BMV seeks to block release of video depositions
The Indiana Bureau of Motor Vehicles has asked a court to block the release of video depositions in a lawsuit that claims the agency overcharged motorists.
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Opinions Sept. 12, 2014 ILD
Indiana Court of Appeals
Gregory Davis v. State of Indiana (NFP)
49A02-1402-CR-76
Criminal. Affirms conviction of Class D felony criminal recklessness.
Eric D. Smith v. Keith Butts (NFP)
33A01-1402-MI-87
Miscellaneous. Dismisses appeal of denial of Smith’s motion for relief from judgment and petition for reading of decision.
Veronica E. Perry v. State of Indiana (NFP)
41A01-1312-CR-546
Criminal. Affirms conviction of Class D felony theft and sentence of 910 days in the Indiana Department of Correction.
Albert J. Lane v. State of Indiana (NFP)
42A01-1401-CR-34
Criminal. Affirms conviction of Class B felony arson.
Philip H. Chamberlain v. State of Indiana (NFP)
53A01-1309-CR-425
Criminal. Vacates denial of verified petition to expunge arrest record as the court’s order is void for lack of personal jurisdiction.
In the Matter of the Termination of the Parent-Child Relationship of: L.M. and Z.W. (Minor Children) and A.M. (Mother) v. The Indiana Department of Child Services (NFP)
90A02-1312-JT-1067
Juvenile. Affirms termination of parental rights.
Clark A. Klemme v. State of Indiana (NFP)
29A04-1309-CR-488
Criminal. Affirms convictions of two counts of Class D felony theft.
Bernard Ford v. State of Indiana (NFP)
02A03-1401-CR-15
Criminal. Affirms conviction of Class D felony criminal recklessness.
Lee Tibbetts v. State of Indiana (NFP)
49A02-1403-PC-153
Post conviction. Affirms denial of petition for post-conviction relief.
Stacy Knighten v. East Chicago Housing Authority Individually and d/b/a West Calumet Complex, Davis Security Service, LLC, and Donnell Caldwell (NFP)
45A04-1312-CT-632
Civil tort. Affirms summary judgment in favor of East Chicago Housing Authority and Davis Security Service in Knighten’s action to recover damages for injuries she suffered after an incident at an ECHA property.
Joseph Brett Mayer v. State of Indiana (NFP)
03A04-1401-CR-44
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.
In re the Paternity of: S.L. b/n/f R.H.B. v. T.L. (NFP)
82A01-1404-JP-183
Juvenile. Affirms denial of petition to change the surname of the biological child.
Nikki Russell v. State of Indiana (NFP)
84A05-1312-CR-587
Criminal. Affirms 10-year aggregate sentence following guilty plea to five counts of Class C felony neglect of a dependant and two counts of Class C felony criminal confinement. Remands with instructions for the court to clarify its sentencing order.
Opinions Sept. 12, 2014
Indiana Court of Appeals
In re the Marriage of Tina M. Harpenau v. Robin P. Harpenau
62A01-1401-DR-37
Domestic relation. Affirms grant of father’s petition to modify, awarding him primary physical custody of the children and granting mother the same parenting time as father originally had, as well as that mother pay child support. The trial court did not abuse its discretion in modifying custody due to her proposed move or in modifying child support accordingly.
Attorney’s attempt to expunge arrest record denied again
A Monroe County attorney who was arrested in 2008 on allegations of misconduct involving his clients and violations of the Indiana Securities Act was unsuccessful in his attempt to have similar charges filed in 2006 expunged.
Felony murder convictions upheld in Elkhart home invasion, but sentences amended
The appeals of three teens involved in a daytime home invasion that turned fatal gave the Court of Appeals a chance to examine the felony murder statute and its application for juveniles.
Indiana agrees to recognize another same-sex marriage involving ill spouse
The state will recognize the out-of-state marriage of a Whiting couple in which one woman is receiving hospice care for terminal cancer.
COA affirms stripping ‘helicopter mom’ of custody of teen son
The decision to modify custody to give a father sole legal and physical custody of his 15-year-old son was not clearly erroneous, the Indiana Court of Appeals ruled. In affirming the decision, the judges noted that the mother is overbearing and has forced the teen to participate in activities he has little interest in.
Father granted custody after mother seeks relocation
Moving from Floyd County to Scott County so a woman could be closer to her work and live with her boyfriend is not in the best interests of her two young children, the Court of Appeals ruled Friday. The judges affirmed the grant of father’s request to modify custody and child support.
Just days remain to register for Employment Law CLE
Indiana Lawyer is sponsoring a CLE program focusing on “Cutting Edge Issues in Employment Law” Sept. 30 in Indianapolis. The cost is $109, and attendance provides three hours of CLE credit.
Three panel presentations focusing on various areas of employment law will be featured. Speakers on the Collective Bargaining and the College Athlete panel include Dan Emerson of the Indianapolis Colts, William Groth of Fillenwarth Dennerline Groth & Towe, Peter Kirsanow of Benesch, Rik Lineback of the NLRB, Geoff Silver of Jackson Lewis, and Milton Thompson of Bleeke Dillon Crandall.
