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Opinions Sept. 6, 2012 ILD

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

Indiana Court of Appeals
Deon Liggans v. State of Indiana (NFP)
49A04-1111-CR-616
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Arlandas A. Anderson v. State of Indiana (NFP)
92A05-1202-CR-72
Criminal. Affirms sentence for Class C felony nonsupport of a dependent child.

Maury Dusendschon v. Review Board of the Indiana Dept. of Workforce Development and TALX UC Express (NFP)
93A02-1104-EX-525
Agency action. Affirms denial of request for unemployment insurance benefits.

Timothy L. Barnes v. State of Indiana (NFP)
10A01-1201-CR-27
Criminal. Affirms sentence for Class B felony rape.

Reginold Knox v. State of Indiana (NFP)
35A05-1201-CR-32
Criminal. Affirms sentence for Class D felony possession of marijuana.

Tami L. Duvall v. State of Indiana (NFP)
03A04-1108-CR-447
Criminal. Affirms murder conviction, but reverses and remands with instructions to vacate five of her six convictions of insurance fraud as Class C felonies and two of her three convictions of Class D felony obstruction of justice.

 

Opinions Sept. 6, 2012

7th Circuit Court of Appeals
Home Federal Savings Bank v. Ticor Title Insurance Co.
11-3446
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Reverses summary judgment for Ticor Title Insurance on Home Federal Savings Bank’s attempt to have the title insurance company defend the bank on a counterclaim filed by a general contractor to recover on a mechanic’s lien. The undisputed facts show that the title insurer breached its duty to defend the bank on the claim that the mechanic’s lien had priority over or parity with the mortgage, which the bank was foreclosing. Remands for proceedings on the issue of damages.

Title insurer had duty to defend

The 7th Circuit Court of Appeals found that Ticor Title Insurance Co. breached its duty to defend Home Federal Savings Bank on a counterclaim brought by a general contractor on the failed ethanol plant in Cloverdale.

Court correctly ruled toxicology department audit results ‘irrelevant’

The Hamilton Superior Court properly denied a defendant’s attempt to elicit testimony concerning the reliability of toxicology test results from the Indiana Department of Toxicology dealing with an audit of tests performed by the department from 2007 to 2009, the Indiana Court of Appeals held Thursday.

Judges order new trial based on prosecutor’s comments

Comments made by a prosecutor during a Harrison County man’s trial for charges stemming from a break-in at a convenience store improperly suggested that the man chose not to testify so he would not incriminate himself, the Indiana Court of Appeals ruled.

St. Joe Bar Association to present diversity summit

The Diversity Committee of the St. Joseph County Bar Association is hosting a presentation on diversity in the legal profession Sept. 24, which will include former Indiana Justice Frank Sullivan Jr. discussing inclusion among the judiciary and the selection of judges.

Practicing Law in Indiana: Immigration Sept. 14

Indiana Lawyer is sponsoring immigration CLE event titled “Immigration Issues Relevant to Global Human Resources Mobility: What In-House Counsel Needs to Know” on September 14 in Indianapolis. The chair and moderator is Mariana Richmond, partner at Barnes & Thornburg LLP. Other featured speakers include Marco Moreno, of counsel at Barnes & Thornburg and Jeff Papa, chief of staff and chief legal counsel of the Indiana Senate. Presentations will include an update on the status of the Indiana immigration law; I-9 mandatory employer compliance; and current employment-based immigration issues from an employer's perspective.

Registration begins at 11:30 a.m. and the program runs from noon to 2:15 p.m. at Barnes & Thornburg, 5th Floor Conference Center, 11 S. Meridian St., Indianapolis. The cost is $79 and includes a box lunch. Two hours of CLE credit is available. Visit Indiana Lawyer 's events page www.theindianalawyer.com/events to register online or to download a printable registration form. For questions or more information, contact Karen Aruta at 317-472-5201 or [email protected].
 

Opinions Sept. 5, 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
William LaShun Caples v. State of Indiana (NFP)
45A04-1202-CR-69
Criminal. Affirms denial of Caples’ motion to set aside jury verdict convicting him of three counts of Class A felony child molesting.

Charles Blakemore v. State of Indiana (NFP)
49A02-1201-CR-77
Criminal. Affirms denial of motion to correct erroneous sentence.

Najee S. Blackman v. State of Indiana (NFP)
34A02-1203-CR-335
Criminal. Affirms denial of motion to correct erroneous sentence.

