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Kimbrough Bar serves NW Indiana

Shelice R. Tolbert, a partner at the Crown Point office of Kopka Pinkus Dolin & Eads, was sworn in as president of the James C. Kimbrough Bar Association by a longtime bar association supporter and member, Indiana Supreme Court Justice Robert D. Rucker, who has personal and professional ties to northwest Indiana.

Editorial: New judges add more than needed diversity

Those of us on staff here at the newspaper that grew up in Indiana and were of a certain age to pay attention to the news
can likely recall when Judge Sarah Evans Barker was confirmed to the U.S. District Court for the Southern District of Indiana.

Camm’s attorneys seek special judge

Defense attorneys for the former state trooper facing a third triple-murder trial want the Indiana Supreme Court to name a special judge because of what they say are delays from the current presiding judge.

Eyeing new magistrate openings

Within a year, the federal court system that covers the southern half of Indiana could have two new full-time magistrates, one being a newly created position that would be the first creation of its kind in almost three decades.

2 new judges on federal court make history

History has been written within the state’s legal community, thanks to a pair of new federal judges who within days
of each other joined the Southern District of Indiana.

Idea for green tech patents gets mixed reviews

A federal plan to boost green technology innovation by dramatically cutting the patent processing time is drawing mixed reaction from intellectual property attorneys in Indiana as they wonder whether the pilot program will help or hurt their clients.

green patent

Robo-calls at issue in Indiana courts

A line of litigation has been playing out in state and federal courts involving what is and isn’t allowed under the Automatic
Dialing Machines Statute.

ISBA conference attracts law students

The ninth conference aimed at solo and small firm attorneys in Indiana was a success according to organizers and those who attended, especially going by the number of law school students in attendance compared to previous years.

Unique medical-legal partnership expands

Practitioners involved with the state’s first medical-legal partnership are excited about the cases they’ve taken
on, as they help patients who have unmet legal needs that can make medical conditions persist, if not worsen.

Report: Laws alone won’t stop cell phone use while driving

A House bill looking to ban texting while driving in Indiana on its own may not be very effective in preventing drivers from
using their cell phones in the car, according to a policy brief from an Indiana University research center.

Opinions June 21, 2010 ILD

The 7th Circuit Court of Appeals’ website was unavailable at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Leo
D. Youngblood v. State of Indiana (NFP)
48A02-0911-CR-1114
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

Randolph
Bishop v. State of Indiana (NFP)
49A04-0911-CR-653
Criminal. Affirms convictions of Class C felony battery and Class A misdemeanor domestic battery.

Cherrice
Avant v. State of Indiana (NFP)
29A05-1002-CR-64
Criminal. Affirms Class D felony theft conviction.

Bradley
Baker v. State of Indiana (NFP)
49A04-0910-CR-611
Criminal. Affirms convictions of two counts of Class C felony failure to register as a sex offender.

Guardianship
of Carrie Etta McGoffney, an Incapacitated Adult (NFP)
84A01-0906-CV-266
Civil. Affirms appointment of Ivy McGoffney as guardian over her mother, Carrie Etta McGoffney.


Kassahun T. Metaferia v. John Ancelet (NFP)
49A02-0908-CV-813
Civil. Affirms jury verdict in favor of Ancelet that concluded Metaferia was 65 percent at fault for the car accident. Metaferia
isn’t entitled to a new trial.

Marcel
Roundtree v. State of Indiana (NFP)
18A04-0910-CR-577
Criminal. Affirms convictions of theft and possession of a controlled substance as Class D felonies.


Richard A. Brown v. Mary Brown Whitledge (NFP)
82A01-0912-CV-608
Civil. Affirms grant of petition to modify child custody filed by Whitledge.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions June 21, 2010

Indiana Court of Appeals
Philip
Cleer v. State of Indiana
49A02-0912-CR-1193
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle with a blood alcohol content between 0.08 and 0.15.
Cleer didn’t establish that the operation of a sobriety checkpoint violates the separation of powers provision of the
Indiana Constitution.

Opinions June 18, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Randyl
A. McCauley and Deanna R. McCauley v. James S. Harris and Diane C. Harris
28A04-0907-CV-421
Civil. Affirms summary judgment for the Harrises in their request for a permanent injunction against the McCauleys enjoining
them from interfering with the Harrises’ use and enjoyment of a 30-foot wide ingress and egress that runs over the McCauleys’
property. The trial court properly concluded that the Harrises’ use and enjoyment of the easement for ingress and egress
includes the right to use the easement in its entirety and to construct a roadway over all or any part of the easement. Also
affirms order the McCauleys remove a portion of their pole barn that lies within the Harrises’ easement.
 

Christina Cisternino v. Grant Communications Inc. (NFP)
49A05-0912-CV-735
Civil. Affirms dismissal of Cisternino’s complaint against Grant Communications Inc. pursuant to Indiana Trial Rule
41(E).
 
Daniel
L. Anway v. State of Indiana (NFP)
57A03-0912-CR-578
Criminal. Affirms conviction of and sentence for operating a vehicle while intoxicated, misdemeanor resisting law enforcement,
and failing to stop after an accident.


