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Opinions June 26, 2013 ILD

Indiana Court of Appeals
Rachel Van Alstine v. Review Board of the Indiana Dept. of Workforce Development and Dept. of Child Services (NFP)
93A02-1301-EX-27
Agency action. Affirms denial of claim for unemployment benefits.

Term. of the Parent-Child Rel. of: K.W., Minor Child, and D.F., Father v. The Indiana Dept. of Child Services (NFP)
82A04-1210-JT-523
Juvenile. Affirms termination of parental rights to K.W.

Patrick Lewis v. State of Indiana (NFP)
67A05-1210-CR-527
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Clarenda Love v. Bruce Love (NFP)
32A05-1207-DR-373
Domestic relation. Reverses property distribution order following the dissolution of the Loves’ marriage. Remands with instructions for the trial court to determine the distribution in accordance with the presumption of an equal division of marital property.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
 

Opinions June 26, 2013

7th Circuit Court of Appeals
Michael Alexander v. United States of America
12-2190
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Reverses Alexander’s malicious prosecution and intentional infliction of emotional distress lawsuit against the United States under the Federal Tort Claims Act. The complaint for malicious prosecution sets forth enough plausible detail to provide adequate notice to the defendants and survive a 12(b)(6) motion to dismiss. Concludes the IIED claim is timely and adequately states a claim.

US Supreme Court strikes down DOMA as unconstitutional

On its last day of the 2012 term, the Supreme Court of the United States handed down its highly anticipated decisions involving same-sex marriage. Same-sex couples in states that recognize same-sex marriage received a victory from the court when the majority struck down Section 3 of the Defense of Marriage Act as unconstitutional.

COA reaffirms separate convictions for check theft not warranted

The Indiana Court of Appeals granted the state’s petition for rehearing in a case in which the defendant stole checks from a man’s mailbox, but affirmed its original decision that the taking of the checks and what the defendant did with them constituted a single continuing act of theft.

Lawyer’s suit alleging malicious prosecution, emotional distress may proceed

The 7th Circuit Court of Appeals reversed the decision by a federal court in Indianapolis that dismissed a Muncie criminal defense attorney’s lawsuit against the United States for malicious prosecution and intentional infliction of emotional distress. Michael Alexander brought the suit after he was acquitted on charges of bribery in 2009.

US Supreme Court: DOMA unconstitutional; finds lack of standing to appeal in Perry

The Supreme Court of the United States struck down the Defense of Marriage Act Wednesday in a 5-4 decision that is confined to only those in lawful marriages. Associate Justice Anthony Kennedy authored the majority decision, writing the Act is a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.

Justices slam agreement to no parenting time, no child support

The Indiana Supreme Court had harsh words Tuesday for parents and attorneys who enter into agreements that stipulate giving up parenting time in lieu of paying child support. There must be extraordinary circumstances to justify denying parenting time.

Opinions June 25, 2013 ILD

Indiana Court of Appeals
Cornelious Elliott v. State of Indiana (NFP)
48A02-1212-CR-1006
Criminal. Affirms finding Elliott violated the terms of his probation.

Ryan Byfield v. State of Indiana (NFP)
29A02-1210-CR-780
Criminal. Affirms convictions of three counts of Class B felony criminal deviate conduct, finding Byfield is a habitual offender and 50-year aggregate sentence. Remands for limited purpose of correcting an error in the abstract of judgment.

Shawn Anthony Craft v. State of Indiana (NFP)
45A03-1211-CR-458
Criminal. Affirms conviction of Class B felony burglary.

Daniel M. Sulkoske v. Statewide Credit Association (NFP)
32A01-1212-SC-573
Small claim. Affirms judgment in favor of Statewide Credit Association.

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

 

SCOTUS strikes portion of Voting Rights Act; will hand down term’s final decisions Wednesday

The Supreme Court of the United States held Section 4 of the Voting Rights Act is unconstitutional Tuesday, ruling that its formula can no longer be used as a basis for subjecting jurisdictions to pre-clearance. The case stems from Shelby County in Alabama asking for a declaratory judgment that sections 4(b) and 5 are facially unconstitutional and a permanent injunction against their enforcement.

Opinions June 25, 2013

Indiana Supreme Court
Loren Hamilton Fry v. State of Indiana
09S00-1205-CR-361
Criminal. Affirms denial of bail for Fry, who is charged with murder. Holds that when a defendant charged with murder or treason seeks bail, the burden is on the state, if it seeks to deny bail, to show by a preponderance of the evidence that the proof is evident or the presumption strong. Chief Justice Dickson concurs to which Justice Rush joins; Rush concurs; Justice Massa concurs in result and dissents with separate opinion; and Justice Rucker dissents with separate opinion in which Massa concurs.

Resisting law enforcement conviction reduced due to double jeopardy violation

A post-conviction court “clearly erred” when it found a man’s trial attorney did not provide ineffective assistance of counsel, the Indiana Court of Appeals ruled Tuesday. The judges ordered the court to reduce Timmy Zieman’s Class C felony resisting law enforcement conviction to a Class D felony because of a violation of double jeopardy principles.

Refusal to remove biased board member ends potential administrative remedies

After finding that the exhaustion of administrative remedies was excused for a company seeking to operate a stone quarry because a drainage board member was biased against the project, the Indiana Court of Appeals ruled the trial court acquired subject matter jurisdiction and properly denied the board member’s motion to dismiss.

Justices reverse rule of law going back to Civil War era

After requiring for nearly 150 years that a defendant charged with murder or treason be required to prove he or she is entitled to bail, a divided Indiana Supreme Court ruled it now falls upon the state to show that “the proof is evident or the presumption strong” that the defendant is guilty and not entitled to bail.

Evidence supports felony inmate fraud conviction

Finding that a defendant obtained a future interest in bail money as well as his release from prison – which constitute property under Indiana law – the Indiana Court of Appeals upheld Elnesto Ray Valle’s Class C felony inmate fraud conviction. Valle convinced a stranger to pay his bail.

Justices: Officer had reasonable suspicion window tint violated law

The Indiana Supreme Court affirmed the denial of a defendant’s motion to suppress cocaine found on him after his car was stopped by police on the belief the car’s window tint did not comply with Indiana statute. The justices found the officer had reasonable suspicion that the tint was in violation of the Window Tint Statute.