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Opinions Sept. 24, 2014 ILD

Indiana Court of Appeals
Servanes J. Wilson, Sr. v. Wabash Valley Correctional Facility and Indiana Department of Correction (NFP)
77A05-1309-PL-476
Civil plenary. Affirms dismissal of Wilson’s complaint alleging a violation of his First Amendment right of access to the courts.

Lavon Beverly v. State of Indiana (NFP)
49A02-1402-CR-87
Criminal. Affirms order of restitution as a term of Beverly’s probation in connection with his sentence for Class C felony robbery.

In Re: The Support of V.B. and S.B., Jeffery A. Roach v. Vicky Lynn Bishop (NFP)
49A02-1401-JP-44
Juvenile. Affirms order denying Roach’s request to eliminate his child support arrearage.

David Roberts v. Estate of Bertha Roberts, Deceased (NFP)
21A01-1403-ES-140
Estate, supervised. Affirms order approving the verified closing statement for the estate of Bertha Roberts.

David Cox v. State of Indiana (NFP)
64A04-1402-CR-52
Criminal. Affirms revocation of probation and order Cox serve the remainder of his suspended sentence in the Department of Correction.

R. Myers & Associates, LLC and Robert D. Myers a/k/a Rob Myers v. Adpoint, Incorporated, Joel Hall and Mary Hall (NFP)
29A02-1305-PL-449
Civil plenary. Affirms judgment in favor of Adpoint on its complaint and on Myers’ counterclaim relative to Myers’ purchase of a business from Adpoint. Remands for the trial court to enter specific findings and conclusions on the matter of snow removal.
 

Opinions Sept. 24, 2014

Indiana Court of Appeals
Albert L. Hauck and Mark Wood v. City of Indianapolis
49A04-1403-PL-136
Civil plenary. Affirms summary judgment in favor of Indianapolis on Hauck’s and Wood’s complaint regarding the Indianapolis Metropolitan Police Department’s failure to promote them to captain. The word “endeavor” as used in the ordinance means to “attempt to,” and the plaintiffs failed to show the city did not maintain proportional representation of former Marion County Sheriff’s Department deputies and Indianapolis Police Department officers throughout the divisions and appointed ranks of IMPD as contemplated by the revised code.

Former sheriff’s deputies lose suit challenging promotion process

Because the phrase “shall endeavor” should be read to mean one shall try, the Indiana Court of Appeals rejected two Indianapolis Metropolitan Police Department officers' arguments that they should have been promoted to captain. The two claimed because they were former sheriff’s deputies, the consolidation of the sheriff’s and city police departments in 2006 required their promotions to maintain proportional representation.

State’s way of paying public defenders debated

The state pays the salaries of its judges and prosecutors, but public defenders are paid by counties that are only partially reimbursed for their costs — an approach that some including the executive director of the Indiana Public Defender Council want to see changed.

Opinions Sept. 23, 2014 ILD

Indiana Court of Appeals
Forrest R. Ferguson v. State of Indiana (NFP)
49A02-1406-CR-406
Criminal. Affirms trial court denial of petition seeking permission to file a belated notice of appeal and dismisses appeal of order denying additional credit time.

Jesse Clements and Gersh Zavodnik v. The Honorable John Hanley and Marion Superior Court 11 (NFP)
49A02-1307-MI-622
Miscellaneous. Affirms denial of motion to correct error.

Heidemarie Garcia v. Cover-Rite, Inc., J.C. Builders, Inc. and Salvino Verta (NFP)
45A03-1308-SC-317
Small claims. Affirms judgments in favor of Garcia.

PaulaJean Skowronek v. Review Board of the Department of Workforce Development, and Aldi Indiana, LP (NFP)
93A02-1401-EX-63
Agency action. Affirms review board decision that Skowronek was ineligible for unemployment benefits.

Tony R. Shipley, II v. State of Indiana (NFP)
03A05-1402-CR-79
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Richard L. Smart v. Kristina L. Smart (NFP)
35A02-1403-DR-171
Domestic. Vacates judgment and division of assets after dissolution of marriage and remands for entry of judgment consistent with the dissolution statute.

Darius Hardiman v. State of Indiana (NFP)
48A02-1311-CR-936
Affirms in part, reverses in part and remands judgment on convictions and 50-year aggregate sentence for Class A felony counts of attempted murder and robbery resulting in serious bodily injury and Class D felony dealing in marijuana. Vacates robbery conviction on double-jeopardy grounds and remands for reduction of the conviction to a Class B felony and resentencing.
 
Torrence L. Belcher v. State of Indiana (NFP)
71A03-1311-CR-461
Criminal. Affirms murder conviction.

Paul E. Matthews v. State of Indiana (NFP)
71A04-1401-CR-5
Criminal. Affirms Class A misdemeanor conviction of operating a vehicle while intoxicated.
 

Opinions Sept. 23, 2014

Indiana Court of Appeals
The Branham Corporation v. Newland Resources, LLC; Samuel Sutphin; White River Funding Corp.; et al; Thomas N. Eckerle; Thomas N. Eckerle Prof. Corp. v. The Branham Corporation
06A05-1311-CT-572
Civil tort. Affirms the trial court’s summary judgment order in favor of the defendants. Reverses the order dismissing attorney Thomas Eckerle without prejudice and remands for entry of summary judgment in favor of Eckerle. Finds the trial court correctly determined the defendants were entitled to summary judgment because Branham filed its complaint for nonpayment of damages after the two-year statute of limitations had run.

Tenant who trashed house loses appeal, owes attorney fees

A former babysitter entrusted to live in a family’s home while they were away for a year and care for their pet dog in exchange for paying $300 monthly rent instead trashed the place. The ex-tenant appealed an $85,889 judgment against her but now has more bills to pay.

Attorney wins summary judgment appeal

An Indianapolis attorney ensnared in a dispute between a land developer and a creditor was successful at convincing the Indiana Court of Appeals he is identical to the other defendants and should be granted summary judgment.

Despite erroneous findings, termination of parental rights affirmed

A trial court entered erroneous findings in terminating the parental rights of a mother and father concerning two minor children, but the mistakes weren’t significant enough to reverse in a case where the state presented enough evidence to warrant the decision.

Meth dealing conviction affirmed, restitution required

Convictions for dealing methamphetamine and two counts of neglect of a dependent were affirmed on appeal Tuesday, as was an order that the offender pay restitution to the state for the costs of cleaning up the meth lab.

Reversal of PACER decision restores access

The Administrative Office of the United States Courts is showing what technology has taken away, technology can restore. The federal judiciary is reversing an earlier decision to delete hundreds of thousands of older case files from the federal courts’ electronic system, PACER.

Child support and tax deduction rulings reversed

A Lake County father prevailed in appealing a trial court order regarding his child support obligations that deviated from those recommended under Indiana’s official guidelines.

MCBA joins national voter registration effort

As part of a national effort, members of the Marion County Bar Association are going to neighborhoods and churches to help lower-income residents get registered to vote prior to the upcoming November election.

Abrams: The IndyBar – More Than Just A Pretty Name

Nearly one year ago, at our board retreat, we asked all of the board members to write down as many programs, projects and services that the IndyBar provided. Admittedly, many of us, yours truly included, were only able to name from some to substantially less than all of the amazing good deeds in which we participate.

IndyBar: Nominations Now Open for Recognition Awards

This fall, IndyBar members will be honored for their contributions to our legal community. The Indianapolis legal community is fortunate to be home to many talented, dedicated professionals, and we need your help in identifying our colleagues who went above and beyond in 2014.