Conour appeals fraud conviction, 10-year sentence
Former attorney William Conour will appeal his conviction and 10-year prison sentence imposed after he pleaded guilty to a single count of wire fraud.
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Embattled judge sorry, proposes 60-day suspension
Marion Superior Judge Kimberly Brown is apologizing for alleged judicial misconduct that resulted in 47 disciplinary counts against her, proposing to the Indiana Supreme Court that she be suspended for two months. She also says her prior defense, including refusing to take a deposition oath, was “ill-advised.”
Opinions Dec. 11, 2013 ILD
Indiana Court of Appeals
In Re the Paternity of: L.M.J. b/n/f, D.R.D. v C.A.J. (NFP)
34A02-1305-JP-458
Juvenile. Affirms denial of mother’s request for summary judgment on motion for a rule to show cause that father had failed to pay child support beyond his weekly obligation pursuant to the terms of the 1998 order regarding support.
Kelli Alvarez, f/k/a Kelli Galanos v. Horizon Bank, N.A. (NFP)
46A03-1304-CC-155
Civil collection. Dismisses appeal of order denying Alvarez’s motion to correct error challenging the entry of summary judgment in favor of Horizon Bank on a promissory note.
Willie Huguley v. State of Indiana (NFP)
49A02-1305-CR-443
Criminal. Affirms convictions of Class A felony child molesting, sexual intercourse; Class A felony child molesting, deviate sexual conduct; and Class C felony child molesting, fondling.
Joseph A. Harrell v. State of Indiana (NFP)
52A02-1307-CR-576
Criminal. Affirms revocation of probation.
L.M. Zeller, individually, and d/b/a Zeller Elevator Company v. Indiana Fire Prevention and Building Safety Commission (NFP)
82A01-1303-PL-115
Civil plenary. Affirms order affirming the decision of the Indiana Fire Prevention and Building Safety Commission regarding the servicing of elevators.
Kenneth Morton v. State of Indiana (NFP)
64A05-1305-CR-222
Criminal. Affirms sentence for four counts of Class D felony theft.
James B. Studabaker, II v. State of Indiana (NFP)
90A04-1303-CR-126
Criminal. Affirms convictions and sentence for two counts of Class B felony sexual misconduct with a minor.
Julie Marie King v. State of Indiana (NFP)
17A03-1305-CR-186
Criminal. Affirms sentence following guilty plea to aiding in attempted murder as a Class A felony.
Douglas A. Smith v. State of Indiana (NFP)
45A03-1304-CR-154
Criminal. Affirms murder conviction.
Randy Winters v. State of Indiana (NFP)
46A03-1302-CR-59
Criminal. Affirms sentence following guilty plea to Class B felony robbery.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Dec. 11, 2013
Indiana Court of Appeals
Carol Sparks Drake v. Thomas A. Dickey, Craig Anderson, Charles E. Podell, and Duke Realty Corporation
29A02-1302-CT-152
Civil tort. Reverses summary judgment for Duke Realty on Drake’s claim that it intentionally interfered with her partnership agreement with the law firm. The trial court erred when it concluded that Drake had failed to present a genuine issue of material fact as to whether Duke Realty intentionally induced Parr Richey to terminate Drake as a partner. Remands for further proceedings.
Independent analysis finds DOC’s population will grow under new criminal code
A report released Dec. 10 predicts that Indiana’s new criminal code will increase the number of individuals incarcerated in state prisons to the point where a new facility may have to be built.
Sniadecki’s forgery sentence suspended
Rodney P. Sniadecki, the disbarred sole practitioner from South Bend who was found guilty in September of three counts of forgery, received a suspended sentence and probation Wednesday.
Legal profession lags in diversity as compared to other professions
Minority employment in the legal profession has grown significantly slower as compared to certain medical and business professions, according to a study released by Microsoft Corp.
Marion County announces plan to build new criminal justice complex
Under a plan announced by city and court officials Wednesday, Marion County’s courts, jails and other offices would be located in one complex instead of spread out around downtown Indianapolis and the county.
Inmate’s negligence suit may continue, court rules
The Indiana Court of Appeals ordered more proceedings on a negligence lawsuit filed by an Indiana Department of Correction inmate after he fell and injured himself. In the decision, the judges also decided that prison operators are subject to liability in much the same manner as other private actors.
Jury should decide whether Duke Realty intended to get law partner fired
There are genuine issues of material fact as to whether Duke Realty, involved in a dispute over a land agreement with a Parr Richey Obremskey & Morton partner, intentionally induced the firm to terminate Carol Sparks Drake’s partnership agreement and whether that interference was justified, the Indiana Court of Appeals ruled Wednesday.
Man entitled to homestead deduction on Fountain County property
The Indiana Tax Court Tuesday reversed the determination that a man could not receive the homestead standard deduction on his Fountain County property because the decision is unsupported by evidence. The Indiana Board of Tax Review’s conclusion that the property was not Roderick Kellam’s principal place of residence was contrary to law.
Opinions Dec. 10, 2013 ILD
Indiana Court of Appeals
Robert Jackson v. State of Indiana (NFP)
48A05-1303-CR-148
Criminal. Affirms denial of motion to withdraw guilty plea.
Raymond B. Baker v. State of Indiana (NFP)
24A01-1304-CR-163
Criminal. Affirms convictions of two counts of Class D felony neglect of a dependent.
Dabian Dorion Boyd v. State of Indiana (NFP)
71A04-1304-CR-174
Criminal. Affirms murder conviction.
