Articles

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.

 

Read More

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.

Read More

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.

Read More

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.

Read More

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].

 

Read More

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.
 

Read More

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.

Read More

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.

Read More