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Luxury Townhomes, LLC/LP XXIV, LLC, et al. v. McKinley Properties, Inc. and Kenneth Polsinelli
49A05-1210-MF-514
Mortgage foreclosure. Affirms denial of Luxury’s motion to correct error. Rules that since the trial court already held a hearing, accepted the receiver’s final report and discharged the receiver, the doctrine of res judicata precluded Luxury from filing a separate motion against the receiver.
U.S. District Judge Tanya Walton Pratt has made permanent an injunction barring Indiana from denying Medicaid funds to Planned Parenthood clinics. Indiana Lawyer’s sister publication Indianapolis Business Journal has the story.
A property owner’s attempt to file a separate action against a court-appointed receiver was derailed by the Indiana Court of Appeals under the doctrine of res judicata.
Former attorney William Conour has asked a federal judge who ordered him jailed last month in his wire fraud case to free him ahead of his Oct. 17 sentencing.
In overturning the trial court’s ruling, the Indiana Supreme Court compared the case to Poor Richard’s admonition: “For want of a Nail the Shoe was lost; for want of a Shoe, the Horse was lost; and for want of a Horse the Rider was lost, being overtaken and slain by the enemy, all for want of Care about a Horse-shoe Nail.”
Indiana Court of Appeals
In the Matter of the Involuntary Term. of the Parent-Child Rel. of M.N., Minor Child and his Father, M.D.N. v. Indiana Department of Chiild Services (NFP)
79A02-1301-JT-21
Juvenile. Affirms the juvenile court’s order terminating father’s parental rights to his son, M.N.
Abdul G. Buridi v. RL BB Financial, LLC (NFP)
10A01-1212-MF-580
Mortgage foreclosure. Affirms denial of Buridi’s motion asking that the summary judgment be set aside because of newly discovered evidence.
Daniel R. Clemans v. State of Indiana (NFP)
29A02-1302-CR-289
Criminal. Affirms conviction of operating a motor vehicle while driving privileges are suspended due to being a habitual traffic violator, a Class D felony.
James W. Baker, Jr. v. State of Indiana (NFP)
03A01-1302-CR-49
Criminal. Affirms sentence for two courts of burglary as Class C felonies. Finds trial court did not abuse its discretion in sentencing Baker to eight years on each of the two counts, all executed, to be served concurrently with each other but consecutively with Baker’s sentences in two other separate cases.
Joshua A. Yenna v. State of Indiana (NFP)
02A03-1211-CR-499
Criminal. Affirms conviction for Class D felony battery.
In the Matter of the Paternity of C.B., A.B. v. R.B. (NFP)
54A01-1211-JP-495
Juvenile Paternity. Affirms in part and reverses in part the judgment of the trial court. Concludes the trial court’s decisions regarding the calculation of child support were well-supported by its findings and by the evidence. However, finds the trial court erred by granting R.B.’s request to change C.B.’s name because he did not include this request in his written petition to establish paternity.
The Indiana Supreme Court and Tax Court released no opinions prior to IL deadline.
7th Circuit Court of Appeals
Sikiru Adeyeye v. Heartland Sweeteners, LLC
12-3820
Civil/Religious discrimination. Reverses summary judgment in favor of Heartland and remands to the District Court for proceedings, holding that a material issue of fact exists as to whether Sikiru Adeyeye’s rights under Title VII were violated when he was fired after taking time off work to attend his father’s burial rights in Nigeria.
The Indiana Court of Appeals granted a rehearing in a wrongful death lawsuit filed against a public school corporation by the family of a student with Down syndrome who died after choking at school, refining a question to be presented to a jury.
A man convicted of sexual misconduct with a minor will get a new trial after the Indiana Court of Appeals found the prosecutor’s zealous statements made to a jury during closing arguments deprived the man of a fair trial.
A Nigerian employee who asked his employer for time off work to attend his father’s burial rights and was fired when he returned is entitled to a day in court, the 7th Circuit Court of Appeals held Wednesday.
A warrantless search was not a violation of the Fourth Amendment of the U.S. Constitution because the defendant consented through nonverbal cues, the 7th Circuit Court of Appeals ruled Wednesday.
A majority of nine 7th Circuit Court of Appeals judges narrowly denied rehearing en banc for an Indiana man whose sentence was erroneously calculated. A dissenting judge called the case a “miscarriage of justice.”
In reviewing a dispute over testimony given by expert witnesses, the Indiana Court of Appeals sees no reason to hold a new trial.
A man’s conviction on federal firearm charges was vacated Tuesday when the 7th Circuit Court of Appeals ruled that possession of machine guns was not violent crime, citing a case earlier this year that applied the same rationale to possession of sawed-off shotguns.
The Indiana Court of Appeals has found that an impromptu burglary spree that lasted less than 48 hours does not meet requirements for a corrupt business influence conviction.
Publicly resigned to the likelihood that action will be taken against his law license, attorney Paul Ogden was grilled for hours Tuesday in his hearing before the Indiana Disciplinary Commission.
