Indiana Dept. of Child Services (NFP)
20A03-0912-JV-603
Juvenile. Affirms termination of parental rights.

Term.
of Parent-Child Relationship of A.E. and S.W.; S.E. and A.E. v. IDCS (NFP)
17A03-0911-JV-558
Juvenile. Affirms termination of parental rights.

Kurt
Retrum, M.D., et al. v. Sarah Tinch (NFP)
48A02-1002-PL-97
Civil. Reverses and remands for entry of summary judgment in favor of the defendants Kurt Retrum, et al. because the statute
of limitations had expired.

Donald
Carew v. State of Indiana (NFP)
49A02-1001-CR-27
Criminal. Affirms conviction of public intoxication, a Class B misdemeanor, following a bench trial.

Indiana Tax Court posted no opinions before IL deadline.
 

Opinions Aug. 20, 2010

7th Circuit Court of Appeals

Torrey
Bauer, David Certo, and Indiana Right to Life, Inc. v. Randall T. Shepard, et al.
09-2963
U.S. District Court, Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann.
Civil. Affirms District court’s ruling that the state’s judicial canons are constitutional regarding whether
judges can make public statements regarding controversial issues. The opinion recognizes a split among Circuits throughout
the country on the issue. Also finds that a portion of the challenge involving the pre-2009 conduct code is unripe, rather
than moot as the District court had found.

COA addresses inverse condemnation issues

Inverse condemnation was the issue of the day for two Indiana Court of Appeals panels, with one case raising issues regarding
fraudulent concealment and the statute of limitations.

Professor to study India’s legal system

Over the next three years, a professor at an Indiana law school will be working on a study of India’s trial courts as
part of a $261,000 grant from the Ford Foundation to a non-governmental association based in India.

AG encourages whistleblower lawsuits to fight fraud

The Indiana Attorney General’s Office wants health care and pharmaceutical industry workers to know that they have the ability
to file lawsuits and get protection as whistleblowers, and that could mean getting a portion of any settlement or damages
that results from the suit.

COA: attorney’s statement binding

The Indiana Court of Appeals affirmed partial summary judgment for Noble Roman’s Inc. in-store franchisees’ claim
for constructive fraud because the franchisees’ then-attorney admitted that they were only pleading actual fraud against
the company and that admission is binding.

Opinions Aug. 19, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jacqueline
Babbitt v. Indiana State Police Trooper Officer E. Lamar Helmuth, in his official capacity (NFP)
71A05-0911-CV-646
Civil. Affirms dismissal of Babbitt’s complaint pursuant to Indiana Trial Rule 12(B)(6).

Grante
Ficklin v. State of Indiana (NFP)
49A02-1001-CR-18
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Denise
Diggins v. State of Indiana (NFP)
71A03-1001-CR-119
Criminal. Affirms conviction of Class D felony battery.


Midwest Psychological Center, Inc., and Dr. Shelvy Keglar v. Sylvia Funk, et al. (NFP)
49A05-0910-CV-586
Civil. Affirms summary judgment in favor of Funk and other employees or agents of the Indiana State Department of Administration
and/or the Division of Disability, Aging, and Rehabilitative Services, Disability Determination Bureau in Midwest’s
complaint after not being selected for a bid for a state psychological service contract.

Leroy
N. Jones v. State of Indiana (NFP)
27A04-1002-CR-79
Criminal. Affirms convictions of Class A felony murder, Class B felony conspiracy to commit arson, two counts of Class B
felony arson, Class C felony battery by means of a deadly weapon, and Class D felony intimidation.

TBS
Development LLC, et al. v. Central Bank & Trust Co. (NFP)
15A01-0911-CV-540
Civil. Affirms finding TBS and other defendants committed fraud, fraud on a financial institution, conversion, and breach
of contract, and award of treble damages and attorney’s fees.

Darby
Hape v. State of Indiana (NFP)
19A05-1003-CR-163
Criminal. Affirms denial of petition for jail-time credit.

Taron
Raphael Momon v. State of Indiana (NFP)
82A01-0912-CR-598
Criminal. Affirms sentence following guilty plea to Class B felony burglary and Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.
 

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.