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Opinions Feb. 4, 2014

February 4, 2014

7th Circuit Court of Appeals
Eric Smith v. Executive Director of the Indiana War Memorials Commission, et al.
13-1939
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Reverses denial of Smith’s motion for a preliminary injunction against the enforcement of a policy that requires a permit before gathering on commission properties. The new policy, revised shortly after the District Court denied the motion, retains the problematic features of the old policy. Also, Smith has met the requirements for obtaining a preliminary injunction. Remands with instructions to enter an appropriate preliminary injunction.

Judges order injunction against enforcement of permit policy

February 4, 2014

A man who wanted to protest a proposed United Nations arms treaty on Indianapolis’ Monument Circle in 2012 but was kicked off the property because of a lack of permit was victorious in the 7th Circuit Court of Appeals Tuesday.

COA affirms disability benefit for injured officer

February 4, 2014

Noting that the statute is ambiguous, the Indiana Court of Appeals found the Indiana Public Retirement System’s longtime use of a formula to calculate the disability benefits of a police officer shot while in the line of duty to be reasonable.

Evidence supports CHINS finding, COA affirms

February 4, 2014

Based on evidence that a mother continued to have extensive problems with drugs and violent relationships with her children’s fathers, the Indiana Court of Appeals affirmed the determination that a woman’s two young children were children in need of services.

Judges reduce restitution award stemming from correctional officer attack

February 4, 2014

A partial permanent impairment settlement cannot be considered by a trial court when imposing restitution, the Indiana Court of Appeals held Tuesday.

7th Circuit: Man’s offense level for selling gun was properly increased

February 4, 2014

The 7th Circuit Court of Appeals Monday affirmed the 60-month sentence imposed on a convicted felon prohibited from possessing a gun who sold the weapon to a man who was also prohibited from possessing a gun. The judges held that the District Court properly increased Darnell Jackson’s offense level because he committed separate offenses.

Court affirms CHINS finding of child abandoned by parents

February 4, 2014

The Indiana Court of Appeals rejected arguments by parents that their son should have been found to be a child in need of services under Indiana Code 31-34-1-6 because he substantially endangers his own health or the health of his family members. The appellate judges affirmed the CHINS finding under I.C. 31-34-1-1 that the parents had abandoned the child once he was placed in an emergency shelter.

Official declines to rule out airport location for Criminal Justice Complex

February 3, 2014

Marion Superior judges Monday heard an update on a proposed Criminal Justice Complex, and one asked if “we can put to rest” speculation that the courts and jail would move to a site at Indianapolis International Airport.

Opinions Feb. 3, 2014 ILD

February 3, 2014

Indiana Court of Appeals
William Rinehart v. State of Indiana (NFP)
49A05-1305-CR-236
Criminal. Reverses conviction of Class C felony possession of a handgun without a license.

Jessie L. Johnston v. State of Indiana (NFP)
02A05-1308-CR-395
Criminal. Affirms convictions of two counts of Class A felony child molesting, one count of Class C felony child molesting, and two counts of Class A misdemeanor contributing to the delinquency of a minor.

Joshua S. F. Nelson v. State of Indiana (NFP)
73A01-1304-CR-178
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine, Class B felony dealing in a narcotic drug, and Class A misdemeanor resisting law enforcement.

Sandra M. Pasquale v. Thomas M. Pasquale (NFP)
09A04-1304-DR-169
Domestic relation. Affirms post-dissolution order that restricted Sandra Pasquale’s parenting time.

Eugene Selvidge and Ann Selvidge v. Second Harvest Food Bank of East Central Indiana, Inc. and Selective Insurance Company of South Carolina (NFP)
18A02-1307-CT-627
Civil tort. Affirms summary judgment in favor of Selective Insurance Co. of South Carolina and the finding that there was no underinsured motorist or medical payment coverage available to the Selvidges.

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

Opinions Feb. 3, 2014

February 3, 2014

Indiana Court of Appeals
William Rinehart v. State of Indiana (NFP)
49A05-1305-CR-236
Criminal. Reverses conviction of Class C felony possession of a handgun without a license.

Civil case filing now all electronic in Northern District

February 3, 2014

Beginning Monday, all new civil cases filed by counsel will be filed electronically in CM/ECF, the U.S. District Court for the Northern District of Indiana has announced. Electronic filing will become mandatory as of Feb. 24.

Disability, religious-freedom claims clash at Indiana Supreme Court

February 3, 2014

An argument over dinner has taken on First Amendment religious-freedom and disability-protection dimensions before the Indiana Supreme Court.

Opinions Jan. 31, 2014 ILD

January 31, 2014

Indiana Court of Appeals
Rashard Ranson v. State of Indiana (NFP)
49A04-1307-CR-329
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Christopher Wood v. State of Indiana (NFP)
33A01-1310-MI-430
Miscellaneous. Affirms denial of habeas corpus petition alleging that Wood was erroneously denied 49 days of presentencing credit time.

