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Pyle: COA appointment an ‘awesome honor’

Gov. Mitch Daniels Tuesday appointed Madison Circuit Judge Rudolph Pyle III to the Indiana Court of Appeals, filling a vacancy left by Pyle’s mentor, Judge Carr Darden.

Governor appoints Rudolph Pyle to Court of Appeals

Gov. Mitch Daniels announced Tuesday morning that Madison Circuit Judge Rudolph Pyle III will fill the vacancy on the Indiana Court of Appeals left by Judge Carr Darden’s retirement in July.

Opinions Aug. 6, 2012 ILD

7th Circuit Court of Appeals issued no Indiana opinons prior to IL deadline.

Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.

Indiana Court of Appeals
Janet M. Wright v. State of Indiana (NFP)
11A04-1109-CR-506
Criminal. Affirms denial of Wright’s motion to suppress as to the marijuana found beside her house and the trial court’s deferring to rule on all evidence found inside the home and outbuildings due to insufficient evidence to address that matter. Remands for further proceedings.

Brian L. Millard v. State of Indiana (NFP)
87A01-1201-CR-18
Criminal. Affirms conviction of Class A misdemeanor criminal recklessness.

Preload, Inc. v. Hammond Water Works Department and Jeffrey Porter General Contractors, Inc. (NFP)
45A05-1201-PL-22
Civil plenary. Reverses the trial court order to the extent that the arbitration order says that Preload must be joined as a party in the arbitration between Jeffrey Porter and Hammond Water Works. Remands for further proceedings. Judge Mathias concurs in result.

Paul Edward McMinn v. Lisa Stephanie McMinn (NFP)
20A03-1106-DR-245
Domestic relation. Affirms in part the order which established that child H.McM. should continue his secondary education at a private, parochial high school. Remands for further proceedings.

 

Opinions Aug. 6, 2012

Indiana Court of Appeals
Donald Gregory Huls v. State of Indiana
64A04-1110-CR-552
Criminal. Affirms convictions of criminal recklessness, one as a Class D felony and one as a Class C felony. Affirms denial of motion for mistrial because the prosecutor’s isolated comment did not have a probable persuasive effect on the jury and did not place Huls in grave peril. His proposed jury instructions incorrectly stated the law on self-defense or the evidence did not support giving them.

Justices deny 1 case

The Indiana Supreme Court denied transfer last week to a civil case out of Owen County involving a quiet title action.

Dickson takes oath as chief justice

Indiana Chief Justice Brent Dickson formally took the oath of office Monday before more than 300 people in the atrium of the Indiana Statehouse.

Judges: Grant bank’s request for receiver

Because PNC Bank was able to show that the requisite provisions of Indiana Code 32-30-5-1 have been satisfied and it did not relinquish its right to the appointment of a receiver, the trial court order denying PNC’s request for appointment of a receiver was an error, the Indiana Court of Appeals concluded.

Court affirms convictions of man who shot at teenagers

A Porter County man who shot at four teenagers near his property at night because he claimed they were trying to break into his home is not entitled to a new trial, the Indiana Court of Appeals ruled.

Opinions Aug. 3, 2012 ILD

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Clair Wilson v. State of Indiana (NFP)
49A02-1110-CR-914
Criminal. Affirms four convictions of Class B felony sexual misconduct with a minor following a jury trial.

Michael Nance v. State of Indiana (NFP)
49A02-1112-CR-1144
Criminal. Affirms conviction of Class D felony theft following a jury trial.

Michael L. Gaebler v. Janice (Gaebler) Bankert-Countryman (NFP)
49A04-1111-DR-630
Domestic relation. Affirms dissolution court’s order modifying Gaebler’s child support obligation for his two minor children.
 

Opinions Aug. 3, 2012

7th Circuit Court of Appeals
BKCAP, LLC, GRAYCAP, LLC, AND SWCAP, LLC v. Captec Franchise Trust 2000-1
11-2928, 11-3378
U.S. District Court, Northern District of Indiana, South Bend Division. Magistrate Judge Roger B. Cosbey.
Civil. Affirms ruling in favor of the borrowers’ interpretation of the prepayment premium requirements in 12 loans involving restaurants and award of prejudgment interest to the borrowers. The borrowers’ position was supported by the evidence presented at trial, and the lender is not entitled to attorney fees.

Court rules for city, water company in suit over frozen hydrants

The Indiana Court of Appeals found that the city of Indianapolis and water company – which contracts with the city to operate the water utility – are entitled to common law immunity from a lawsuit brought by a restaurant and its insurers after a fire destroyed a Texas Roadhouse restaurant.

7th Circuit upholds ruling in favor of borrowers

A dispute between a lender and subsidiaries created by a restaurant owner to refinance its debt made its way before the 7th Circuit Court of Appeals for the second time. This time, the judges ruled in favor of the borrowers.

7th Circuit affirms ruling against fired employee

Carrier Corp. had an “honest suspicion” that one of its employees was abusing his leave under the Family Medical Leave Act, so the District Court was correct in granting summary judgment for Carrier in the fired employee’s lawsuit.

Bankruptcy filings down across country, Indiana

Bankruptcy filings are down 14 percent across the country for the 12-month period ending June 30, 2012, as compared to the year ending June 30, 2011, the Administrative Office of the United States Courts reported Friday. Filings are down by at least 13 percent in Indiana courts.

Zoeller: Most claimants agree to State Fair settlement

More than 80 percent of victims who sued after the State Fair stage collapse last year say they want to participate in the $13.2 million public-private settlement negotiated between the Indiana attorney general’s office and two defendant companies, the AG’s office said Thursday.

Opinions Aug. 2, 2012 ILD

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

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
David S. Healey v. State of Indiana (NFP)
02A03-1107-PC-356
Post conviction. Affirms denial of petition for post-conviction relief and petition for summary disposition.
.
Kent W. Carter v. State of Indiana (NFP)
02A03-1203-CR-108
Criminal. Affirms sentence for Class D felony failure to return to lawful detention.

Joseph A. Taylor v. Alan P. Finnan (NFP)
22A04-1204-MI-197
Miscellaneous. Affirms summary denial of successive petition for post-conviction relief.

Aaron M. Spicer v. State of Indiana (NFP)
89A04-1111-CR-601
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Evergreen Shipping Agency Corp. v. Djuric Trucking, Inc. (NFP)
45A03-1112-CC-575
Civil collection. Affirms summary judgment for Djuric Trucking on Evergreen Shipping’s complaint on account for charges allegedly owed under a contract between them.

 

Opinions Aug. 2, 2012

Indiana Court of Appeals
N.B. v. State of Indiana
55A01-1111-JV-574
Juvenile. Affirms determination that N.B. committed the delinquent act of reckless homicide, a Class C felony if committed by an adult. N.B. contended that the juvenile court abused its discretion in admitting his statement to the investigating officer at the evidentiary hearing. Finds the procedural safeguards set forth in the juvenile waiver statute were met.

ACLU of Indiana selects new leader

Former Indianapolis Deputy Mayor Jane Henegar has been named executive director of the American Civil Liberties Union of Indiana. She begins work immediately and will join the organization full time Sept. 4.

Judges uphold 11-year-old’s reckless homicide adjudication

The Indiana Court of Appeals affirmed a Morgan County boy’s adjudication for shooting his younger brother while the two were home alone. The 11-year-old claimed that the juvenile court abused its discretion in admitting his statement to the investigating officer at the evidentiary hearing.