Appeals court finalists list formally sent to Daniels
The names of three finalists for a judgeship on the Indiana Court of Appeals have been sent to Indiana Gov. Mitch Daniels for his review and selection.
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Opinions June 11, 2012 ILD
Indiana Supreme Court and Indiana Tax Court had issued no opinions by IL deadline.
7th Circuit Court of Appeals
IP of A West 86th Street 1, LLC, et al., v. Morgan Stanley Worldwide Capital Holdings, LLC
11-2891
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s summary judgment in favor of Morgan Stanley, holding that the company was entitled to structure the sale of a loan as it wished and that the company did not err in allowing a purchaser to use escrow funds to finance the sale.
Indiana Court of Appeals
Michael L. Criss v. State of Indiana (NFP)
84A05-1111-CR-632
Criminal. Affirms order revoking community corrections placement and committing Criss to the Indiana Department of Correction for a Class C felony battery conviction.
Ron Weathers v. Jessica Turley (NFP)
45A03-1109-CT-405
Civil tort. Reverses jury’s award of $86,250 in damages to Turley, holding that a list she provided the court showing losses contained no factual information and included items of no real monetary value. Remands for the court to award damages of $3,000.
Sucharita Ananthaneni v. Access Therapies, Inc. (NFP)
49A02-1109-PL-902
Civil plenary. Dismisses appeal of order denying motion to reconsider the refusal to set aside a default judgment entered in favor of Access Therapies, holding the appeal was not timely filed.
Steven G. Fraley v. State of Indiana (NFP)
76A03-1112-CR-565
Criminal. Affirms trial court’s order revoking probation.
Karen D. McGuinness v. Michael F. McGuinness (NFP)
49A02-1110-DR-937
Domestic relation. Reverses trial court’s decision setting aside the decree of dissolution of marriage and property settlement agreement, holding that the court erred in concluding the husband had entered into the agreement and signed other documents under duress because it failed to address the husband’s petition alleging fraud. Remands for further proceedings.
In the Matter of the Term. of the Parent-Child Rel. of: C.K. and R.K. v. Indiana Dept. of Child Services (NFP)
20A04-1110-JT-534
Juvenile. Affirms termination of father’s parental rights.
Opinions June 11, 2012
7th Circuit Court of Appeals
IP of A West 86th Street 1, LLC, et al., v. Morgan Stanley Worldwide Capital Holdings, LLC
11-2891
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s summary judgment in favor of Morgan Stanley, holding that the company was entitled to structure the sale of a loan as it wished and that the company did not err in allowing a purchaser to use escrow funds to finance the sale.
Man’s murder sentence upheld in abduction slaying
A man convicted of murder in Allen County will continue to serve a 65-year sentence after the Indiana Court of Appeals ruled that the callousness of the crime merited the consideration of numerous aggravators.
Drug dealing, possession convictions upheld again
The Indiana Court of Appeals upheld on rehearing a Clark County man’s convictions of drug dealing and possession, among other charges.
7th Circuit affirms District Court in mortgage dispute
The 7th Circuit Court of Appeals held that financier Morgan Stanley acted lawfully when selling a loan to another party.
COA: Sex offender registration statute not unconstitutional
The Indiana Court of Appeals held that a man who was convicted of violating requirements of the Indiana sex offender registry statute failed to show evidence of ex post facto law.
Attempted murder sentence upheld in Martinsville school shooting
A Martinsville teen who as an eighth-grader shot and seriously wounded a classmate will continue to serve a 35-year sentence with five years suspended for his attempted murder conviction as an adult.
Indiana attorney to compete in national cycling race
Briana Clark, an attorney with Bingham Greenebaum Doll, is one of seven women chosen to race for the Nature Valley Grand Prix amateur cycling team.
Appeals court affirms attempted rape conviction
A man who tried to sexually assault a female co-worker as she slept in her home where he was a guest lost his appeal of an attempted rape conviction Friday.
