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Opinions Dec. 5, 2014

Indiana Supreme Court
In the Matter of the Adoption of Minor Children: J.T.D. and J.S.: Ind. Dept. of Child Services v. N.E.
45S03-1406-AD-387
Adoption. Reverses trial court decision to not transfer cases from the civil division, which includes probate, to the juvenile division, which is where adoptions must be filed based on a local rule. Lake Superior Court’s four statutory divisions are not jurisdictional, and are merely descriptive of venue, so there is no conflict between the statute and the caseload allocation plan. Remands with instructions.

Indiana gets nearly $78,000 in Sirius XM settlement

Some Indiana residents who have subscribed to Sirius XM Radio Inc. may be entitled to a refund following the satellite radio company’s multi-state settlement regarding claims of misleading advertising and billing practices.

7th Circuit reverses denial of benefits, blasts ALJ’s reasoning

Finding several things “wrong” with an administrative law judge’s decision denying a Fort Wayne woman’s application for Social Security Income for the years prior to her turning 55, the 7th Circuit Court of Appeals reversed and remanded for further proceedings.

Justices order adoption petitions moved to juvenile division based on local rule

The Indiana Supreme Court noted Thursday that the parties and both of the previous courts involved in an adoption matter were partly correct in their analyses as to where the petitions needed to be filed. But the Lake Superior Court, Civil Division should have transferred the petitions from its court to the juvenile division, where a local rule requires adoption petitions to be filed.

Dec. 16 CLE: Getting Down to Business: When the Business Owner Divorces

A business owner going through a divorce faces a variety of concerns. The Indiana Lawyer's "Practicing Law in Indiana: Family Law CLE" will address issues including valuation of interest in a closely held business, calculating income for child support purposes, the relevance of buy/sell agreements, and restrictive transfer provisions, income taxes, and the transfer of ownership from one spouse to another. A primer will address business organization and entity characteristics. The seminar will conclude with a discussion about the rules of conduct specific for divorce attorneys.

The three-hour CLE, which includes one hour of ethics credit,  will run from 1 to 4:15 p.m. on Dec. 16 at the downtown Indianapolis office of Bingham Greenebaum Doll. Event-day registration begins at 12:30 p.m. Cost to attend the CLE program is $109. To learn more about the program and presenters, and to register, visit www.theindianalawyer.com/events. Contact Karen Aruta at 317-472-5201 or [email protected] for additional information.

 

Opinions Dec. 4, 2014 ILD

Indiana Court of Appeals
Larry L. Haines v. State of Indiana (NFP)
20A05-1405-CR-210
Criminal.  Affirms sentence for Class A felonies burglary and attempted arson, and Class C felonies intimidation and battery.

Treni M. Gorman, Jr. a/k/a Tremi M. Gorman, Jr. v. State of Indiana (NFP)
29A02-1310-CR-863
Criminal. Affirms denial of request for discharge under Indiana Rule of Criminal Procedure 4(B).

Jason L. Swope v. State of Indiana (NFP)
12A02-1403-CR-155
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony possession of chemical reagents or precursors with intent to manufacture a controlled substance.

Gina Vrankin v. Titan Vrankin (NFP)
45A03-1403-DR-99
Domestic relation. Affirms award of $500 in attorney fees to Gina Vrankin.

Brice Tyshan Holden v. State of Indiana (NFP)
84A01-1404-CR-179
Criminal. Affirms Class D felony intimidation conviction.

7th Circuit Court of Appeals
The 7th Circuit Court of Appeals issued a correction to its Oct. 6 decision in In Re: Robert Lodhotz, et al., 14-8015. The final paragraph of the opinion is changed to “The judgment is reversed and the case remanded to the district court.”
 

Opinions Dec. 4, 2014

Indiana Supreme Court
In Re: The Carroll County 2013 Tax Sale: Twin Lakes Regional Sewer District v. Richard C. Ray and Patricia A. Alford, et al.
08S04-1402-MI-97
Miscellaneous. The lien foreclosure prohibition of Indiana Code 13-26-14-4, governing the collection of regional sewer district sewer liens, does not apply to collection by tax sale. Here, because the sewer district employed the tax sale method and did not seek collection of the appellees' unpaid sewer bills and penalties through the lien foreclosure method, the lien foreclosure prohibition clause does not apply. The judgment of the trial court removing the Ray and Alford properties from the tax sale list is reversed, and this cause is remanded for further proceedings consistent with this opinion.

Court erred in affirming decision new seawall must be removed

The Indiana Court of Appeals has reversed the portion of a trial court’s order that affirmed the decision by a board of zoning appeals denying a company’s request for a variance which allowed its newly completed seawall to remain intact. The judges found Caddyshack Looper LLC demonstrated that strict application of the setback requirement will result in practical difficulties.

COA orders man’s birth certificate change to reflect gender

The birth certificate of a person who was born a woman but now identifies as a man and has undergone extensive medical treatment for gender transition should be changed to show he is male, the Indiana Court of Appeals ruled Thursday.

Questions exist as to whether teen furnished alcohol to other teens

The Indiana Court of Appeals reversed summary judgment in favor of a Pittsboro man in a lawsuit alleging he was liable for the death of friend because he furnished alcohol at a party. The friend died in a car accident while riding with another teen who had consumed alcohol at the party.

Opinions Dec. 3, 2014

Indiana Court of Appeals
S.L. v. State of Indiana (NFP)
49A02-1406-JV-377
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class C felony child molesting if committed by an adult.

 

Conour appeal focuses on defense withdrawal, sentencing terms

Convicted fraudster and ex-attorney William Conour’s appeal of his conviction and 10-year sentence on a federal wire fraud charge argues the court failed to investigate his defense counsel’s withdrawal. His appeal also claims that the court wrongly imposed “suspicionless” searches and other conditions of supervised release following his imprisonment.

Bennett probe called for prosecution

A months-long investigation into former State Superintendent of Public Instruction Tony Bennett's use of state staff and resources during his 2012 re-election campaign found ample evidence to support federal wire fraud charges, according to a copy of the 95-page report viewed by The Associated Press.