Bloomington attorney enters into plea agreement
A jury trial set for this week for a Monroe County attorney accused of stealing money from clients has been cancelled because a plea agreement has been reached.
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Opinions Oct. 25, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Indiana Court of Appeals
Sharhonda Gunn v. State of Indiana (NFP)
49A02-1202-CR-157
Criminal. Affirms conviction of battery as a Class D felony.
Term. of the Parent-Child Rel. of: D.C.; M.C.; M.G.; & L.C. (Minor Children) and T.G. (mother) v. The Indiana Dept. of Child Services (NFP)
36A01-1204-JT-150
Juvenile. Affirms termination of parental rights.
William A. Jones v. State of Indiana (NFP)
40A05-1204-CR-210
Criminal. Affirms convictions of Class D felony operating while intoxicated and Class B misdemeanor false informing.
Ira W. Huth v. DKR Mortgage Asset Trust 1 (NFP)
64A03-1203-MF-117
Mortgage foreclosure. Affirms denial of Huth’s motion for relief from judgment.
Nicolette Deal v. Tyce Deal (NFP)
71A04-1204-DR-178
Domestic relation. Affirms denial of Nicolette Deal’s motion objecting to the jurisdiction of the court.
Bart Bell v. State of Indiana (NFP)
34A05-1204-CR-219
Criminal. Affirms sentence imposed following guilty plea to Class D felony theft.
Shane Harrold v. State of Indiana (NFP)
35A02-1206-PC-518
Post conviction. Affirms denial of petition for post-conviction relief.
Opinions Oct. 25, 2012
Indiana Court of Appeals
State Farm Mutual Automobile Insurance Company v. Ken Nunn Law Office
49A02-1202-CT-68
Civil tort. Reverses denial of State Farm’s motion for summary judgment on the law office’s attempt to recover attorney fees and remands for further proceedings. The law office may not seek payment of a former client’s attorney fees from State Farm under an equitable attorney fee lien or based on a theory of quantum meruit.
Law firm can’t collect attorney fees from insurer
Relying on caselaw from 1892, the Indiana Court of Appeals decided that Ken Nunn Law Office may not collect attorney fees it says are owed by a former client from a third-party insurance company following a settlement.
Supreme Court tests HD media hookup
Television stations and media organizations on Wednesday tested a new high-definition video system that could become the norm for coverage of oral arguments before the Indiana Supreme Court.
Marion Superior judge moves to bankruptcy court
Marion Superior Judge Robyn L. Moberly has been appointed to a 14-year term as United States Bankruptcy Judge for the U.S. District Court for the Southern District of Indiana. Chief Judge Frank Easterbrook of the 7th Circuit Court of Appeals announced the appointment Wednesday.
Opinions Oct. 24, 2012 ILD
7th Circuit Court of Appeals posted no opinions at IL deadline.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Lonnie D. Covey v. State of Indiana (NFP)
90A02-1204-CR-284
Criminal. Affirms conviction and sentence for Class C felony forgery.
Lamar Herron, Jr. v. State of Indiana (NFP)
79A04-1201-CR-58
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.
Joshua C. Johnson v. State of Indiana (NFP)
02A03-1203-CR-130
Criminal. Affirms convictions and sentence for five counts of child molesting, three as Class A felonies and two as Class C felonies; one count of Class C felony child exploitation; one count of Class D felony possession of child pornography; and two counts of Class D felony dissemination of matter harmful to minors.
Robert V. Kirts v. State of Indiana (NFP)
79A02-1202-CR-122
Criminal. Affirms convictions of Class C felonies operating a vehicle while intoxicated resulting in death and failure to stop after an accident resulting in death.
Opinions Oct. 24, 2012
Indiana Court of Appeals
Leslie Ann Grider v. State of Indiana
48A02-1112-CR-1156
Criminal. Reverses 19-year sentence following guilty pleas to two counts of Class C felony forgery, four counts of Class D felony theft, and two counts of Class D felony check fraud. The language of the plea agreement indicates the parties’ intention that the trial court would impose concurrent sentences on all counts regardless of the separate cause numbers. Orders Grider’s sentences to be concurrent for a total of eight years.
