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Opinions Sept. 13, 2013 ILD

September 13, 2013

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of Jo. B. & Ju. B.(Minor Children) and T. B.(Mother) v. The Indiana Department of Child Services (NFP)
49A05-1303-JT-92
Juvenile. Affirms termination of T.B.’s parental rights to her children, Ju.B. and Jo.B.

Lamar Miller v. State of Indiana (NFP)
49A05-1302-CR-46
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Charles Grieco v. State of Indiana (NFP)
49A04-1301-CR-32
Criminal. Affirms conviction for operating a vehicle while intoxicated, as a Class C misdemeanor.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.  
 

Opinions Sept. 13, 2013

September 13, 2013

Von Tobel Corporation, Individually, and d/b/a Von Tobel Lumber & Hardware; and Von Tobel Lumber & Home Center, Inc. v. Chi-Tec Construction & Remodeling, Inc.; John F. Ziola, Jr.; Et Al.
46A03-1301-MI-18
Miscellaneous/mechanic’s lien. Reverses grant of summary judgment in favor of the Margret Lynn West trust, one of the defendant parties, and orders summary judgment entered for Von Tobel. The panel reversed a trial court ruling that the lien was invalid because a pre-lien notice named “Von Tobel Lumber & Home Center Inc.” and the lien notice named “Von Tobel Corporation” as claimants. The difference was minimal, not misleading and didn’t prejudice the trust or other parties, the panel held.

Failure to register in Indiana opens door for state charges against Ponzi scheme mastermind

September 13, 2013

A split Indiana Court of Appeals ruled a man at the center of an alleged Ponzi scheme that defrauded nearly 72 victims in Ohio, Kentucky and Indiana will have to face state charges even though he pleaded guilty to a federal indictment.

Reversal: Trust bears liability for builder’s nonpayment despite lien notice discrepancies

September 13, 2013

A trust that won summary judgment at the trial court against a supplier of building materials for construction of a home on Lake Michigan got the opposite result from an appeals court Friday. The trust is liable, even though it paid builders who failed to reimburse the supplier for materials provided on credit.

JTAC oversight committee sets initial meeting

September 13, 2013

The first meeting of the committee created by the Legislature to oversee the Indiana Supreme Court’s technology initiatives – chief among them continued implementation of the Odyssey case management system – will take place Tuesday morning.

Attorney general files right-to-work appeal with Indiana Supreme Court

September 12, 2013

The Indiana attorney general filed notice Sept. 12 that he is asking the state’s highest court to find Indiana’s right-to-work law constitutional.

Opinions Sept. 12, 2013 ILD

September 12, 2013

Indiana Court of Appeals
Flora Birdsong v. Illinois Central School Bus (NFP)
93A02-1304-EX-319
Civil. Affirms denial of worker’s compensation benefits to Birdsong.

Jeffrey Griebel v. Lehsa Griebel (NFP)
53A04-1304-DR-191
Domestic relation. Dismisses Jeffrey Griebel’s appeal of child support order.

Willie Ambros Norman v. State of Indiana (NFP)
71A03-1301-CR-13
Criminal. Affirms conviction of Class D attempt to acquire possession of a legend drug by fraud, deceit, misrepresentation, or subterfuge.
 
Adolfo Lopez v. State of Indiana (NFP)
15A05-1302-CR-51
Criminal. Affirms denial of Lopez’s motion for recusal/change of judge.

Thelma Lindsey v. State of Indiana (NFP)
02A03-1211-CR-486
Criminal. Affirms two-year sentence for operating while intoxicated, as a Class D felony.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.M.(Minor Child) and C.M.(Mother) and R.M.(Father) v. Indiana Department of Child Services (NFP)
81A01-1302-JT-58
Juvenile. Affirms involuntary termination of C.M’s and R.M.’s parental rights to their 4-year-old child, K.M.

In Re the Termination of the Parent-Child Rel. of H.W. (Minor Child) and D.F. (Father) v. The Indiana Dept. of Child Services (NFP)
82A05-1301-JT-45
Juvenile. Affirms involuntary termination of D.F.’s parental rights to his child, H.W.

Phillip J. Troyer v. Tracy L. Troyer (NFP)
02A03-1302-DR-55
Domestic relation. Affirms order finding Phillip Troyer in contempt for failing to pay his share of K.T.’s uninsured medical expenses under the divorce decree. In her dissent, Judge Elaine Brown argues that Phillip’s action shows he was not being willfully disobedient. He told his ex-wife he would be delaying payment while he filed a claim against the insurer, to which she consented, and his assertion that he owed less than his ex-wife calculated was confirmed by the court.

In Re the Termination of the Parent-Child Rel. of El.S. and Et.S. (Minor Children) and M.S. (Mother) v. The Indiana Dept. of Child Services (NFP)
90A05-1211-JT-614
Juvenile. Affirms termination of M.S.’s parental rights to her children, El.S and Et.S.

Darren L. Bunch v. State of Indiana (NFP)
73A01-1301-CR-15
Criminal. Affirms conviction of rape as a Class B felony.

Jeff Pierrard v. Wright Implement 1, LLC (NFP)
62A01-1305-CT-238
Civil tort. Affirms summary judgment in favor of Wright Implement 1, LLC, regarding its claim against Pierrard for conversion of a tractor and other equipment.

Oscar Diaz-Flores v. State of Indiana (NFP)
49A02-1302-CR-184
Criminal. Affirms conviction of Class A felony burglary. Also affirms one count of Class C felony criminal confinement and vacates the other count. Finds Flores’ criminal confinement of his ex-girlfriend constitutes a single transaction and can only support one criminal confinement conviction.  

