Lilly, Simon lawyers make best-paid general counsel list
Attorneys for two Indianapolis-based Fortune 500 companies are among the 50 best-paid general counsel, according to a list published Monday by Corporate Counsel Magazine.
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Public safety chief to address Marion County probation staff
Indianapolis-Marion County Public Safety Director Troy Riggs will be among the featured speakers for an event Wednesday honoring staff of the county probation department.
Opinions July 22, 2013 ILD
Indiana Court of Appeals
Daniel J. Chupp v. Wyndham Vacation Ownership, Inc. (NFP)
41A04-1302-SC-48
Small claim. Affirms grant of motion to dismiss Chupp’s notice of small claim and the denial of his motion to reconsider. Also denies Wyndham’s request for attorney fees.
Tony Mays v. State of Indiana (NFP)
84A04-1301-PC-6
Post conviction. Affirms denial of petition for post-conviction relief.
William Joseph VanHorn v. State of Indiana (NFP)
48A02-1212-CR-992
Criminal. Affirms denial of petition for amended abstract of judgment, in which VanHorn requested additional presentence jail credit time.
In Re the Adoption of A.H. and N.H., minor children, D.H., v. A.C.H. (NFP)
17A03-1302-AD-34
Adoption. Affirms the grant of stepmother A.C.H.’s petition to adopt D.H.’s children A.H. and N.H.
Donna M. Brown v. Paul F. Buchmeier and Sally M. Buchmeier d/b/a Fashion Trends (NFP)
33A05-1301-PL-13
Civil plenary. Affirms summary judgment for the Buchmeiers on Brown’s lawsuit alleging breach of duty of care owed to a business invitee by an owner.
Co-Alliance, LLP v. Monticello Farm Service, Inc. (NFP)
91A04-1211-PL-606
Civil plenary. Dismisses appeal by Co-Alliance seeking to challenge a court order favorable to Monticello Farm Service because that order is not a final judgment or an interlocutory order appealable as a matter of right.
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 July 22, 2013
Indiana Court of Appeals
Thomas Dexter v. State of Indiana
79A04-1212-CR-611
Criminal. Affirms finding by jury after remand that Dexter is a habitual offender and the sentence enhancement of 30 years on his conviction of Class A felony neglect of a dependent resulting in death. The certified transcript from Dexter’s guilty-plea and sentencing hearing is sufficient to prove one of his underlying felony convictions, and his habitual-offender retrial was not barred by res judicata.
Sewer district owed refund in easement dispute
The Indiana Court of Appeals ordered the White Circuit Court clerk to refund the thousands of dollars a sewer district overpaid in damages for easements on a couple’s property to construct sewers. The appellate court held that the trial court improperly admitted the court-appointed appraisal report.
COA affirms second imposition of habitual-offender enhancement
A Tippecanoe County man whose sentence enhancement for being a habitual offender was overturned by the Indiana Supreme Court – but later re-imposed after a retrial – was unable to convince the Indiana Court of Appeals that his retrial was barred by res judicata.
Visitation, funeral this weekend for Carmel attorney
A longtime attorney from Carmel who died unexpectedly this week will be laid to rest Sunday.
Bail bond issues dominate Commission on Courts meeting
Although charged with only one duty, the Commission on Courts has added the controversial topic of bail bonds to its summer study agenda.
Opinions July 19, 2013 ILD
Indiana Court of Appeals
Kenneth Scholz v. Lorraine Kirk (NFP)
37A03-1211-PL-493
Civil plenary. Affirms the trial court’s determination of the amount of damages for the rental income for the farmland. Reverses award of prejudgment interest to Kirk.
Sean Johnson v. State of Indiana (NFP)
49A02-1301-CR-8
Criminal. Affirms conviction of Class A misdemeanor dealing marijuana and remands with instructions to vacate Johnson’s conviction for Class A misdemeanor possession of marijuana because of a double jeopardy violation.
Dennis Tiller v. State of Indiana (NFP)
49A02-1211-CR-928
Criminal. Affirms convictions of two counts of child molesting, one as a Class A felony and one as a Class C felony.
David A. Wilson v. State of Indiana (NFP)
55A05-1211-CR-606
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Jesus Mondragon v. State of Indiana (NFP)
49A04-1212-CR-635
Criminal. Affirms conviction of domestic battery as a Class A misdemeanor.
Kathay Van Dyne v. IOM Health Systems LP, d/b/a Lutheran Hospital of Indiana (NFP)
02A04-1211-CT-572
Civil tort. Affirms summary judgment for Lutheran Hospital on Van Dyne’s negligence lawsuit filed on behalf of herself and her husband’s estate.
In the Matter of the Term. of the Parent-Child Rel. of: I.M.A. and L.R.A. (Minor Children), and M.M.H. (Mother) v. Indiana Department of Child Services (NFP)
02A04-1212-JT-634
Juvenile. Affirms termination of parental rights.
Terrence Morris v. State of Indiana (NFP)
49A05-1301-CR-2
Criminal. Affirms conviction of Class B misdemeanor battery.
A.M.D., a Minor by his Parents and Guardians, John Doe and Jane Doe, and John Doe and Jane Doe, Individually v. Young Men's Christian Assoc. of Greater Indianapolis (NFP)
49A04-1211-CT-551
Civil tort. Reverses summary judgment in favor of the YMCA on A.M.D.’s lawsuit alleging negligence.
