US Supreme Court adds gay marriage to Sept. 29 agenda
The U.S. Supreme Court has formally added gay marriage cases to the justices' agenda for their closed-door conference on Sept. 29.
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Opinions Sept. 10, 2014 ILD
Indiana Court of Appeals
Jay Sleet v. State of Indiana (NFP)
49A02-1311-CR-997
Criminal. Affirms conviction of Class C felony battery and the refusal by the court to award credit time for time served on pretrial home detention.
Melissa S. Johnson Mabie v. State of Indiana (NFP)
43A03-1404-CR-112
Criminal. Affirms revocation of probation.
Kokomo Board of Zoning Appeals v. Markland Properties, LLC, Thrust Inc. d/b/a Tease Bar, Brett Morrow and Dustin Ogle (NFP)
34A02-1312-MI-1081
Miscellaneous. Affirms order reversing the board of zoning appeals’ decision that Tease Bar increased the floor area of the business beyond the 10 percent expansion allowed under Kokomo’s zoning ordinance, and, therefore, Tease Bar could no longer operate its sexually oriented adult entertainment business as a legal-nonconforming use.
Roy Austin Smith v. State of Indiana (NFP)
49A02-1312-CR-1091
Criminal. Affirms denial of motion to correct erroneous sentence.
James McDuffy v. State of Indiana (NFP)
49A02-1401-CR-13
Criminal. Vacates McDuff’s conspiracy to commit kidnapping conviction, a Class A felony, on double jeopardy grounds and remands with instructions to vacate the sentence thereon. Affirms convictions of murder and Class A felonies kidnapping, attempted murder and robbery.
Donald Moss v. Progressive Design Apparel, Inc. (NFP)
49A05-1401-PL-3
Civil plenary. Affirms grant of preliminary injunction in favor of Progressive Design Apparel and remands for a determination of a proper bond because the order PDA pay a $100 bond is insufficient based on the damages estimated in the case.
Mary Ragon as Personal Representative of the Estate of Larry Ragon v. Eli Lilly & Company (NFP)
93A02-1402-EX-80
Agency action. Affirms ruling that Larry Ragon failed to meet his burden of proving by a preponderance of the evidence that he suffered from asbestosis.
Opinions Sept. 10, 2014
Indiana Supreme Court
Barbara J. Pohl v. Michael G. Pohl
32S04-1404-DR-245
Domestic relation. Reverses trial court and remands with instructions to apply the incapacity maintenance statute’s “substantial and continuing change in circumstances” standard to the evidence presented at the modification hearing. Any maintenance provision in a settlement agreement, regardless of its grounds, is modifiable only if the agreement so provides. The agreement in this matter contains such a provision.
Part of payday loan settlement funding new legal aid consumer project
Indiana Legal Services and Heartland Pro Bono Council will be using a portion of a class-action settlement to help Indianapolis residents who have battled payday loan companies or suffered other consumer rights abuses.
Court must hold hearing on injunction involving medical practice
A trial court’s assessment of the public interest regarding whether a doctor is prohibited under a noncompete agreement to practice within 25 miles of his former office in Rensselaer was contrary to law, the Indiana Court of Appeals held Wednesday. The judges reversed the denial of a motion for a preliminary injunction preventing the doctor from opening a new practice next door to his previous one.
COA orders judgment in favor of Lapel in annexation lawsuit
The city of Anderson does not meet the requirements to bring a declaratory judgment action to challenge the town of Lapel’s annexation of land in Madison County that Anderson once considered annexing.
Supreme Court provides clarity to maintenance agreement modification
If divorcing parties want to make judicial modification available for the maintenance agreements, they must say so in their contract, the Indiana Supreme Court pointed out Tuesday. Because a divorced couple’s maintenance agreement allowed for court intervention, the justices ordered the trial court to consider the wife’s request for modification.
Defendant cleared ‘low bar’ to require reversal of summary judgment
The Indiana Supreme Court reversed summary judgment in favor of the state on its motion for forfeiture of cash found on a man accused of dealing cocaine. The justices found the man’s “self-serving” affidavit specifically controverted the state’s prima facie case that the cash was connected to drug crimes.