Estate of Lewis G. Mark, Deceased, and Evelyn J. Mark v. 1st Source Bank (NFP)
71A03-1203-MF-143
Mortgage foreclosure. Affirms summary judgment for 1st Source as to its foreclosure complaint.

In the Matter of Term. of the Parent-Child Rel. of: D.H., C.H., & A.H.; and D.M. v. The Indiana Dept. of Child Services (NFP)
54A05-1202-JT-56
Juvenile termination of rights. Affirms involuntary termination of parental rights.

In the Matter of the Term. of the Parent-Child Rel. of: Z.B., G.B., K.B., & S.B.; and T.S. v. Indiana Dept. of Child Services (NFP)
64A03-1201-JT-31
Juvenile termination of rights. Affirms termination of parental rights.
 

Opinions Sept. 5, 2012

Indiana Court of Appeals
Cody B. Honeycutt v. State of Indiana
92A04-1203-CR-149
Criminal. Reverses denial of motion to dismiss charges on grounds that they were barred by the Successive Prosecution Statute. Because the four charges were supported by probable cause and based on a series of acts so connected that they constituted parts of a single scheme or plan, they should have been charged in a single prosecution.

Judges affirm jury instruction was not permitted under Barnes

The Howard Superior Court was correct in refusing a defendant’s instruction that provided a defense to his resisting arrest charges. The 2011 Supreme Court ruling in Barnes v. State did not permit his proposed instruction, the Indiana Court of Appeals held.

Man’s additional charges should have been dismissed

The Whitley Superior Court should have granted a defendant’s motion to dismiss two operating while intoxicated charges because the charges came after he pleaded guilty to two other charges relating to the same initial traffic stop.

Indiana justices accept 4 cases, deny 27

The Indiana Supreme Court will decide the defamation case filed by Herbert and Bui Simon against a California attorney. The justices will also decide whether a woman’s lawsuit for unpaid wages should have been brought before the Indiana Department of Labor before she filed her action.

Opinions Sept. 4, 2012 ILD

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

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

Indiana Court of Appeals
Dennis J. Rodenberg v. State of Indiana (NFP)
82A01-1201-CR-10
Criminal. Affirms conviction of Class B felony rape.

Damon T. Payne, Sr. v. State of Indiana (NFP)
02A04-1204-CR-190
Criminal. Affirms sentence imposed for three counts of Class D felony theft.

Charles B. Dietzen v. State of Indiana (NFP)
29A02-1112-CR-1104
Criminal. Affirms order reinstating suspended sentence.

Victoria Yates v. State of Indiana (NFP)
49A02-1202-CR-126
Criminal. Affirms conviction of Class A misdemeanor battery.

Olympia Shellman v. State of Indiana (NFP)
02A04-1201-CR-34
Criminal. Affirms denial of motion to withdraw guilty plea.

James W. Manhart v. State of Indiana (NFP)
16A04-1203-CR-131
Criminal. Affirms denial of petition to convert convictions from Class D felonies resisting law enforcement and operating a vehicle while intoxicated to Class A misdemeanors.

Artrece D. Patterson v. State of Indiana (NFP)
48A05-1112-CR-693
Criminal. Affirms finding of violation and revocation of probation.

Noble Potter v. State of Indiana (NFP)
10A01-1112-CR-619
Criminal. Affirms sentence for Class B felony residential burglary and being a habitual offender.
 

Opinions Sept. 4, 2012

Indiana Court of Appeals
Nathan S. Berkman v. State of Indiana
45A04-1111-CR-583
Criminal. Affirms conviction of and sentence for murder. The trial court did not abuse its discretion in declaring a witness unavailable or in admitting the deposition testimony of another unavailable witness. Berkman’s sentence is not inappropriate as he had argued.

Previous testimony allowed in murder trial

A witness’s testimony from a man’s murder trial and the deposition testimony of another unavailable witness were correctly allowed at the man’s second murder trial, the Indiana Court of Appeals held Tuesday.

Judge: More small claims reforms pursued

More reforms that could address “forum shopping” in Marion County Small Claims courts will be undertaken this month, the judge presiding over a review of township court operations said.

COA orders judge grant motion for bail bond reduction

Even though the severity of the 13 charges against a Knox County man for his role in several home invasions supports setting his bond at $25,000 cash only, the Indiana Court of Appeals concluded that the trial court should have allowed him to post a percentage of that to bond out.