Lake County Trust Company, Trust 4210, Trust 5061, and Alex Emmanoilidis v. Aox, Inc., and Brian Piunti (NFP)
45A03-1207-PL-309
Civil plenary. Affirms a jury verdict against the trust company as landlord for breach of lease and malicious prosecution.
Louis Cole v. State of Indiana (NFP)
22A01-1211-CR-506
Criminal. Affirms conviction of resisting law enforcement as a Class D felony.
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 July 19, 2013
Indiana Court of Appeals
Kenneth Scholz v. Lorraine Kirk (NFP)
37A03-1211-PL-493
Civil plenary. Affirms the trial court’s determination of the amount of damages for the rental income for the farmland. Reverses award of prejudgment interest to Kirk.
ACLU of Indiana to look at civic literacy at August event
The August edition of the ACLU’s First Wednesdays program will ask if democracy can survive given the current state of civic literacy in the United States.
Judges formalize reaffirmation of City-County Building firearms ban
Marion County judges on Friday formally reaffirmed a 2007 policy banning firearms from the City-County Building. Law-enforcement personnel and judicial officers are exempt from the prohibition.
Opinions July 18, 2013 ILD
Indiana Court of Appeals
Marco Puente v. Stark Leasing Company, Inc. (NFP)
49A02-1211-PL-940
Civil plenary. Affirms judgment entered against Puente but reverses award of attorney fees to Stark Leasing Co. Remands for the trial court to hold a hearing on the issue of attorney fees incurred through the trial in this case, not exceeding the $1,800 originally awarded.
Troy Thurman v. State of Indiana (NFP)
22A04-1208-CR-438
Criminal. Reverses trial court refusal to award credit for time served and good time credit. Remands with instructions to modify the time remaining on Thurman’s sentence.
Clint Bradley a/k/a Sam Jones v. State of Indiana (NFP)
18A02-1209-CR-760
Criminal. Affirms denial of Bradley’s motion to withdraw his guilty pleas to counts of Class B felony dealing in cocaine and unlawful possession of a firearm by a serious violent felon.
Jeremiah Walls v. State of Indiana (NFP)
55A01-1212-CR-581
Criminal. Affirms trial court’s determination that the state did not violate the 14th Amendment by striking a prospective juror and affirms the trial court’s refusal to give Walls’ tendered jury instruction.
Todd D. Kelly v. State of Indiana (NFP)
41A01-1212-CR-565
Criminal. Affirms conviction of Class A misdemeanor intimidation.
Bruce Johnson-El v. State of Indiana (NFP)
09A02-1302-CR-177
Criminal. Dismisses appeal of denial of petition for additional credit time.
Kasiim Weaver v. State of Indiana (NFP)
45A05-1211-CR-564
Criminal. Affirms 34-year sentence for Class A felony voluntary manslaughter.
John D. Rogers v. State of Indiana (NFP)
10A04-1211-CR-592
Criminal. Affirms denial of motion for specific performance of a plea agreement.
In the Matter of the Paternity of: L.M.D. (Minor Child) D.H. v. A.D. (NFP)
01A02-1301-JP-31
Juvenile. Reverses denial of father’s petition to change the last name of his daughter to match his own. Remands with instructions to grant the petition.
James F. Noel v. State of Indiana (NFP)
49A02-1212-CR-1005
Criminal. Affirms conviction of Class A felony attempted murder.
The Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions July 18, 2013
Indiana Supreme Court
In Re the Guardianship of A.J.A. and L.M.A., Minor Children; J.C. v. J.B. and S.B.
48S02-1305-GU-398
Guardianship. Holds the trial court correctly vacated its original order granting grandparent visitation. The Grandparent Visitation Statute does not provide a means by which the paternal grandmother in this case may seek visitation when her son has murdered the mother of her two grandchildren.
Search of man, car that led to drug arrest constitutional, COA rules
The Indiana Court of Appeals concluded Thursday that the search of the man who supplied cocaine to buyers as well as the search of his car did not violate state and federal constitutions.
Inmate loses negligence suit on appeal
The Indiana Court of Appeals affirmed summary judgment for the Adams County sheriff, finding an inmate was unable to make a prima facie case for negligence. The inmate sued after contracting a methicillin-resistant staphylococcus aureus – or MRSA – infection after visiting the hospital.
Expungement forum set for Saturday in Gary
Attorneys will present information and answer questions about Indiana’s new expungement law at a forum Saturday in Gary.
COA rules company not entitled to surplus funds under agreement
An Owen Circuit judge erred by granting a Colorado company’s petition to claim surplus funds from the tax sale of property belonging to Ora and Leafie Chambers, the Court of Appeals ruled Thursday. The couple signed an agreement that transferred their right of the surplus funds from the sale of their property to Asset Recovery Inc.
Grants available for CHINS, termination of parental rights projects
The Indiana Court Improvement Program is accepting applications for projects that are designed to improve the safety and permanency of children and families involved in children in need of services and/or termination of parental rights proceedings.
COA finds no error in Class A felony attempted robbery conviction
After determining it had jurisdiction over a defendant’s appeal, the Indiana Court of Appeals affirmed his conviction of Class A felony attempted robbery instead of a lesser-included offense.