Speakers for Same-Sex Marriage/LGBT Issues include Jim Bopp Jr. of Bopp Law Firm, attorney and political commentator Abdul-Hakim Shabazz, and William Groth of Fillenwarth Dennerline Groth & Towe. The Affordable Care Act panelists include Ann Carr Mackey of Ogletree Deakins and Michael Paton of Barnes & Thornburg.
The chair and moderator is Mark Waterfill of Benesch.
The program is from 1 to 4:15 p.m. at the Main Auditorium in the OneAmerica Tower in Indianapolis. 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].
Ex-manager at Terre Haute airport faces charges
Indiana State Police have arrested the former office and financial manager of Terre Haute International Airport on preliminary charges of theft, forgery and fraud.
Former county auditor accused of embezzling
A federal grand jury has indicted a former northern Indiana official on charges alleging she embezzled more than $150,000.
Omitted information in notice does not bar entry of summary judgment
Failure in a notice of dissolution to describe information that must be included in a claim filed against the company does not make the notice invalid, the Indiana Court of Appeals ruled Thursday. Since the notice was valid, a convenience store owner’s lawsuit is time-barred.
Opinions Sept. 11, 2014 ILD
Indiana Court of Appeals
Alberto Villalva v. State of Indiana (NFP)
49A02-1401-CR-26
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.
Michael T. Paille v. State of Indiana (NFP)
18A05-1404-CR-152
Criminal. Reverses charges of Class D felony failure to register as a sex offender and Class A misdemeanor failure of a sex offender to possess identification. Remands with instructions to vacate the criminal charges against Paille and grant his motion for removal from the sex offender registry.
Thomas Booker v. State of Indiana (NFP)
49A02-1402-CR-107
Criminal. Affirms conviction of Class B felony criminal deviate conduct.
Daniel E. Stuckman, Sr., and Daniel E. Stuckman, Jr. v. Angela C. Stuckman, as Personal Representative of the Estate of Gary A. Stuckman, deceased, and Angela C. Stuckman, et al. (NFP)
43A03-1403-PL-93
Civil plenary. Affirms summary judgment in favor of Angela C. Stuckman, the Kosciusko County Board of Zoning Appeals and the Papakeechie Protective Association with respect to Daniel Stuckman Sr.’s and Daniel Stuckman Jr.’s complaint for injunction relief to compel compliance with certain restrictive covenants.
Nancy Hay v. Richard Hay (NFP)
11A01-1401-DR-22
Domestic relation. Reverses order holding Nancy Hay in contempt for failing to pay her ex-husband in accordance with the terms of the marital estate distribution order. Remands with instructions. In a separate opinion, Judge Crone concurs in part, concurs in result in part, and dissents in part.
In the Matter of the Termination of the Parent-Child Relationship of: T.E. (Minor Child) and T.E. (Father) v. The Indiana Department of Child Services (NFP)
10A01-1401-JT-41
Juvenile. Affirms termination of parental rights.
Opinions Sept. 11, 2014
7th Circuit Court of Appeals
Securities and Exchange Commission v. First Choice Management Services Inc., et al; CRM Energy Partners and John W. Hannah v. Joseph D. Bradley, Receiver
14-1270, 14-2284
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms denial of CRM’s motion to intervene in the sale of an oil and gas lease in order to compensate victims of fraud. Dismisses its appeal of the District Court’s approval of the sale. CRM waited too long to intervene in the action.
Southern District’s US attorney unsure of time in post
The new top federal prosecutor for central and southern Indiana has no idea how long he'll be in the job.
Energy company waited too long to intervene in sale of oil and gas lease
The 7th Circuit Court of Appeals ruled against an appeal in a protracted case involving the sale of oil and gas leases in efforts to recoup money for victims defrauded by First Choice Management Services. The judges held the company seeking to intervene failed to do so in a timely manner.
Judges affirm convictions in fatal home invasion
The state presented sufficient evidence to support a man’s conviction of robbery, which was based on a theory of accomplice liability, the Court of Appeals ruled. The charge stems from a home invasion in St. Joseph County during a family gathering.
Court declines to review drug sentence based on new criminal code
A man who pleaded guilty earlier this year to dealing in oxycodone couldn’t convince the Indiana Court of Appeals that his sentence should be reconsidered based on the revised criminal code that took effect July 1.
Goshen attorney appointed as city court judge
Gov. Mike Pence has named Bodie J. Stegelmann as judge in Goshen City Court. Stegelmann currently is a partner at Yoder Ainlay Ulmer & Buckingham LLP, where he practices real estate law.
Indiana gives initial OK to off-site manure ponds
A state panel gave preliminary approval Wednesday to Indiana's first rules governing big stand-alone ponds and lagoons built to hold manure trucked in from livestock farms.