No possibility of danger or smell of marijuana was evident, and that was enough to convince the Indiana Court of Appeals to suppress evidence found during a police officer’s search of a motorist’s backpack.
A father’s messy financial statements do not prevent a trial court from doing its own calculations and increasing his weekly child support payments, the Indiana Court of Appeals has ruled.
Adam Miller v. State of Indiana
53A05-1211-CR-560
Criminal. Reverses trial court’s denial of Adam Miller’s motion to suppress. Concludes the search of Miller’s backpack was impermissible under the Fourth Amendment of the U.S. Constitution. Judge Cale Bradford dissents, arguing the search of Miller’s backpack did not violate the Fourth Amendment of the U.S. Constitution or Article I, Section 11 of the Indiana Constitution. Further, he asserts, the trial court did not abuse its discretion in allowing the state to reopen its evidence at the suppression hearing. Click the case name to read the full opinion.
Indiana Court of Appeals
Kevin Buckley v. State of Indiana (NFP)
49A04-1211-CR-564
Criminal. Affirms conviction for Class C felony.
Robert Marks v. State of Indiana (NFP)
62A01-1212-CR-591
Criminal. Affirms trial court’s revocation of Marks’ probation.
Anonymous Hospital, Inc., v. Jane Doe, Et Al., and Indiana Department of Insurance (NFP)
20A03-1210-CT-426
Civil tort. Reverses and remands for further proceedings the trial court granting Doe partial summary judgment. Rules Doe’s complaint for damages falls within the purview of the Indiana Medical Malpractice Act.
Joseph Dowell and Angie L. Grove and Cody Rowe v. American Modern Home Insurance Company (NFP)
50A03-1211-CT-487
Civil tort. Affirms summary judgment for American Modern Home Insurance Co.
Gary Wayne Shortt v. State of Indiana (NFP)
73A01-1212-CR-590
Criminal. Affirms the denial of Shortt’s motion for earned credit time and to correct error in his sentence.
Floyd D. Stewart v. State of Indiana (NFP)
65A05-1212-CR-656
Criminal. Affirms Stewart’s conviction of two counts of Class A felony dealing in cocaine and sentence to concurrent terms of 23 years, with 21 years executed and two years suspended.
Kendal R. Pitts v. State of Indiana (NFP)
45A03-1211-CR-492
Criminal. Affirms Pitts’ 30-year sentence for Class A felony rape.
Dominique Devon Hayes v. State of Indiana (NFP)
45A05-1211-CR-576
Criminal. Affirms Hayes’ sentence of 17 years for one count of Child Molesting as a Class B felony.
Margaret Smith v. Kristopher Schaler (NFP)
49A05-1211-CT-552
Civil tort. Affirms trial court’s denial of Smith’s motion to dismiss Schaler’s complaint pursuant to Indiana Trial Rule 12(B)(6). Judge Nancy Vaidik dissents, arguing the trial court did err because Schaler has only pled to spoliation-of-evidence claim in his complaint and spoliation of evidence is not a recognized cause of action in Indiana.
Victor Fointno v. Clair Barnes, Et Al., (NFP)
52A05-1303-SC-126
Small Claim. Affirms trial court’s entry of judgment against Fointno and in favor of the defendants.
James A. Groff v. State of Indiana (NFP)
90A02-1211-CR-886
Criminal. Affirms Groff’s statutory no-contact order as a condition of his executed sentence following his plea of guilty to sexual misconduct with a minor, a Class B felony.
In the Matter of the Term. of Parent-Child Rel. of M.G. & A.G. (Minor Children), and S.S.(Mother) & S.G.(Father), v. Child Advocates Inc. and Indiana Department of Child Services (NFP)
49A05-1211-JT-583
Juvenile termination. Affirms the termination of mother’s and father’s parental rights.
Truong Vu v. State of Indiana (NFP)
53A04-1207-CR-352
Criminal. Affirms Vu’s convictions for criminal deviate conduct, as a Class B felony; sexual battery, as a Class D felony; and two counts of criminal confinement, as Class D felonies. Remands with instructions for the court to correct its written sentencing statement and any related documents to include the term of probation.
Jose F. Medina v. State of Indiana (NFP)
20A04-1210-CR-525
Criminal. Affirms Medina’s conviction of and sentence for Class A felony attempted child molesting.
Adam Sullender v. State of Indiana (NFP)
20A03-1212-CR-554
Criminal. Affirms Sullender’s sentence for Class C felony battery of a pregnant woman and Class D felony strangulation.
Martez Brown v. State of Indiana (NFP)
48A02-1212-CR-1007
Criminal. Affirms Brown’s 150-year sentence after being convicted of two counts of murder and one count of Class B felony robbery.
Billy Ray Mead v. State of Indiana (NFP)
03A01-1301-CR-33
Criminal. Affirms trial court’s revocation of Mead’s probation and order for him to serve his previously suspended five-year sentence in the Indiana Department of Correction with credit for time served.
The Indiana Supreme Court and Tax Court release no opinions prior to IL deadline. The 7th Circuit Court of Appeals released no Indiana decisions prior to IL deadline.