Stephen R. Harvey, Jr. v. State of Indiana (NFP)
02A03-1302-CR-44
Criminal. Affirms denial of Harvey’s motion for concurrent sentencing.

Gregory Voltaire v. State of Indiana (NFP)
02A03-1303-CR-104
Criminal. Affirms conviction for Class D felony sexual battery. Reverses and remands with instruction one-year sentence for Class B misdemeanor battery. Finds Voltaire’s one-year sentence suspended to probation for the misdemeanor violates Indiana Code which limits the term of imprisonment for Class B misdemeanor to no more than 180 days.

Thomas I. Goode v. Hendricks County Planning and Building Commission (NFP)
32A01-1302-PL-67
Civil plenary. Dismisses Goode’s appeal of the trial court’s July 2011 order and October 2012 order that he comply with the general business district zoning requirements. Finds Goode forfeited his right to appeal because he did not file notice within 30 days of the orders.

Christopher D. Davies v. State of Indiana (NFP)
34A02-1301-CR-18
Criminal. Affirms three-year sentence executed for theft, a Class D felony.

Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

Opinions Sept. 12, 2013

September 12, 2013

Indiana Supreme Court
Clark County Board of Aviation Commissioners, Board of Commissioners of Clark County, Indiana v. Dennis Dreyer and Margo Dreyer, as Co-Personal Reps. of the Estate of Margaret A. Dreyer
10S01-1308-PL-529
Civil plenary. Grants transfer to dispel confusion arising from “inartful language” in previous opinion.

Supreme Court takes eminent domain case to clean up confusion

September 12, 2013

Confusion from “inartful language” will put the ongoing dispute over the Clark County airport expansion before the Indiana Supreme Court.

Double jeopardy does not prohibit state from retrying defendant on lesser charge

September 12, 2013

Although a man’s conviction was overturned, the Indiana Supreme Court has ruled he can still be retried on the same charge without violating double jeopardy prohibitions because “a rational jury” would have considered more than one element of the crime.

Expungement forum postponed

September 12, 2013

A second expungement law forum, scheduled for Sept. 17, has been postponed.

Man who bilked banks of $10 million sentenced

September 12, 2013

A southern Indiana man who defrauded Indiana banks of more than $10 million by supplying bogus financial information from family members to obtain multi-million-dollar loans for real estate, an airplane and a yacht will spend five years in federal prison.

CASA conference to train, honor volunteers

September 12, 2013

A single mother of two from Monroe County will receive the honor of volunteer of the year this weekend at an annual conference of court-appointed special advocates.

Marsh Supermarkets, former CEO spar over attorney fees

September 12, 2013

The years-long legal spat between Don Marsh and the company he once led appeared to have concluded this summer, but has now turned to attorneys’ fees and who’s paying the million-dollar bills.

Drunken driving conviction affirmed; tipster’s observations reasonable cause

September 12, 2013

The Indiana Court of Appeals affirmed a man’s conviction for Class C misdemeanor operating a vehicle while intoxicated Thursday, though one panelist wrote the court went deeper into the analysis of the defendant’s Fourth Amendment claim than it needed to do.

Dispatcher fired after firecracker incident loses unemployment appeal

September 12, 2013

An appeals court panel Thursday affirmed denial of unemployment benefits for a Starke County sheriff’s dispatcher who took time off work after a firecracker exploded behind her at work and she was diagnosed with hearing loss, vertigo and tinnitus.

Parental liability as co-signers on kids’ school loans subject to divorce decree

September 12, 2013

Student loan liabilities of parents who co-signed for their two children should have been a consideration in dividing property in a divorce proceeding, the Indiana Court of Appeals ruled Thursday.

Opinions Sept. 11, 2013 ILD

September 11, 2013

Indiana Court of Appeals
Jane Kleaving v. State of Indiana (NFP)
74A04-1209-CR-472
Criminal. Affirms conviction for conspiracy to commit murder as a Class A felony.

Ronald D. Hayes v. State of Indiana (NFP)
54A01-1302-CR-77
Criminal. Affirms revocation of probation and order for Hayes to serve his previously suspended two-year sentence in the Indiana Department of Correction.

Yohau Flame v. State of Indiana (NFP)
49A02-1302-CR-121
Criminal. Affirms conviction after a jury trial of rape and criminal deviate conduct, each as a Class A felony, two counts of criminal confinement and one count of attempted robbery, each as a Class B felony, and one count of auto theft, as a Class D felony.

Dewayne Perry v. State of Indiana (NFP)
49A02-1302-CR-162
Criminal. Affirms conviction for felony murder. Reverses and remands with instructions that the trial court vacate Perry’s conviction of and one-day sentence for Class A felony robbery. Perry argued the trial court violated the prohibition against double jeopardy by entering convictions for both robbery and felony murder with robbery as the underlying felony. The state did not oppose Perry’s claim, conceding that there is a reasonable possibility that the evidentiary facts were used to establish the essential elements for the robbery charge and the underlying felony for the felony murder charge.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline.
 

Opinions Sept. 11, 2013

September 11, 2013

7th Circuit Court of Appeals
David Hughes v. Kore of Indiana Enterprise Inc., et al.
13-8018
Civil. Reverses decertification of a class action, finding the U.S. District Court for the Southern District of Indiana, Indianapolis Division, did not provide adequate grounds for the ruling, and remands for further proceedings.

Insurer’s exclusion stands after bar fight

September 11, 2013

A woman’s own description of a barroom brawl that left her with a broken arm was used against her in allowing an insurance company to deny coverage.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Howard County judge permanently banned from judicial service

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • State judiciary is considering alternative exam for bar admission

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