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Opinions Dec. 11, 2014

7th Circuit Court of Appeals
Kevin L. Harold v. Christopher C. Steel and Peters & Steel LLC
14-1875
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms dismissal of Harold’s lawsuit under the Fair Debt Collection Practices Act, contending Steel and his law firm had violated 15 U.S.C. Section 1692e by making false statements. Harold sought to challenge a garnishment order entered in state court. The Rooker-Feldmen doctrine bars his lawsuit.

Rooker-Feldman doctrine bars man’s lawsuit alleging false statements

A man challenging a garnishment order entered in state court should have challenged the order in that court system instead of filing a federal lawsuit, the 7th Circuit Court of Appeals ruled Thursday. The judges affirmed the dismissal of his suit based on the Rooker-Feldman doctrine.

Complaint properly dismissed for failure to comply with Trial Rule 3

Because the people suing a driver who allegedly caused a car accident sent their summons to the county clerk after the two-year statute of limitations expired, the trial court correctly granted the defendant’s motion to dismiss, the Indiana Court of Appeals ruled.

Muncie City Court judge faces 13 counts of misconduct

The Indiana Judicial Qualifications Commission has filed disciplinary charges against a Muncie City Court judge, alleging she improperly incarcerated defendants and has failed to cooperate with the commission’s investigation into her conduct, which includes verbal altercations with her children’s father.

Man charged in parents’ killings held in contempt

A northwestern Indiana man accused of killing his parents was sentenced to 18 months in jail by a judge who found him in contempt of court for repeatedly interrupting a hearing on the charges.

Opinions Dec. 10, 2014 ILD

Indiana Court of Appeals
Christopher Martin v. State of Indiana (NFP)
49A02-1404-CR-278
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

In Re: The Marriage of Harris, Angela Harris v. Eric Harris (NFP)
02A03-1403-DR-86
Domestic relation. Reverses contempt findings, sanctions imposed and suspension of Angela Harris’ parenting time.

Kaylee L. Hueston v. Thomas C. Hueston (NFP)
32A04-1408-DR-392
Domestic relation. Affirms Thomas Hueston’s parenting time. Remands for the trial court to hold an evidentiary hearing regarding the parties’ income, which party carries the child on his/her health insurance and the cost of that coverage, and adjust the number of Thomas Hueston’s overnights to correspond to the parenting time order. Court also needs to hold a hearing on what party can claim a tax exemption for the child.

In the Matter of the Paternity of K.B.: B.C. v. K.B. (NFP)
45A04-1404-JP-199
Juvenile. Vacates order that modified previous child custody order and awarded full legal and physical custody to father. Remands for full evidentiary hearing.

Pedro Vicente v. State of Indiana (NFP)
12A04-1403-CR-133
Criminal. Affirms conviction of Class A felony child molesting.

Michael D. Williams v. State of Indiana (NFP)
49A04-1403-CR-137
Criminal. Affirms convictions for Class A felony rape, Class B felony criminal deviate conduct and Class A misdemeanor carrying a handgun without a license.

Xavier T. Heckstall v. State of Indiana (NFP)
29A05-1406-CR-258
Criminal. Affirms conviction of Class D felony identity deception.

Jeffrey Reel v. State of Indiana (NFP)
05A02-1405-CR-337
Criminal. Reverses restitution order of $1,364 and remands for further proceedings. Affirms three-year sentence for Class D felony theft.

William M. Hedrick v. State of Indiana (NFP)
41A01-1403-CR-131
Criminal. Affirms convictions of Class D felony invasion of privacy and Class B misdemeanor harassment.

Jeton Hall v. State of Indiana (NFP)
82A05-1402-CR-90
Criminal. Affirms sentence for Class A felony burglary, Class B felony criminal confinement and Class D felony theft.

Thomas Derrow v. State of Indiana (NFP)
29A02-1405-CR-312
Criminal. Affirms conviction of Class D felony operating a vehicle with an alcohol concentration of 0.15 or more with a prior conviction within five years.
 

Opinions Dec. 10, 2014

7th Circuit Court of Appeal
Robert D. DeLee v. City of Plymouth, Indiana
14-1970
U.S. District Court, Northern District of Indiana, Judge James T. Moody.
Civil. Reverses summary judgment in favor of the city on police officer DeLee’s lawsuit that he is entitled to his full longevity payment from the city for the year he served in the U.S. Air Force Reserves for eight months. Plymouth’s longevity benefit is more appropriately characterized as a reward for lengthy service rather than as compensation for work performed the preceding year, so the Uniformed Services Employment and Reemployment Rights Act guarantees DeLee a fully longevity payment for his 12th year of employment. Remands for further proceedings.

COA finds no reason to reverse man’s child molesting conviction

There was no prosecutorial misconduct or errors by the trial court that would require the Indiana Court of Appeals to reverse a Marion County man’s child molesting conviction. The man raised several claims, including he was denied the right to an impartial jury and fair trial.

Justices split over reducing meth sentence

Justices Brent Dickson and Mark Massa disagreed with their colleagues Wednesday that a Tippecanoe County man’s 40-year sentence for Class A felony dealing in methamphetamine needed to be revised.

Court affirms probation revocation, total time ordered in DOC

A Vigo County man lost his argument before the Indiana Court of Appeals that his term of informal probation should not have been revoked by the trial court after he violated terms of his placement in a home detention program.

Online Extra: Judicial Roundtable 2014

When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state’s appellate courts were being led by women. Indiana Lawyer recently invited Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana’s Bankruptcy Court to discuss their career paths as well as opportunities and challenges today’s courts and lawyers face.

Appeals court upholds teen’s 55-year sentence for murder

In a case of first impression, the Indiana Court of Appeals affirmed the 55-year sentence imposed on a juvenile waived into adult court for the murder of a friend. The teen claimed he should have been sentenced under the alternative sentencing scheme available for juveniles.

IBM, state enter mediation over failed welfare contract

IBM Corp. and the state have agreed to mediation as a lawsuit between the parties over the failed billion-dollar contract to privatize welfare services awaits a ruling from the Indiana Supreme Court.

IU McKinney partners with USI for legal scholarship

Indiana University Robert H. McKinney and the University of Southern Indiana have created a scholar program that will allow two students from USI to attend IU McKinney, beginning in the fall 2015.

Reservist entitled to full longevity pay despite time away from police force

The 7th Circuit Court of Appeals held Tuesday that a Plymouth, Indiana, patrolman should receive the $2,700 in longevity pay he is entitled to from the city under an ordinance. The city cut the payment by two-thirds because the man served eight months on activity duty in the U.S. Air Force.

Court hears ex-Indiana elections chief’s appeal

An attorney for former Secretary of State Charlie White faced tough questioning Tuesday from Indiana's three-judge appeals court during White's latest bid to overturn the voter fraud convictions that forced him from office.