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Opinions Sept. 23, 2013 ILD

September 23, 2013

Opinions, Sept. 23, 2013

Indiana Court of Appeals
Terry Rexing v. State of Indiana (NFP)
82A01-1212-CR-561
Criminal. Affirms conviction for dealing in methamphetamine, a Class A felony; possession of chemical reagents or precursors with intent to manufacture a controlled substance, a Class D felony; maintaining a common nuisance, a Class D felony; and criminal recklessness, a Class B misdemeanor. Also affirms aggregate 60-year sentence and status as a habitual offender.

Jimmie Jones v. State of Indiana (NFP)
49A04-1303-CR-93
Criminal. Affirms conviction for one count each of robbery and criminal confinement, as Class B felonies.

Jerry Downs v. State of Indiana (NFP)
27A02-1305-CR-427
Criminal. Affirms denial of Downs’s motion to correct erroneous sentence.

The Indiana Supreme Court and the Indiana Tax Court submitted no opinions before IL deadline. The 7th Circuit Court of Appeals submitted no Indiana opinions before IL deadline.

Opinions Sept. 23, 2013

September 23, 2013

Opinions, Sept. 23, 2013

Indiana Court of Appeals
C. Subah Packer v. The Indiana Department of Workforce Development
93A02-1301-EX-83
Agency action. Affirms determination of a liability administrative law judge that a horse stable owner must pay unemployment compensation taxes plus interest and penalties for employees during the years 2008-2011 because they performed some amount of non-agricultural labor. Because employment records did not establish the amount of wages paid to workers for agricultural or non-agricultural work, a determination that Packer must pay taxes on total compensation for the audit years is not arbitrary, unreasonable, against the evidence or contrary to law.

Longest-serving Lake Superior judge takes leave

September 23, 2013

The longest-serving Lake Superior judge is stepping aside, at least temporarily, effective today, according to an order of the Indiana Supreme Court.

Stopped traffic snarls purse snatcher’s getaway scheme

September 23, 2013

Although the getaway car moved only a few feet after being stopped by police, a man in the passenger seat still was properly convicted of resisting law enforcement because he instructed the driver of the car to “take off.”

Stable owner liable for unemployment tax, appeals court affirms

September 23, 2013

The owner of a Zionsville horse stable lost her appeal of a determination that she owed unemployment insurance tax for employees because they performed non-agricultural work.

Opinions – Sept. 20, 2013 ILD

September 20, 2013

Opinions – Sept. 20, 2013

Indiana Court of Appeals

In Re the Term. of the Parent-Child Relationship of F.L. and B.L., Minor Children, and their Mother, B.L. and their Father D.L., B.L. and D.L. v. Indiana Department of Child Services (NFP)
28A01-1303-JT-126
Juvenile. Affirms termination of parental rights.

William Temple v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/september/09201301ewn.pdf
33A01-1211-MI-533
Criminal. On rehearing, clarifies that the trial court may address Temple’s petition for habeas corpus and treat it as a post-conviction petition, and there is no need to transfer to a different trial court. Affirms its prior opinion in all other respects.

Indiana Supreme Court and Indiana Tax Court issued no opinions before IL deadline Friday. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.

Opinions – Sept. 20, 2013

September 20, 2013

Opinions – Sept. 20, 2013

Indiana Court of Appeals

Walter E. Lunsford v. Deutsche Bank Trust Company Americas as Trustee
30A01-1302-MF-63
Mortgage foreclosure. Affirms trial court grant of summary judgment in favor of Deutsche Bank, holding that its mortgage was the senior lien on a property that Walter Lunsford sold on a land contract years earlier but failed to record until after the mortgage was recorded. Deutsche Bank is the holder of the note and was entitled to enforce the loan document after a default, and Lunsford waived his arguments that the bank lacks standing and that it refused his offer to make payment in full because those arguments were not raised before the trial court.

Bad check in exchange for loan leads to conviction

September 20, 2013

A woman who got bail money from a friend by giving him a bad check failed to prove she did not purposely mislead and deceive him.

Guantanamo court reporters to address convention

September 20, 2013

Court reporters part of the “StenOps” team reporting the military tribunal hearings of suspected terrorists at Guantanamo Bay, Cuba, will be among the featured speakers at the annual convention of the Indiana Shorthand Reporters Association Sept. 27-29.

Court cites 1827 case to affirm mortgage trumps land contract

September 20, 2013

A bank that issued a mortgage to a person selling a property on a land contract has the right to foreclose on the loan, the Indiana Court of Appeals ruled, citing caselaw nearly 200 years old.

St. Thomas More Society plans Red Mass, honors for Zore

September 20, 2013

The St. Thomas More Society of Indianapolis will honor Marion Superior Probate Court Judge Gerald Zore with its Man for All Seasons award following its annual Red Mass on Wednesday, Oct. 9.

Opinions, Sept. 19, 2013 ILD

September 19, 2013

Opinions – Sept. 19, 2013

Indiana Court of Appeals

Richard Reese v. State of Indiana (NFP)
49A02-1303-CR-215
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Ronald Pearson v. State of Indiana (NFP)
36A04-1211-CR-610
Criminal. Affirms 39-year sentence for multiple drug-related convictions.

James R. Dieterle v. State of Indiana (NFP)
06A05-1304-CR-191
Criminal. Affirms denial of motion to correct erroneous sentence, a 50-year term imposed for conviction of Class A felony arson, Class B felony burglary and Class B misdemeanor public intoxication.

