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Opinions Nov. 26, 2014 ILD

November 26, 2014

Indiana Court of Appeals
Harris Auto Reconditioning Services, Inc. v. Christopher Shoemaker (NFP)
29A04-1312-PL-644
Civil plenary. Affirms dismissal with prejudice.

In the Matter of the Termination of the Parent-Child Relationship of: A.B. (Minor Child) (NFP)
20A03-1402-JT-72
Juvenile. Affirms termination of parental rights.

Terrance Lassere v. State of Indiana (NFP)
49A05-1405-CR-212
Criminal. Affirms conviction of Class D felony domestic battery.

Brian S. Habbinga v. State of Indiana (NFP)
79A02-1404-CR-281
Criminal. Affirms sentence and conviction of Class C felony operating a motor vehicle while privileges are forfeited for life, Class D felony operating a vehicle while intoxicated and Class A misdemeanor operating while intoxicated. Remands to correct the sentencing order to reflect two years of a 12-year sentence suspended to probation.

Jordan Rivera v. State of Indiana (NFP)
73A01-1404-CR-156
Criminal. Affirms sentence imposed after violation of probation.

Zaeem Mahmood v. State of Indiana (NFP)
79A02-1402-CR-96
Criminal. Affirms 60-day executed sentence, with the balance of four years suspended, for Class C felony failure to stop after an accident resulting in death.

Sukhjinder Singh v. State of Indiana (NFP)
47A05-1404-PC-168
Post conviction. Affirms denial of post-conviction relief.

Aaron Rogers v. Tiffany Stevenson (NFP)
54A01-1401-JP-30
Juvenile. Affirms order modifying Rogers’ parenting time and awarding sole custody to Stevenson.

Scott Williams and Geoffrey Bond v. April Boomer (NFP)
55A05-1404-SC-186
Small claim. Reverses entry of summary judgment in favor of Boomer.

Edgar N. Singleton v. State of Indiana (NFP)
45A05-1404-CR-172
Criminal. Affirms conviction of murder.

Taylor Cannady v. State of Indiana (NFP)
49A04-1402-CR-81
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.

Harris Auto Reconditioning Services Inc. v. Brian Wolfe (NFP)
29A02-1312-PL-1085
Civil plenary. Affirms dismissal of Harris’ claims.

Gary R. Manning v. State of Indiana (NFP)
10A05-1312-CR-644
Criminal. Affirms conviction of Class D felony theft.

Opinions Nov. 26, 2014

November 26, 2014

Indiana Court of Appeals
Crystal Valley Sales Inc., Charles Kline, and Nancy Kline v. Jonathan Anderson, National Sales Company Inc., Rodger Anderson, Camco Manufacturing, and Norm Geible
20A04-1402-PL-83
Civil Plenary. Affirmed trial court’s dismissal of civil conspiracy claims against National Sales Company Inc., Rodger Anderson, Camco Manufacturing Inc. and Norm Geible for failure to state a claim upon which relief can be granted. Finds Crystal Valley did not provide sufficient facts to show that the co-defendants engaged in unlawful actions. Rejects Crystal Valley’s argument that its civil conspiracy count is sufficient by itself to claim the co-defendants helped Jonathan breach his contractual or fiduciary duties.

Allegation of conspiracy not enough to support civil conspiracy claim

November 26, 2014

A parts supplier failed to convince the Indiana Court of Appeals that a civil conspiracy claim against several co-defendants named in a breach of contract dispute can stand without showing every alleged conspirator committed an underlying unlawful act.

Appeals panel offers direction to abusive pro se litigant

November 26, 2014

The Indiana Court of Appeals has heard about enough from pro se litigant Eddie G. Love.

Man convicted of brutal beating loses appeal despite errors

November 26, 2014

A man who was convicted of the brutal beating of his stepfather lost an appeal Wednesday that argued his 2008 traumatic brain injury, prosecutorial misconduct and other factors should have reversed or mitigated his 20-year sentence.

COA reverses custody evaluation granted to grandparents

November 26, 2014

A trial court that expressed in the record reservations about the legal status of granting a visitation evaluation sought by grandparents of children in the care or another grandparent had those doubts confirmed Wednesday when the Court of Appeals reversed.

St. Joseph County’s proposed abortion doctor law stalls

November 26, 2014

A push in South Bend to require doctors who perform abortions to have admitting privileges at a local hospital has stalled.

Man gets 11 years for $1M copper wire theft

November 26, 2014

A northern Indiana man who admitted to stealing $1 million worth of copper wire from a recreational vehicle plant where he worked has been sentenced to 11 years in prison.

Justice Ginsburg undergoes heart surgery

November 26, 2014

Supreme Court of the United States Justice Ruth Bader Ginsburg has had surgery to place a stent in her right coronary artery.

Tax Court records migrating to Odyssey

November 25, 2014

Indiana Tax Court records will migrate to the Odyssey case management system effective Dec.1, the first state appeals court to transfer records to the system. Records will be available at no charge online at mycase.in.gov.

Constitutional guarantee at issue in Supreme Court bus fee case

November 25, 2014

Indiana Supreme Court justices quizzed lawyers in a case over school busing fees Monday about the limit of the state's constitutional guarantee of a free public education.

