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Judges order habitual offender enhancement vacated

A post-conviction court erred when it denied a defendant’s request for post-conviction relief to vacate a habitual offender enhancement, finding a case decided after the man’s direct appeal applies retroactively.

Opinions Oct. 17, 2012 ILD

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

Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Rel. of: A.R., V.R., C.R., and K.B.; and T.B. and C.R. v. The Indiana Dept. of Child Services and Lake County Court Appointed Special Advocates (NFP)
45A03-1201-JT-38
Juvenile. Affirms termination of parental rights.

In the Matter of the Term. of the Parent-Child Rel. of T.H.M.; T.H. and A.M. v. Indiana Dept. of Child Services (NFP)
02A03-1202-JT-61
Juvenile. Affirms termination of parental rights.

George Powells v. State of Indiana (NFP)
49A02-1204-CR-255
Criminal. Affirms conviction and sentence for Class C felony battery.

Curt Lowder v. State of Indiana (NFP)
49A04-1204-CR-160
Criminal. Affirms conviction and sentence for murder.

Mark Phillips v. State of Indiana (NFP)
71A03-1201-CR-35
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

Norman Barker v. State of Indiana (NFP)
49A02-1201-CR-20
Criminal. Affirms convictions and sentence for murder, felony murder, Class A felonies robbery and conspiracy to commit robbery, and Class A misdemeanor carrying a handgun without a license.

Indiana Tax Court posted no opinions by IL deadline.
 

Opinions Oct. 17, 2012

Indiana Supreme Court
J.M. v. Review Board of the Indiana Dept. of Workforce Development and T.C.
Agency appeal. Finds the court may rely on a different statutory ground of a just cause finding than the one relied upon by the review board when, as here, the review board’s findings of fact clearly establish the alternate subsection’s applicability. Affirms the review board under Indiana Code section 22-4-15-1(d)(5), that J.M. refused to obey instructions, and was thus fired for just cause. Affirms denial of unemployment benefits.

10 schools to schedule girls’ basketball on Friday, Saturday nights

By the 2016-2017 school year, boys’ and girls’ varsity basketball games at one high school will be equally scheduled on Friday and Saturday nights, according to a consent decree entered Monday in federal court. The agreement comes after a lawsuit challenged that girls’ games are typically scheduled on school nights or other non-preferred times.

Justices uphold denial of benefits for fired employee

Indiana Justice Steven David authored a unanimous opinion Wednesday in which the court held “when the facts of a case support more than one statutory ground for discharge, we are not confined to narrowly review the [Indiana Department of Workforce Development] Review Board’s decision when the facts point to the Review Board’s ultimately correct conclusion.”

Statute granting DCS immunity applies to nearly all of family’s claims

A case involving the Department of Child Services before the Indiana Court of Appeals Wednesday provided the court with two issues of first impression – the interpretation of a statute relating to the agency, and the liberty interests that may reside with extended family members involved in the lawsuit.

COA affirms $55k judgment for couple who purchased wind turbine

The Indiana Court of Appeals found that a St. Joseph Superior judge applied the correct legal standard in determining that a company breached a contract with a couple that purchased a wind turbine that failed to live up to the company’s claims.

Pyle takes oath at robing ceremony

Indiana’s newest Court of Appeals judge also holds the distinction of being the only official appointed twice by Gov. Mitch Daniels.

Opinions Oct. 16, 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
Juan Manuel Correa, Jr. v. State of Indiana (NFP)
79A02-1202-CR-105
Criminal. Affirms sentence imposed following guilty plea to Class B felony burglary and Class C felony intimidation.

Term. of the Parent-Child Rel. of A.U., minor child, and S.U., the mother; S.U. v. Indiana Dept. of Child Services (NFP)
02A05-1201-JT-13
Juvenile. Affirms involuntary termination of parental rights.
 

Opinions Oct. 16, 2012

Indiana Court of Appeals
Charles Mitchell v. State of Indiana
49A02-1202-CR-125
Criminal. Affirms conviction and sentence for Class D felony theft. The evidence is sufficient to show Mitchell and the other defendants knowingly exerted unauthorized control over the apartment complex’s water heater with the intent to deprive the apartments of any part of its value or use. The advisory sentence imposed, with all but 60 days suspended to probation, was not inappropriate.

Court upholds conviction for theft of water heater

The Indiana Court of Appeals dismissed a man’s argument that he didn’t know he couldn’t take a water heater from an Indianapolis apartment complex to scrap, finding that the evidence supports his theft conviction.

Justices rescind order amending administrative rules, issue new one

The Indiana Supreme Court has rescinded the Sept. 7 order that set out amendments to Indiana Administrative Rules 5, 7, 8, 9 and 10, and the justices have issued in its place a new order. The changes include the use of senior judges, records that need to be microfilmed, and what court records are excluded from public access.

Lecture to look at SCOTUS ethics

The Tabor Institute on Legal Ethics topic this year at Valparaiso University Law School is United States Supreme Court ethics in the wake of NFIB v. Seblius.

ISBA members approve of appellate judges up for retention

The Indiana State Bar Association has released results of its 2012 Judicial Retention Poll. None of the six appellate judges up for retention in the Indiana Supreme Court or Court of Appeals received less than 81 percent of “yes” votes.

Opinions Oct. 15, 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
Ted L. Cecil, Cecil Septic LLC, and Max Haas Company, LLC v. Fisk Excavating, Plumbing and Septic Services, Inc., Dennis Fisk, Dennis Fisk, Jr.,Michelle Fisk, Bob Murphy, et al. (NFP)
33A05-1112-MI-686
Miscellaneous. Affirms summary judgment in favor of Fisk Excavating and other defendants on the plaintiffs’ legal malpractice claim. Remands for determination of Gregg Morelock’s appellate attorney fees.

Sally Applegate-Rodeman and Leslie M. Rodeman v. JDK, LLC d/b/a Livrite Fitness Center, d/b/a Northeast Fitness, Threstrands by Grace, LLC d/b/a Livrite Fitness Center, d/b/a Northeast Fitness (NFP)
49A02-1110-PL-950
Civil plenary. Dismisses the Rodemans’ appeal of summary judgment in favor of Livrite on a negligence claim.