Tax Court denies rehearing in charitable purposes exemption case
Tax Judge Martha Wentworth affirmed that a housing company in Bartholomew County failed to show that its rental properties qualified for a charitable purposes exemption for the 2006 tax year. The judge denied granting Housing Partnerships Inc.’s request for a rehearing.
Deal may be near in stage collapse suit
A lawsuit filed by victims of the 2011 Indiana State Fair stage collapse appears to be nearing a settlement, a mediator's report indicates, more than three years after the fatal accident that killed seven people and injured more than 40.
Closure of Indiana juvenile boot camp put on hold
State officials are delaying the closure of a paramilitary-style boot camp for juvenile offenders in northwestern Indiana.
Indiana files same-sex marriage petition with SCOTUS
In the race to get a same-sex marriage case before the Supreme Court of the United States this term, Indiana Attorney General Greg Zoeller’s office is arguing the state’s three lawsuits provide the best vehicle for resolving the same-sex marriage issue.
Opinions Sept. 9, 2014 ILD
Indiana Court of Appeals
Homer Ballard v. State of Indiana (NFP)
84A05-1310-CR-524
Criminal. Affirms Ballard’s conviction of two counts of robbery as Class B felonies and his 40-year aggregate sentence.
Lance Brownlee v. State of Indiana (NFP)
07A01-1312-CR-528
Criminal. Affirms conviction of Class A felony child molesting and Brownlee’s status as a credit-restricted felon, receiving one day credit for every six days served.
Monica L. Ritter v. State of Indiana (NFP)
05A02-1401-CR-52
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.
Todd A. Garland v. State of Indiana (NFP)
49A05-1403-CR-96
Criminal. Affirms conviction of forgery as a Class C felony and six-year sentence.
William Mallory v. State of Indiana (NFP)
84A01-1312-CR-555
Criminal. Affirms convictions of one count of murder, a felony; two counts of attempted murder, Class A felonies; and one count of carrying a handgun without a license, a Class A felony. Also affirms the aggregate sentence of 111 years.
Opinions Sept. 9, 2014
Indiana Court of Appeals
Robert O. Hedrick v. Angela R. Gilbert
47A01-1401-DR-1
Domestic relation. Affirmed in part, reversed in part. Affirms denial of Hedrick’s motion to modify support for post-secondary educational expenses and affirms order of contempt and $500 fine issued to Hedrick for failing to abide by prior court rulings. Reverses the award to Gilbert of $1,000 in attorney fees as part of the contempt order, ruling that the trial court did not make findings that Hedrick’s petition to modify was frivolous, unreasonable or groundless.
Appeals court reverses suppression of polygraph in molestation case
A panel of the Indiana Court of Appeals Tuesday reversed a trial court order suppressing results of a polygraph test against a man who later was charged with child molestation.
Award of attorney fees reversed in child-support dispute
The ex-wife in a child-support dispute was improperly awarded a portion of her attorney fees after the trial court rejected her ex-husband’s petition to modify child support.
IndyBar: Ricafort to Lead Indianapolis Bar Association in 2017
The Indianapolis Bar Association’s Nominating Committee has announced the selection of Nissa M. Ricafort of Broyles Kight & Ricafort PC as the 2017 President of the Indianapolis Bar Association. Ricafort will serve as the association’s First Vice President on the 2015 Board of Directors and as President Elect in 2016.
IndyBar: Getting Along Is Not Wrong: Law and the Golden Rule
How often have you filed an emergency Motion for Continuance only to have an opposing counsel file an “Objection for the Record?” Frankly, I am amazed at how often attorneys file these coded objections to let the court know that while the attorney has no real objection, he or she is filing it only on behalf of the client.
Duncan: The Impact of One for the Indianapolis Bar Foundation
very IndyBar member can make a tangible impact by donating to the IBF. Please commit to being a part of our Impact of One campaign, and donate your one billable hour.