Rush to join Supreme Court Nov. 7
Indiana’s newest justice Loretta Rush will have a private swearing in ceremony Nov. 7. Her public ceremony will be held Dec. 28. Rush is just the second woman to serve on the state Supreme Court.
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Justices suspend attorney for 3 years
Three Indiana justices have decided that a Boone County attorney should be suspended for at least three years because his repeated misconduct has “injured his clients” and “tarnished the reputation of the legal profession.”
Woman did not exhaust administrative remedies before suing
The Indiana Court of Appeals agreed with a Marion Superior judge that the courts do not have jurisdiction over a woman’s lawsuit concerning the disconnection of her water because the woman did not exhaust all her available administrative remedies before suing.
PCF may not present evidence to dispute injury
The Indiana Supreme Court ruled Wednesday that in a case involving a boy diagnosed with a mild form of cerebral palsy, the Indiana Patient’s Compensation Fund may not present evidence to dispute the existence or cause of the boy’s injury while defending his petition for excess damages from the fund.
Indianapolis accounting firm settles with Fair Finance trustee
Somerset CPAs P.C. will pay $500,000 to settle litigation brought by the bankruptcy trustee of Fair Finance Co., the Ohio-based firm convicted financier Tim Durham used to conduct a major Ponzi scheme.
Opinions Oct. 31, 2012 ILD
The following not-for-publication opinions were posted by IL deadline. For-publication decisions are detailed in the opinion stories above.
Indiana Court of Appeals
Gaude L. Hughes v. State of Indiana (NFP)
49A05-1203-CR-132
Criminal. Affirms conviction of Class A felony voluntary manslaughter.
Billy Fox, Jr. v. Rogers Building Ventures, et al. (NFP)
53A05-1203-CP-160
Civil plenary. Affirms denial of objection to personal jurisdiction and the motion to set aside judgment.
Joshua D. Hughes v. State of Indiana (NFP)
02A03-1112-PC-591
Post conviction. Affirms denial of Ind. Trial Rule 72(E) request for an extension of time within which to appeal the denial of petition for post-conviction relief.
C.L. v. State of Indiana (NFP)
27A02-1203-JV-232
Juvenile. Affirms adjudication as delinquent for would be Class C felony battery if committed by an adult.
Term. of the Parent-Child Rel. of D.C.: L.B. (father) v. The Indiana Dept. of Child Services (NFP)
82A01-1203-JT-114
Juvenile. Affirms involuntary termination of parental rights.
Troy and Mary Hill v. Beta Steel Corporation (NFP)
93A02-1203-EX-215
Agency appeal. Affirms denial of death benefits.
In the Matter of the Term. of the Parent-Child Rel. of A.A.M., and B.J. v. Indiana Dept. of Child Services (NFP)
02A03-1201-JT-42
Juvenile. Affirms involuntary termination of parental rights.
Lukuman Aderbigbe v. State of Indiana (NFP)
49A04-1203-PC-219
Post conviction. Affirms denial of petition for post-conviction relief.
Kenneth W. Gilland v. State of Indiana (NFP)
32A01-1203-CR-143
Criminal. Reverses order that Gilland pay more than $20,000 in restitution. Because Gilland agreed to pay nearly $10,000 in restitution in a plea agreement, he may not challenge the portion that relates to the loss in value of a motorcycle on appeal. Remands with instructions to reduce the restitution order to $9,949.62.
James R. Ferguson v. State of Indiana (NFP)
48A02-1110-CR-968
Criminal. Affirms conviction of Class C felony sexual misconduct with a minor.
Gregory J. Schnelker v. Indiana Department of Insurance Patient's Compensation Authority (NFP)
49A02-1201-CT-33
Civil tort. Affirms order which declined to award Schnelker damages for loss of wages and capacity and for increased risk of future harm.
Timothy A. Stevens v. State of Indiana (NFP)
64A03-1111-PC-525
Post conviction. Affirms denial of petition for post-conviction relief.
Steven Hook, Sr. v. State of Indiana (NFP)
71A04-1204-CR-203
Criminal. Affirms conviction of Class C felony battery with a deadly weapon.
Mark Williams v. State of Indiana (NFP)
49A04-1201-CR-4
Criminal. Grants rehearing and affirms original opinion in all respects, which affirmed the order Williams serve his entire sentence that was suspended at the time of initial sentencing.
Frederic Williams v. State of Indiana (NFP)
49A05-1110-PC-621
Post conviction. Affirms denial of petition for post-conviction relief.