Sheryl A. Payne v. Thomas L. Payne (NFP)
23A01-1305-DR-204
Domestic relation. Affirms denial of wife’s motion to correct error after her request for spousal maintenance was denied.
Jessica L. Rhye v. State of Indiana (NFP)
18A02-1303-CR-248
Criminal. Affirms conviction of Class D felony possession of reagents or precursors with intent to manufacture a controlled substance.
Kennith Howard v. Erica Lofton (NFP)
49A05-1302-DR-43
Domestic relation. Affirms denial of Howard’s motion to reconsider and set for hearing, and his motion to correct error and relief from judgment from his dissolution proceeding with Lofton.
Aaron Edward Belcher v. State of Indiana (NFP)
45A05-1305-CR-225
Criminal. Affirms convictions of one count each of Class B felony burglary, Class C felony escape, Class D felonies confinement and possession of a narcotic drug, and Class A misdemeanor resisting law enforcement and possession of marijuana.
Timothy D. Driscoll, Jr v. State of Indiana (NFP)
82A05-1303-CR-147
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Dec. 10, 2013
Indiana Court of Appeals
David Didion and Kristi Didion as Parents and Legal Guardians of Brayden Didion v. Auto-Owners Insurance Company
27A02-1303-PL-232
Civil plenary. Affirms summary judgment in favor of Auto-Owners Insurance Co. on its complaint seeking a declaratory judgment that it had no liability for a dog bite on an insured’s property. The person living at the property was not an insured and Auto-Owners was not given timely notice of the dog bite and injury pursuant to the terms of the policy.
Justices take 3 cases
The Indiana Supreme Court granted transfer to three cases last week, including a lawsuit filed by parents after their severely disabled daughter died at school as a result of choking on food.
COA: Insurer has no liability for dog bite injuries
The Indiana Court of Appeals upheld summary judgment in favor of Auto-Owners Insurance Co. on the issue of whether it had liability to cover the damages sought by the parents of a boy bit by a dog on the insured’s property. The person residing at the home, whose dog bit the boy, was not considered an insured under the policy.
New commission on children executive committee includes justice, DCS head
The Commission on Improving the Status of Children, created during the 2013 legislative session, announced its executive committee Tuesday. The committee includes Indiana Justice Loretta Rush, who also serves as commission chair.
Opinions Dec. 9, 2013 ILD
Indiana Court of Appeals
John Aaron Schoultz III v. State of Indiana (NFP)
36A01-1301-CR-9
Criminal. Affirms convictions of two counts of Class A felony conspiracy to commit murder and 40-year sentence.
Jacob Phipps v. State of Indiana (NFP)
48A05-1303-CR-129
Criminal. Affirms order revoking probation and order Phipps serve the entirety of his previously suspended sentence.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of B.R., Minor Child and His Father, V.R. v. Marion County Department of Child Services and Child Advocates, Inc (NFP)
49A04-1304-JT-156
Juvenile. Affirms involuntary termination of father’s parental rights.
Edward R. Hoffman v. State of Indiana (NFP)
18A02-1307-PC-587
Post conviction. Affirms denial of petition for post-conviction relief.
Jon Alan Young v. State of Indiana (NFP)
18A05-1303-CR-125
Criminal. Affirms 30-month sentence following guilty plea to Class D felony strangulation.
Willie L. Montgomery v. State of Indiana (NFP)
82A05-1305-CR-246
Criminal. Dismisses on interlocutory appeal the denial of motion to dismiss a charge that Montgomery failed to register as a sex or violent offender.
Pamela J. (McConnell) Neal v. David A. McConnell (NFP)
33A01-1305-DR-202
Domestic relation. Affirms modification of child custody, reverses modification of child support and remands for proceedings consistent with the opinion.
Lori A. Cissom v. Review Board of the Indiana Department of Workforce Development and Supreme Indiana Operations, Inc (NFP)
93A02-1304-EX-404
Agency action. Affirms denial by the Review Board of the Indiana Department of Workforce Development of Cissom’s request to reinstate appeal of denial of claim for unemployment benefits.
Joshua Wilson v. State of Indiana (NFP)
33A01-1305-CR-205
Criminal. Affirms sentence following guilty plea to Class D felony theft and Class B misdemeanor criminal mischief.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions Dec. 9, 2013
Indiana Court of Appeals
Lagro Township and Karen Pinkerton Tatro v. George E. Bitzer and Zelma E. Bitzer
85A02-1306-PL-520
Civil plenary. Affirms summary judgment for the Bitzers on Lagro Township’s action seeking to exercise control over an area of land referred to as “the Belden Cemetery,” which is located on land owned by the Bitzers. The statute authorizing a township trustee to exercise control over cemeteries located within the township is inapplicable where the cemetery is located on land on which property taxes have been paid. And here, even though there was a genuine issue of material fact with regard to whether and to what extent the dedication of the Belden Cemetery to the public was accepted by the public through usage, there is no genuine issue of material fact with regard to the Bitzers’ payment of property taxes on the land on which the Belden Cemetery is located for decades. For this reason alone, the township’s claims of authority over the Belden Cemetery must fail.
Property tax assessment prevents township from controlling cemetery
Because a couple had paid taxes on the land where a cemetery existed since 1967, the township did not have authority under Indiana law to exercise control over that cemetery, the Indiana Court of Appeals affirmed Monday.
24 more school corps join IRS lawsuit on employer mandate
Twenty-four additional school corporations have joined the lawsuit filed in October by the state of Indiana and 15 school corporations against the Internal Revenue Service challenging the tax penalties that could be imposed in 2015 under the “employer mandate” of the Affordable Care Act.