Articles

Judge Kimberly Brown removed from bench by justices

The Indiana Supreme Court removed Marion Superior Judge Kimberly Brown from the bench Tuesday after finding she “engaged in significant judicial misconduct.” The judge had been on paid suspension since Jan. 9 pending final discipline.

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Opinions March 4, 2014 ILD

Indiana Court of Appeals
Jermaine Christopher Scott v. State of Indiana (NFP)
45A05-1307-CR-344
Criminal. Affirms conviction of Class B felony burglary.

Randy L. Madewell v. State of Indiana (NFP)
41A05-1305-CR-254
Criminal. Affirms convictions and sentence for three counts of Class D felony home improvement fraud and three counts of Class B misdemeanor home improvement fraud.

Marcus Pernell v. State of Indiana (NFP)
49A04-1307-CR-345
Criminal. Affirms conviction of Class C felony battery and remands with instructions for the trial court to enter a correct abstract of judgment.

The following Indiana Court of Appeals opinions were posted after IL deadline Monday:
Tanya R. Dawson v. State of Indiana, City of Indianapolis, and Indianapolis Metropolitan Police Department (NFP)
49A02-1308-MI-716
Miscellaneous. Affirms denial of motion for summary judgment in an action filed by the state, city of Indianapolis and the IMPD for forfeiture of Dawson’s 2000 Chevy Tahoe.

Federal Home Loan Mortgage Corporation v. Janice M. Stern (NFP)
82A04-1306-MF-282
Mortgage foreclosure. Reverses summary judgment in favor of Stern in the instant mortgage foreclosure action. Remands for further proceedings.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

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Opinions March 4, 2014

Indiana Court of Appeals
Commonwealth Land Title Insurance Company v. Stephen W. Robertson, Insurance Commissioner of the State of Indiana, et. al.
49A04-1302-PL-84
Civil plenary. Affirms trial court order upholding an administrative order that Commonwealth take certain actions to cure its violations of the Rate Statute, the Unsafe Business Practices Statute and the Gross Premium Tax Statute. Concludes that substantial evidence supports the IDOI’s determination that Commonwealth violated the statutes and that the cures imposed by the IDOI for Commonwealth’s violations of these statutes are authorized by the Cure Statute.

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U.S. Attorney honored for work on Durham trial

A 25-year veteran of the U.S. Attorney’s Office in the Southern District of Indiana has received the Director’s Award from the Executive Office of United States Attorneys for his work on the Tim Durham trial.

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Penn High School takes home its first state Mock Trial trophy

Soon after the Penn High School Mock Trial team was crowned the 2014 state champions, the congratulatory messages on Twitter and other social media began. The students were praised and called an "inspiration." Penn secured its first Indiana Mock Trial championship by defeating long-reigning state champion, John Adams High School of South Bend.

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Opinions March 3, 2014 ILD

Indiana Court of Appeals
Shearece M. Love v. State of Indiana (NFP)
02A04-1308-CR-400
Criminal. Affirms conviction of Class B felony robbery.

In Re the Involuntary Termination of the Parent-Child Relationship of D.D. and J.D.: D.H. (Mother) and J.P.D. (Father) v. The Indiana Department of Child Services (NFP)

18A02-1307-JT-657
Juvenile. Affirms termination of parental rights.

Suzanne Throgmartin v. Wilson S. Stober and Christopher E. Clark (NFP)
49A02-1307-CT-656
Civil tort. Reverses order granting Stober’s and Clark’s motion for summary judgment and denial of Throgmartin’s motion to correct error pertaining to the summary judgment entered on her legal malpractice claim.

Cornell Johnson v. State of Indiana (NFP)
71A03-1308-CR-321
Criminal. Affirms convictions of Class D felony maintaining a common nuisance and Class B felony dealing in cocaine.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.C., Minor Child, and his Father, M.C., M.C. v. Indiana Department of Child Services (NFP)

49A02-1308-JT-671
Juvenile. Affirms termination of parental rights.

Timothy J. Tkachik v. State of Indiana (NFP)
45A05-1308-CR-417
Criminal. Affirms sentence following guilty plea to two counts of Class A felony neglect of a dependent.

Dawn Jackson v. State of Indiana (NFP)
29A02-1308-CR-711
Criminal. Affirms convictions of 11 counts of Class D felony counterfeiting.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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Opinions March 3, 2014

Indiana Court of Appeals
Joseph and M. Carmen Wysocki v. Barbara A. and William T. Johnson, both individually and as Trustees of the Barbara A. Johnson Living Trust
45A03-1309-CT-385
Civil tort. Affirms denial of the Wysockis’ request for attorney fees and additional damages under the Indiana Crime Victims Relief Act. The Wysockis were not victims of the criminal offense of fraud because the Johnsons were not charged with that crime in relation to the sale of the house, much less convicted of it in a court of law. In the absence of such a conviction, the CVRA does not apply.

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