Judges find wired payment timely
Judges on the Indiana Court of Appeals declined to expand upon language in a forbearance agreement between a bank and business owner, finding the business owner timely made his final payment to the bank when he wired the money the day it was due, even though the bank did not receive it until the next day.
Majority affirms couple didn’t establish element of adverse possession
Two Indiana Court of Appeals judges upheld a judgment in favor of landowners on a complaint filed to quiet title in a disputed area of land, finding the couple seeking to quiet title failed to establish the control element of adverse possession.
Justices hear Simon defamation appeal
The Indiana Supreme Court on Wednesday heard arguments on whether Indianapolis billionaire Herb Simon may proceed with a defamation suit against a California attorney. The suit involves comments the lawyer made to an Indianapolis TV station regarding allegations that Simon and his wife employed illegal immigrants at their California home.
Court revises sentence based on plea agreement language
The Indiana Court of Appeals reduced a woman’s sentence for theft, forgery and check fraud after finding the trial court erred by imposing a sentence that violated the terms of her plea agreement.
Southern District judiciary comes together at ‘historic’ event to thank Lugar, Bayh
Judges and judicial officers from the U.S. District Court for Southern District of Indiana came together recently to honor Sen. Richard Lugar and former Sen. Evan Bayh for their service to the federal judiciary.
Justices affirm denial of claim arising after arbitration
A claim arising after a dispute between a company and its accountant was resolved through binding arbitration may not proceed, the Indiana Supreme Court ruled Tuesday.
Opinions Oct. 23, 2012 ILD
7th Circuit Court of Appeals
Planned Parenthood of Indiana, Inc., et al., v. Commissioner of the Indiana State Department of Health, et al.
11-2464
Civil. Reverses in part and affirms in part, affirming the district court injunction against I.C. 5-22-17-5.5(b) that bars state or federal funding for “any entity that performs abortions or maintains or operates a facility where abortions are performed.” The circuit court held that Medicaid grants individual rights under federal civil rights protections, but reversed the district court with regard to federal block grant funds, holding that no such actionable protection exists.
Indiana Court of Appeals
David A. Young v. Gladys C. Young (NFP)
34A04-1204-DR-222
Divorce. Reverses and remands a dissolution of marriage order with instructions to equally divide the marital estate not subject to a prenuptial agreement and reverses the order awarding incapacity maintenance with instructions to determine whether wife has ability to support herself absent an award.
Indiana Tax Court posted no opinions before IL deadline Tuesday.
Opinions Oct. 23, 2012
7th Circuit Court of Appeals
Planned Parenthood of Indiana, Inc., et al., v. Commissioner of the Indiana State Department of Health, et al.
11-2464
Civil. Reverses in part and affirms in part, affirming the district court injunction against I.C. 5-22-17-5.5(b) that bars state or federal funding for “any entity that performs abortions or maintains or operates a facility where abortions are performed.” The circuit court held that Medicaid grants individual rights under federal civil rights protections, but reversed the district court with regard to federal block grant funds, holding that no such actionable protection exists.
Term of imprisonment reduced by half after COA rules sentence does not fit the crime
A man who pleaded guilty to child molesting had his sentence halved by the Indiana Court of Appeals on the grounds that the sentence imposed by the trial court was an outlier.
COA: Judge’s late recusal not reversible error
An Adams Circuit Court judge who learned that he had previously represented a defendant on trial in his courtroom acted appropriately when he recused himself but denied a mistrial, the Indiana Court of Appeals ruled.
Court affirms judgments in pollution case, remands for determination of credit due
The Indiana Court of Appeals found no errors in a trial court’s ruling in a dispute over insurance coverage to clean up a pollution spill at a westside Indianapolis business, but it sent the case back to the trial court for a determination of credit due an insurer.
Justices grant transfer in 2 cases
The Indiana Supreme Court accepted two cases for the week ending Oct. 19, according to a transfer list released Monday.