Ivan Luis Vazquez v. State of Indiana (NFP)
79A02-1207-PC-545
Post-conviction. Affirms denial of post-conviction relief from a 45-year executed sentence for conviction of Class A felony charges of dealing in cocaine and conspiracy to deal in cocaine.

J.D.M. v. State of Indiana (NFP)
71A05-1303-JV-109
Juvenile. Affirms delinquency adjudication for committing an act that would be Class A misdemeanor dangerous possession of a firearm if committed by an adult.

In Re The Adoption of K.T.; J.T. v. A.A.B. (NFP)
69A01-1304-AD-184
Adoption. Affirms trial court odrder granting the adoption petition of A.A.B. and terminating father J.T.’s parental rights.

Miles Toran v. State of Indiana (NFP)
49A02-1302-CR-154
Criminal. Affirms 65-year sentence for convictions of murder and attempted murder.

Curtis F. Sample, Jr., v. State of Indiana (NFP)
45A03-1302-CR-52
Criminal. Affirms trial court finding of habitual offender on remand from the Indiana Supreme Court.

Gregory Allen v. State of Indiana (NFP)
49A02-1303-CR-221
Criminal. Affirms 35-year sentence for conviction of Class A felony dealing in cocaine.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.

Opinions Sept. 19, 2013

September 19, 2013

Beneficial Financial 1 Inc., Successor in Interest to Beneficial Mortgage Co. of Indiana v. Sharon Hatton, a/k/a Sharon J. Hatton, First Select, Inc., Calvary SPV, II, LLC, and Discover Bank
45A03-1212-MF-531
Mortgage foreclosure. Reverses trial court grant of dismissal for failure to state a claim upon which relief can be granted, finding that a surviving company after a merger needs no documentation of assignment of interest in Hatton’s mortgage, and remands to the trial court with instructions to reinstate Beneficial’s complaint for damages. Beneficial also must have an opportunity to prove that a mutual mistake was the cause of an erroneous legal description of the property secured by the mortgage.

Question over landlord’s actions divide Indiana Court of Appeals

September 19, 2013

The Indiana Court of Appeals split over what duties a landlord has to re-lease a commercial space when the current tenant is behind on payments.

Court reporters make push for licensing

September 19, 2013

Court reporters will make a case to a legislative commission this week that the state should set minimum standards and licensing criteria for professionals who record and compile the transcripts of judicial proceedings.

Child’s best interest includes having father’s surname

September 19, 2013

A noncustodial father’s active participation in his son’s life convinced the Indiana Court of Appeals that giving the father’s surname to the minor was in the best interest of the child.

Dismissed foreclosure involving merged lender reinstated

September 19, 2013

A mortgage foreclosure dismissed by a Lake Superior judge was reinstated Thursday by a panel of the Indiana Court of Appeals.

Biofuels fraud cheated victims of $100M, feds say

September 18, 2013

Federal prosecutors announced charges Wednesday connected to a Henry County biofuel refinery as part of a massive tax and securities fraud investigation, saying the operation cheated victims out of more than $100 million.

Opinions Sept. 18, 2013 ILD

September 18, 2013

Indiana Court of Appeals
Anthony Michael Davis v. State of Indiana (NFP)
45A05-1302-CR-57
Criminal. Affirms six-year sentence for conviction of Class C felony operating a vehicle after a lifetime suspension.

David Barbee v. State of Indiana (NFP)
49A04-0907-CR-370
Criminal. Affirms denial of motion to correct error challenging his convictions of murder and Class C felony carrying a handgun without a license.

Billye D. Gaulden v. State of Indiana (NFP)
02A04-1212-CR-651
Criminal. Affirms conviction and 50-year sentence for conviction of Class B felony robbery and two counts of Class D felony resisting law enforcement.

Carlos Lamonte Minor v. State of Indiana (NFP)
45A05-1302-CR-85
Criminal. Affirms 12-year sentence for conviction of Class B felony voluntary manslaughter.

Jennifer Barber v. State of Indiana (NFP)
49A04-1208-CR-395
Criminal. Affirms convictions of Class A misdemeanor operating a vehicle while intoxicated and Class C misdemeanor failure to stop and remain at the scene of an accident.

Sanders Johnson v. State of Indiana (NFP)
49A02-1211-CR-904
Criminal. Affirms conviction of murder and being a habitual offender.

Ryan Schonabaum v. State of Indiana (NFP)
82A04-1302-CR-44
Criminal. Affirms 50-year sentence for conviction of two counts of Class A felony child molesting.

Certain Properties Being Sold for Delinquent Taxes; Tax Sale Certificate #3910192 Parcel #39-0-17-114-024.000-007; Norman Eggers v. MLP Services, LLP and Jefferson County, IN. Auditor, et al. (NFP)
39A01-1211-MI-527
Miscellaneous. Affirms issuance of a tax deed to MLP Services and remands to the trial court to determine damages for an appeal brought in bad faith.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.

Opinions Sept. 18, 2013

September 18, 2013

Indiana Supreme Court
Kevin M. Clark v. State of Indiana
20S05-1301-CR-10
Criminal. Reverses conviction and 45-year sentence for Class A felony attempted dealing in methamphetamine, holding that police violated the Fourth Amendment protections of Kevin Clark when a late-night call regarding someone allegedly living improperly at a 24-hour self-storage unit instead became a “fishing expedition” for narcotics based on an officer’s hunch. Officers saw nothing illegal or appearing to constitute narcotics use, and evidence gathered from resulting search must be suppressed as fruit of the poison tree, a 4-1 majority ruled. Justice Mark Massa dissented, holding that when Clark dropped a bag as police approached, it provided reasonable suspicion, as did Clark’s subsequent admission that the bag contained marijuana.

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