Opinions June 8, 2012 ILD
Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline.
Indiana Court of Appeals
Kent A. Easley v. State of Indiana, Shelby County Prosecutor's Office, R. Kent Apsley, J. Brad Landwerlen, Shelby Co. Probation Dept., Deanna Holder, Shelby Co. Superior Ct One Clerk, et al. (NFP)
49A02-1109-CT-975
Civil tort. Affirms trial court’s order dismissing Easley’s motion for default judgment.
William A. Wiley v. State of Indiana (NFP)
48A02-1111-CR-1072
Criminal. Affirms sentence for Class B felony robbery, Class A misdemeanor criminal conversion and Class A misdemeanor battery.
Michael Kucholick v. State of Indiana (NFP)
12A02-1109-CR-907
Criminal. Affirms convictions of Class C felony criminal recklessness and Class B misdemeanor criminal mischief but reduces sentence to advisory standard of four years, with two years suspended to probation and two years to be executed in community corrections. Judge Edward Najam concurred in part and dissented in part.
Blake Clunie v. State of Indiana (NFP)
31A01-1109-PC-458
Post conviction. Affirms trial court’s denial of motion to correct error in Clunie’s erroneous filing of his petition for post-conviction relief, which was filed under the original cause number instead of the post-conviction cause number.
Opinions June 8, 2012
7th Circuit Court of Appeals
Kenneth Harper v. C.R. England, Incorporated
11-2975
U. S. District Court, Northern District of Indiana, Hammond Division, Magistrate Judge Paul R. Cherry.
Civil. Affirms District Court’s determination that Harper failed to set forth a prima facie case, under either the direct or indirect method of proof, to support his claim that C.R. England had retaliated against him for reporting what he believed to be unlawful racial discrimination. Holds that his record shows excessive absences were the cause for his termination.
COA reverses in favor of FSSA in provider payment dispute
The Indiana Court of Appeals held that a trial court erred in ruling in favor of health care providers regarding payments from the state’s Residential Care Assistance Program.
Daughter’s emancipation upheld; COA advises on forthcoming child-support changes
A 20-year-old woman will remain emancipated from her divorced parents after the Indiana Court Appeals on Friday upheld a Howard Circuit Court order.
7th Circuit affirms court in retaliation claim
A man who claimed he was wrongfully terminated in retaliation for claiming racial discrimination at his workplace was fired for just cause, the 7th Circuit Court of Appeals ruled.
Opinions June 7, 2012 ILD opinions
7th Circuit Court of Appeals had posted no Indiana opinions by IL deadline.
Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline.
Indiana Court of Appeals
In the Matter of the Civil Commitment of: T.K. v. Community Hospital North (NFP)
49A02-1111-MH-1003
Mental health. Dismisses as moot T.K.’s appeal of involuntary commitment order, as the term of commitment has already expired.
Opinions June 7, 2012
Indiana Court of Appeals
A.R.M. v. State of Indiana
71A05-1111-JV-613
Juvenile. Affirms juvenile court’s adjudication of A.R.M. as a delinquent child for committing child molesting, as a Class C felony when committed by an adult, and battery, as a Class B misdemeanor when committed by an adult. Holds that the court did not err in admitting the child victim’s videotaped testimony.
COA: Indiana hog farmer’s suit against N.C. operation to proceed
A North Carolina commercial hog operation must face an Indiana farmer’s claims of nuisance, negligence and trespass after an intentionally introduced, highly contagious virus infected his neighboring herd, causing damages in excess of $275,000.
Appeals court affirms admission of victim video in molestation trial
St. Joseph Probate Court did not err when it allowed videotaped evidence of a child molesting victim to be presented at the fact-finding hearing of a minor who subsequently was placed at the Indiana Boys School.
Legal aid provider closes
On June 6, the Community Organizations Legal Assistance Project Inc., doing business as the Community Development Law Center, announced that it had ceased operations on April 4.