Douglas W. Kemp v. State of Indiana (NFP)
87A04-0911-CR-641
Criminal. Affirms sentence for Class C felony child molesting following a guilty plea.
 
P.G.
v. T.G. (NFP)
22A01-0912-CV-596
Civil. Affirms denial of P.G. (father)’s petition to change custody after T.L.G. (mother) filed a motion to relocate
their minor child out of Indiana.
 
James
Huesman v. State of Indiana (NFP)
70A03-0911-CR-514
Criminal. Affirms denial of motion to remove defendant from Indiana’s Sex Offender Registry.
 
Timothy
E. Strowmatt v. State of Indiana (NFP)
71A05-0910-PC-587
Post-conviction. Affirms denial of post-conviction relief.

Jerome
McKinney v. State of Indiana (NFP)
49A05-0911-CR-642
Criminal. Affirms conviction of Class B felony burglary and finding McKinney to be a habitual offender.
 
Adrian
Cole v. State of Indiana (NFP)
49A02-0912-PC-1183
Post-conviction. Affirms sentence received for four convictions of conspiracy to commit forgery, all as Class C felonies.

 
Anthony
Emmett Collett v. Kelly Jean Collett (NFP)
89A05-0912-CV-728
Civil. Affirms trial court order declining jurisdiction and deferring jurisdiction of Collett’s initial child custody
determination action to a Minnesota court.
 
Sherrie
K. Hansen v. State of Indiana (NFP)
71A04-1002-CR-63
Criminal. Affirms convictions of five counts of Class D felony theft.
 
State
of Indiana v. John W. Holler (NFP)
57A03-0910-CR-462
Criminal. Affirms denial of state’s motion to correct error.
 
C.E.
v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-0906-EX-526
Civil. Affirms decision of Indiana Unemployment Insurance Review Board that affirms the findings and conclusions of an administrative
law judge who denied C.E.’s application for unemployment benefits.


Bob Gasich v. East Chicago Redevelopment Comm. (NFP)
45A03-0910-CV-500
Civil. Affirms trial court’s denial of Gasich’s “petition to void and withdraw the order of appropriation
of real estate and appointment of appraisers.”
 
Mark
Taylor v. State of Indiana (NFP)
49A04-0908-CR-486
Criminal. Dismisses Taylor’s appeal following revocation of his probation finding the presented issue is moot.
 
Kerwin
M. Ward v. State of Indiana (NFP)
02A03-0912-CR-581
Criminal. Affirms sentence for two counts of battery upon law enforcement officer, one count of battery by bodily waste,
one count of resisting law enforcement, and one count of disorderly conduct.
 
Linda
Ruth Parks v. State of Indiana (NFP)
20A04-1001-CR-21
Criminal. Affirms aggregate 30-year sentence for Class B felony burglary with a habitual offender enhancement.
 
Angel
Abarca v. State of Indiana (NFP)
49A02-0910-CR-1018
Criminal. Affirms sentence following a plea of guilty to aggravated battery, a Class B felony.
 
Bray
A. Tibbs v. State of Indiana (NFP)
71A03-0911-CR-541
Criminal. Affirms Tibbs’ conviction of and sentence for burglary as a Class B felony; remands with instructions to
vacate restitution order.
 
Bernard
Arvin v. Capital One Bank (NFP)
53A04-0909-CV-509
Civil. Affirms trial court’s grant of summary judgment in favor of Capital One Bank.
 
FK
Inc. v. See USA LLC (NFP)
56A05-0911-CV-654
Civil. Reverses trial court’s award of $82,514.50 in damages and $85,778.35 in attorney fees to See USA on its claim
that FK committed check fraud. Also reverses award of $204,499.58 in lost profits damages to See USA on its breach of contract
claim against FK. Remands for further proceedings.
 
William
T. Casbon v. State of Indiana (NFP)
49A05-0910-CR-588
Criminal. Affirms post-conviction court’s dismissal of motion to vacate sexually violent predator status.
 
Patsy
C. Battin v. Curtis R. Battin (NFP)
03A04-0912-CV-715
Civil. Affirms trial court’s denial of Patsy C. Battin’s request for spousal maintenance. Reverses the trial
court’s decision to divide the net marital estate equally, and remands with instructions to order a 60/40 split of the
net marital estate in Patsy Battin’s favor; reverses trial court’s denial of her request for attorney’s
fees; and remands with instructions to order Curtis Battin to pay 50 percent of her attorney’s fees.
 
Darren
A. Snyder v. State of Indiana (NFP)
20A05-0910-CR-600
Criminal. Reverses and remands with instructions a conviction of battery as a Class A misdemeanor.
 

Opinions June 18, 2010

Indiana Supreme Court
Christine
Dugan v. Mittal Steel, USA, Inc., et al.
45S05-1002-CV-121
Civil. Affirms summary judgment for Mittal Steel USA and Jay Komorowski. Of the two alleged occasions of defamation per se
at issue, the one asserted in paragraph 7 of Dugan’s complaint does not constitute defamation per se. Although the statement
alleged in paragraph 6 of the complaint qualifies as defamation per se, there is no genuine issue of fact undermining the
defendants' claim of qualified privilege.