Term. of the Parent-Child Rel. of J.D.: W.H. v. Indiana Dept. of Child Services (NFP)
79A02-1203-JT-201
Juvenile. Affirms termination of parental rights.
Opinions Oct. 31, 2012
Indiana Court of Appeals
Robertson Fowler v. State of Indiana
49A05-1202-PC-68
Post conviction. Affirms denial of petition for post-conviction relief. Fowler received a benefit at the time he entered into his plea bargain, so he may not now challenge the sentence as illegal.
Police had reasonable suspicion to stop men, search bag
The Indiana Court of Appeals disagreed with an appellant who claimed police did not have reasonable suspicion to believe he and two other men were involved in criminal activity, which led to their stop and his eventual conviction of Class A felony attempted dealing in methamphetamine.
Man can’t challenge sentence as illegal
Because a defendant entered into a beneficial plea agreement, the Indiana Court of Appeals denied his request for post-conviction relief. The man argued that a Supreme Court decision handed down while he was appealing should require that his sentence be reduced.
Court affirms man’s sentence for murdering wife
A Lawrence County man was unable to convince the Indiana Court of Appeals that his 65-year sentence for the murder of his wife in 2009 should be reduced to the advisory sentence of 55 years.
Indianapolis attorney appointed to bankruptcy court
Faegre Baker Daniels LLP partner James M. Carr has been appointed to a 14-year term as U.S. Bankruptcy Judge in the U.S. District Court for the Southern District of Indiana. Carr joins the bench Jan. 1.
Justices vacate transfer in business dispute
After hearing arguments Oct. 24 in a dispute between former shareholders of a company and the new owners over what assets the new owners should receive, the Indiana Supreme Court decided that the Court of Appeals decision should stand.
Common carrier entitled to more tax exemptions
A Wabash-based company that relocates oversized factory machinery won a partial victory in the Indiana Tax Court Tuesday. Judge Martha Wentworth ordered the Indiana State Department of Revenue to reassess the company’s tax obligations after finding some property should be considered exempt.
Opinions Oct. 30, 2012 ILD
The following are not-for-publication decisions released by IL deadline. For publication opinions are detailed in the opinion stories above.
Indiana Court of Appeals
Kevin Reaves v. State of Indiana (NFP)
49A02-1202-CR-131
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.
In the Matter of the Revocable Trust of Mary Ruth Moeder (NFP)
49A02-1205-TR-377
Trust. Affirms order modifying the trust agreement.
Thomas R. Clements v. State of Indiana (NFP)
20A03-1204-CR-161
Criminal. Affirms denial of verified petition for permission to file a belated notice of appeal.
State of Indiana v. Christopher Holloway (NFP)
49A02-1203-CR-240
Criminal. Reverses revision of Holloway’s sentence and remands with instructions to reinstate the original sentence.
Demetriese Gunn v. State of Indiana (NFP)
49A02-1202-CR-152
Criminal. Affirms convictions of Class C felony neglect of a dependent and Class D felony strangulation.
Opinions Oct. 30, 2012
Indiana Supreme Court
Lisa J. Kane v. State of Indiana
30S04-1206-CR-372
Criminal. Reverses conviction of Class D felony receiving stolen property and remands for retrial. The trial court improperly instructed the jury on the mental state required to convict Kane.
Justices order retrial due to deficient jury instruction
The Indiana Supreme Court found that a final jury instruction in a woman’s trial for receiving stolen property did not correctly state the law, and it remanded for a new trial.
Court splits over whether approval of entire contract must be voided
Chief Judge Margret Robb dissented from her colleagues on the Court of Appeals Tuesday as to whether approval of a contract for the purchase and sale of substitute natural gas must be voided in its entirety because the contract definition of “retail end use customer” differs from the statutory definition.
Judges focus on juvenile due process in Gingerich murder conspiracy appeal
Court of Appeals judges on Tuesday focused their questions on whether a 12-year-old waived to adult court in a 2010 murder had due process when his attorneys had just five days to prepare for a waiver hearing in juvenile court in Kosciusko County.
Agency erred in adjusting experience account rates after merger
The Indiana Court of Appeals has ordered the Department of Workforce Development to reinstate the original contribution rates for unemployment insurance experience accounts of a parent company and its subsidiaries. The DWD should not have combined the accounts and adjusted the rates following a merger.
COA affirms $550,000 med mal verdict; denies appellate attorney fees
A Lake Superior judge did not err when he allowed a witness to testify on behalf of the party bringing a medical malpractice complaint against a doctor nor in excluding the testimony of the doctor’s expert witness due to untimely disclosure, the Indiana Court of Appeals held Tuesday.