Local law firm reaps $6.3M in fees from BMV class-action suit
A local law firm will receive $6.3 million as part of a class-action lawsuit that accused the Indiana Bureau of Motor Vehicles of overcharging for driver’s licenses.
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Opinions Nov. 20, 2013 ILD
Indiana Court of Appeals
John S. Paniaguas, Kathy R. Paniaguas, Woodrow Cornett, III, and Kristine E. Cornett v. Endor, Inc. et al (NFP)
45A03-1205-PL-244
Civil plenary. Affirms order that determined that the appellee homeowners’ homes were in compliance with the restrictive covenants of the subdivision.
In The Matter of The Estate of Charles W. Merlau, Deceased, Patricia Trout v. C. Thomas Cone, et al (NFP)
30A01-1304-EU-166
Estate, unsupervised. Affirms in part and reverses in part, and remands with instructions to conduct further proceedings. The successor representative improperly valued the stock, in that it should have been valued as of the date of distribution rather than on the date of the decedent’s death. All of the heirs should share equally in the payment of the taxes and the loss that was incurred on the stock. A subsequent hearing needs to be conducted that also addresses the issue of an administrative claim that the business lodged against the estate.
Dino D. Hickmon, Sr v. State of Indiana (NFP)
45A03-1305-CR-167
Criminal. Affirms 22-year sentence for two convictions of Class B felony incest.
Howard Moffitt v. State of Indiana (NFP)
49A04-1304-CR-186
Criminal. Affirms convictions of Class B felony burglary, Class D felony theft and Class C misdemeanor operating never having received a license.
Carlowe Wilson v. State of Indiana (NFP)
48A02-1304-CR-440
Criminal. Affirms sentence following guilty plea to Class D felony nonsupport of a dependent child.
Tawon L. Wright v. State of Indiana (NFP)
34A02-1304-CR-368
Criminal. Affirms conviction of Class C felony possession of cocaine.
George Cunitz v. State of Indiana (NFP)
35A02-1305-CR-405
Criminal. Affirms 40-year sentence following convictions for two counts of Class B felony burglary.
Eric Rasnick v. State of Indiana (NFP)
39A01-1211-CR-526
Criminal. Affirms convictions and 36-year sentence for Class B felony burglary and Class D felony theft.
The Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Nov. 20, 2013
Indiana Court of Appeals
Clifford and Judith Ann Garrett v. Paul and Linda Spear
23A01-1303-PL-96
Civil plenary. Affirms summary judgment for the Spears on their claims of title by acquiescence and adverse possession and denial of summary judgment for the Garrets. The trial court did not err in granting summary judgment based upon the doctrine of title by acquiescence.
Text messages properly admitted in custody dispute
The Indiana Court of Appeals held Wednesday that evidence presented during a custody modification hearing laid a sufficient foundation for the admission of text messages between the mother and father.
Court rules in favor of subcontractor suing Fort Wayne
The Indiana Court of Appeals held Wednesday that a trial court properly granted summary judgment for a subcontractor seeking payment from the city of Fort Wayne after the general contractor working on the city park project declared bankruptcy.
Court finds facilities have immunity in suit over detention
The three unidentified entities involved in the detention of a Bloomington man for several days after he refused in-patient treatment for alcoholism are entitled to immunity in his lawsuit alleging medical malpractice, the Indiana Court of Appeals ruled Wednesday.
Neighbors entitled to 12-foot strip of land under doctrine by acquiescence
In a dispute between longtime neighbors over use and ownership of a strip of land, the Indiana Court of Appeals affirmed summary judgment for one set of neighbors based on the doctrine of title by acquiescence.
Indiana House speaker outlines agenda for 2014 legislative session
Addressing the Indiana House of Representatives, Speaker Brian Bosma encouraged legislators to move forward with the new criminal code and to provide the funding for community corrections programs.
COA: Possession of syringe doesn’t support conviction
Because the state did not introduce evidence that a man intended to use a syringe found in his pocket after being stopped by police to inject a controlled substance into his body, his conviction for Class A misdemeanor possession of paraphernalia must be reversed, the Indiana Court of Appeals concluded.
Court warns about improper use of address
The United States Bankruptcy Court for the Southern District of Indiana has a message for attorneys: Do not refer to its post office box address in filer-generated notices.
JPMorgan enters into $13B settlement with states, federal government
JPMorgan has agreed to pay a record $13 billion to settle federal and state civil claims arising out of its packaging, selling, marketing and issuance of residential mortgage-backed securities, the Department of Justice announced Tuesday.
Opinions Nov. 19, 2013 ILD
Indiana Court of Appeals
Fawn McDonald-Woolridge v. Jacob Woolridge (NFP)
53A01-1204-DR-593
Domestic relation. Affirms trial court’s admitting evidence and finding McDonald-Woolridge in contempt. Remands for trial court to revise order allowing the supervising agency to determine when the father’s parenting time would become unsupervised. Also remands for trial court to re-evaluate make-up parenting time and who should best pay for supervised parenting time.
Lindsey J. Barger v. State of Indiana (NFP)
32A05-1303-CR-136
Criminal. Affirms conviction for Class A misdemeanor battery.
Laray Carter v. State of Indiana (NFP)
71A03-1304-CR-127
Criminal. Affirms conviction for arson, a Class B felony, and resisting law enforcement, a Class A misdemeanor.
Morgan Govan v. State of Indiana (NFP)
02A04-1302-PC-91
Post conviction. Affirms denial of Govan’s petition for post-conviction relief.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions Nov. 19, 2013
Indiana Supreme Court
Gersh Zavodnik v. Michela Rinaldi, et al
49S05-1311-CT-759
Civil tort. Reverses order of dismissal and remands to the trial court for further proceedings without prejudice to dismissal under Trial Rule 41(E) if warranted after further consideration.
Appeals court affirms molester’s conviction, splits on probation restriction
A man’s 15-year executed prison sentence for a conviction of child molesting was affirmed by a Court of Appeals panel Tuesday, but one judge found the conditional probation restrictions on activities involving children unconstitutionally vague.
Justices reinstate case dismissed over service questions
The Indiana Supreme Court reversed dismissal of a case because of questions about whether a defendant had properly been served notice.
US Supreme Court takes pass on cyberspying petition
Although the Supreme Court of the United States decided Monday, not to consider a petition challenging the legality of the National Security Agency’s surveillance activities, one cybersecurity expert at IU expects the issue will eventually come before the nine justices.
IndyBar: Nod to Professionalism
Christopher J. Braun has distinguished himself as a preeminent attorney, teacher and mentor.
IndyBar: Volunteer to Take a Family Law or Minor Guardianship Pro Bono Case
Since early 2013, the IndyBar and local legal service providers have been teaming up to provide pro bono help in family law cases. Almost a year into this joint effort, more than 100 cases have been placed and additional volunteers are needed to provide assistance to those in need.
Blomquist: Inspiring the Next Generation in the Shadow of Greatness
As the Indianapolis Public Schools Magnet School for Law and Public Policy, Shortridge has been designed to be the chosen path for future lawyers, legislators, business leaders and policymakers from Indianapolis.