Rolando Guzman v. State of Indiana (NFP)
02A04-1309-CR-474
Criminal. Affirms sentence following guilty plea to Class D felony domestic battery.

Joshua Gillespie v. State of Indiana (NFP)
27A02-1304-CR-374
Criminal. Affirms convictions of Class B felony burglary and Class C felony robbery.

Matthew Dante Bennett v. State of Indiana (NFP)
18A02-1306-CR-515
Criminal. Affirms convictions of Class B felony aggravated battery, Class B felony armed robbery and Class D felony auto theft.

Donald A. Wood v. State of Indiana (NFP)
15A01-1306-CR-288
Criminal. Affirms order revoking probation and order that Wood serve six years of his previously suspended sentence.

Sharniece Crump v. Claystone at the Crossing (NFP)
79A02-1308-SC-674
Small claim. Affirms small claims court’s decision to uphold the eviction of Crump.

Christian D. Reyes v. State of Indiana (NFP)
57A03-1305-CR-176
Criminal. Affirms sentence for Class B felony burglary.

Juan Q. Beamon v. State of Indiana (NFP)
49A02-1307-CR-599
Crimimal. Affirms sentence for Class C felony sexual misconduct with a minor and adjudication as a habitual offender.

Cameron Mayfield v. State of Indiana (NFP)
49A02-1306-CR-500
Criminal. Affirms conviction of Class C felony battery on a pregnant woman.

A.S.B. v. State of Indiana (NFP)
29A02-1307-JV-665
Juvenile. Affirms modification of dispositional decree.

Marcus Jones v. State of Indiana (NFP)
48A04-1305-CR-251
Criminal. Affirms revocation of probation.

T.G. v. State of Indiana
49A05-1305-JV-238
Juvenile. Affirms adjudication that T.G. committed what would be Class C felony child molesting if committed by an adult. The evidence is sufficient and the statute is not unconstitutionally vague as applied to him.

Marcus Minor v. State of Indiana (NFP)
49A05-1306-CR-301
Criminal. Vacates conviction for Class A misdemeanor resisting law enforcement.

Nathan Allen Kline v. State of Indiana (NFP)
35A02-1307-CR-573
Criminal. Vacates conviction and sentence for Class D felony operating an illegal drug lab. Affirms Kline was not denied effective assistance of trial counsel and affirms conviction and sentence for Class B felony dealing in methamphetamine.

In Re: The Marriage of Mikiko Hige v. Christopher L. Glick (NFP)
79A02-1303-DR-274
Domestic relation. Affirms dissolution of marriage.

In the Matter of the Term. of the Parent-Child Rel. of Mi.S. & M.W. (Minor Children), and M.S. (Mother) v. The Indiana Dept. of Child Services (NFP)
49A05-1306-JT-282
Juvenile tort. Affirms termination of parental rights to two of mother’s six children.

Allan Kirkley v. State of Indiana (NFP)
28A04-1307-CR-362
Criminal. Affirms conviction and sentence for two counts of Class C felony child molesting.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

Opinions Jan. 31, 2014

January 31, 2014

7th Circuit Court of Appeals
United States of America v. Timothy L. Richards
12-3763
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms convictions of possession of a controlled substance with intent to distribute, maintaining a residence or place for the purpose of using and distributing controlled substances, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm. There was no error in allowing the government to introduce seized evidence, finding Richards’ 86-year-old uncle had authority to consent to a search of the bedroom where Richards stayed.

Marion County judges may tour other cities’ unified justice complexes

January 31, 2014

Marion Superior judges may soon visit cities having centralized justice centers to tour those facilities as Indianapolis and county officials move forward with plans for a Criminal Justice Complex.

Indiana Legal Services’ case load likely to increase with additional federal dollars

January 31, 2014

After watching its federal appropriation sink to $4.7 million during the economic downturn, Indiana Legal Services is set to receive a boost in funding for the 2014 calendar year.

Survey says a majority of chief legal officers are happy with their jobs

January 31, 2014

A survey released Wednesday by the Association of Corporate Counsel found that 85 percent of chief legal officers are satisfied with their current role and level of responsibility within their companies, a four percent increase as compared to last year.

Marion County Small Claims bill may be headed for study committee

January 31, 2014

Legislation that would require Marion County Small Claims judges to select among themselves an administrative judge to carry out the duties currently performed by the Marion Circuit judge passed the Senate Judiciary Committee Wednesday. The committee also is asking for a study committee to look at Small Claims court administration.

Evidence doesn’t show couple knew of mold when selling home

January 31, 2014

The Indiana Court of Appeals affirmed rulings in favor of the sellers of a home which later was found to contain mold. The buyers sued, claiming the sellers knew of the mold at the time of the sale, but the judges found the evidence shows otherwise.

Court affirms 86-year-old uncle could consent to search

January 31, 2014

The 7th Circuit Court of Appeals rejected a defendant’s argument that his elderly uncle was a confused old man who was out of touch with reality and, therefore, unable to consent to a search of his home when police showed up looking to serve an arrest warrant. The search led to the arrest of the grandson on drug and weapons charges.

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