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The Court of Appeals ruled on a case of first impression involving whether a licensed child care facility constitutes residential or commercial use of the owner’s residence. In Jeannie Lewis-Levett v. Richard D. Day and Martha A. Day, 50A03-0705-CV-199, Lewis-Levett appealed the trial court’s summary judgment ruling in favor of the Days. As owners and operators of Golfview Estates, the Days recorded covenants applicable to the lots there, which prevents buildings in the neighborhood being used for “any trade, business, manufacture or…

A driver of an ATV shouldn’t be prosecuted for driving under the influence on his own property because charges were brought under the wrong statute, the Indiana Court of Appeals ruled today.In State of Indiana v. Adam L. Manuwal, No. 50A05-0703-CR-182, the state charged Manuwal with OWI with an alcohol concentration equivalent of at least .15 after he had crashed an ATV he was operating on his own property. Manuwal was injured as a result of the accident and while at…

The Indiana Court of Appeals affirmed the dismissal of a breach-of-contract complaint filed by Vectren Energy and Citizens By-products Coal Co. against Executive Risk Specialty Insurance, finding the two companies never had standing to file the complaint because they are trying to fix alleged wrongdoings done to another company, rather than themselves.In Vectren Energy Marketing & Service, Inc., et al. v. Executive Risk Specialty Insurance Co., ProLiance Energy, LLC, et al., 82A05-0702-CV-115, Vectren and Citizens appealed the trial court’s order granting Executive…

The Indiana Supreme Court reduced a burglar’s sentence, finding his crime didn’t justify the 40-year sentence imposed by the trial court. At issue in Steven Hollin v. State of Indiana, No. 69S01-0705-CR-188, is whether the trial court properly sentenced Hollin for his conviction of conspiracy to commit burglary and being a habitual offender.Hollin and a friend knocked on doors in Ripley County to determine if residents were home. If the home appeared empty, they planned to rob the house. Hollin and…

Allen Circuit Court Judge Thomas J. Felts was elected president of the Indiana Judges Association earlier this month. Judge Felts, along with Chief Justice Randall T. Shepard, will serve as spokespersons for Indiana’s judges. Judge Felts’ goals for his term include continuing the association’s efforts to modify and upgrade the judicial pension and benefits by aligning the 1977 and 1985 judicial pension plans and including magistrates under the plan. Currently, magistrates receive benefits separately through the Public Employees Retirement Fund. Legislative…

The Court of Appeals ruled today Indiana’s restructured pay plan for nurses was rational and proper, reversing the judgment of the trial court. In Madison State Hospital, Indiana Family & Social Services Administration, and State Personnel Department V. Karen L. Ferguson, 09A04-0703-CV-259, the Court of Appeals reversed the trial court’s award of relief to Karen Ferguson. Ferguson, a Nurse Supervisor 5 at Madison State Hospital, and six other nurse supervisors, filed separate complaints with the State Employee Appeals Commission, arguing the 2000…

The Court of Appeals upheld a defendant’s convictions and sentence for multiple sexual offenses but reversed the trial court’s determination he is a sexually violent predator requiring lifetime registration, citing the statute that was in place during the time the crime happened should dictate the defendant’s predator status. In Anthony Thompson v. State of Indiana, 03A01-0610-CR-430, Thompson appealed his convictions and sentence of 63 years for sexual offenses against the victim, as well as his status as a lifetime sexually violent predator….

The Indiana Supreme Court today ruled on a case involving an attorney-client relationship, overturning the trial court’s grant of summary judgment in favor of the attorney. In Ronald D. Liggett, d/b/a Liggett Construction Company v. Dean A. and Elisabeth Young, No. 38S0-0703-CV-80, Liggett appealed the trial court ruling in a contract dispute with the Youngs. At the time the Youngs hired Liggett to build their home, Dean Young worked as attorney for Liggett on an unrelated matter. Liggett initiated a third-party complaint…

The Indiana Court of Appeals affirmed a trial court decision to deny a defendant’s motion to suppress his arrest and charges, ruling the defendant’s behavior justified the police officers to enter his home without a warrant. In William McDermott v. State of Indiana, No. 49A02-0609-CR-755, McDermott brought an interlocutory appeal of the trial court order denying his motion to suppress his arrest and charges stemming from that. McDermott argued the police officers who entered his home were not justified and did so without…