Opinions Nov. 25, 2014 ILD

November 25, 2014

Indiana Court of Appeals
In Re: the Termination of the Parent-Child Relationship of: M.C. and G.C. (Children in Need of Services), B.J.M. (Mother) and G.W.C. (Father) v. Indiana Department of Child Services (NFP)
02A04-1406-JT-270
Juvenile. Affirms termination of parental rights.

Brandan J. Franze v. State of Indiana (NFP)
05A02-1404-CR-229
Criminal. Affirms convictions and 10-year aggregate sentence for Class B felony dealing in a Schedule II controlled substance and Class D felony unlawful possession of a syringe.

Robert A. Rosenbourgh v. State of Indiana (NFP)
46A05-1404-CR-175
Criminal. Affirms conviction and eight-year executed sentence for Class C felony possession of cocaine.

Janice Williams v. State of Indiana (NFP)
49A02-1404-CR-242
Criminal. Affirms conviction of Class A misdemeanor driving while intoxicated.

Jason T. Myers v. Gary W. Myers (NFP)
79A05-1403-CT-160
Civil tort. Affirms trial court denial of Jason Myers’ motions for damages for emotional distress, punitive damages and damages under the Victim’s Relief Act, and denial of his motion to amend his complaint to add defendants. Judge Elaine Brown dissented in part, holding it was an abuse of discretion for the trial court to deny compensation under the VRA.

Brett Holland v. State of Indiana (NFP)
89A01-1403-CR-101
Criminal. Affirms conviction of three counts of Class B felony dealing in cocaine and adjudication as a habitual substance offender.

Opinions Nov. 25, 2014

November 25, 2014

Indiana Court of Appeals
In Re: the Termination of the Parent-Child Relationship of: M.C. and G.C. (Children in Need of Services), B.J.M. (Mother) and G.W.C. (Father) v. Indiana Department of Child Services (NFP)
02A04-1406-JT-270
Juvenile. Affirms termination of parental rights.

Indiana Tech names new law school dean

November 25, 2014

Indiana Tech Law School has tapped Charles Cercone to serve as dean, concluding a search that began in May.

$1.75B justice center could stretch budgets

November 24, 2014

Mayor Greg Ballard's office has said the city intends to pay no more than about $50 million a year over 35 years for a proposed criminal justice facility, bringing the cost to about $1.75 billion.

Volunteers needed for civics contest and law student competitions

November 24, 2014

Volunteers are needed to help judge students learning about Democracy and studying to be future lawyers.

Opinions Nov. 24, 2014 ILD

November 24, 2014

Indiana Court of Appeals
Michael E. Johnson v. State of Indiana (NFP)
49A02-1405-CR-300
Criminal. Reverses Johnson’s conviction of failure to register as a sex offender, a Class C felony. Finds Johnson did not qualify as a sexually violent predator under state law and that his duty to register as a sex offender had already expired at the time of his arrest for failure to register. Remands with instructions to vacate Johnson’s conviction.

In the Matter of the Termination of the Parent-Child Relationship of R.O., Minor Child, and J.T., Father, and M.O., Mother, J.T. v. Indiana Department of Child Services (NFP)
49A02-1404-JT-249
Juvenile. Affirms termination of parental rights of J.T. (the father) to R.O. (the child).

Stanley F. Collesano v. Citimortgage, Inc. (NFP)
29A04-1403-MF-138
Mortgage foreclosure. Affirms default judgment in favor of CitiMortgage, Inc. on its complaint to foreclose on Collesano’s property.

Charles Case, II v. State of Indiana (NFP)
82A04-1405-CR-248
Criminal. Affirms 48-year sentence after guilty plea to two counts of Class A felony child molesting.

Robert C. Tiller v. State of Indiana (NFP)
45A03-1405-PC-163
Post conviction. Affirms denial of Tiller’s petition for post-conviction relief.

Daniel R. Walls v. Brian Joseph Eagan, and Dale Terrell (NFP)
47A05-1405-PO-231
Protection order. Affirms trial court’s orders which granted Eagan’s petition for a protection order against Walls and which denied Walls’ petitions for protective orders against Eagan and Terrell.

Opinions Nov. 24, 2014

November 24, 2014

Indiana Court of Appeals
Antonio Smith v. State of Indiana
71A04-1312-CR-609
Criminal. Reverses conviction of Class C felony burglary, finding the state knowingly proffered perjured testimony from a witness who had previously pleaded guilty to the break-in of a Dollar General store that Smith also was charged with. The state had a duty to correct perjured testimony and should have joined in the defense’s request for a mistrial. The court referred the case to the Indiana Supreme Court Disciplinary Commission with a caution: “We also note that instances of prosecutorial misbehavior continue to come before us on appeal notwithstanding our admonishments.”

Perjury voids conviction; COA refers prosecutor for discipline

November 24, 2014

A St. Joseph County man’s burglary conviction was reversed Monday by the Indiana Court of Appeals. The state’s knowing use of perjured testimony to obtain the conviction led the panel to refer the case for possible disciplinary action against a prosecutor.

Evidence does not support grandparent visitation order, COA rules

November 24, 2014

Finding the evidence did not support the trial court’s ruling, the Indiana Court of Appeals tossed a visitation order in favor of the maternal grandparents.

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