Indiana farmer’s case goes before the SCOTUS Tuesday
U.S. justices will hear arguments Tuesday morning in the lawsuit brought by Monsanto Co. against Knox County farmer Vernon Hugh Bowman alleging patent infringement.
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7th Circuit Bar seeks Indiana attorneys to honor
Each year, the 7th Circuit Bar Association honors members of the legal profession for their pro bono and public service work who are from the host state of the association’s annual meeting. Indiana is hosting the meeting May 5-7 in Indianapolis.
Opinions Feb.15, 2013 ILD
Indiana Court of Appeals
VFW Post 2953, et al. v. City of Evansville and Evansville Common Council (NFP)
82A01-1206-PL-255
Civil plenary. Affirms denial of the fraternal organizations’ petition for injunctive relief and a declaratory judgment that a city ordinance prohibiting smoking violates the Indiana Constitution.
Shawn J. Lee v. State of Indiana (NFP)
32A01-1207-CR-329
Criminal. Vacates conviction of Class D felony theft and remands for further proceedings.
Misty DeMoss v. Toby Dolan (NFP)
55A04-1209-SC-458
Small claim. Affirms finding that DeMoss acted in direct contempt of court.
Tasha Parsons v. State of Indiana (NFP)
16A01-1208-CR-356
Criminal. Affirms murder sentence.
Larry J. Briski v. Peoples Bank (NFP)
45A03-1208-PL-343
Civil plenary. Affirms summary judgment in favor of the bank on the bank’s action to enforce a guaranty for $50,000 against Briski.
Courtney A. Wuethrich v. State of Indiana (NFP)
66A03-1206-CR-276
Criminal. Affirms convictions of Class C misdemeanors illegal consumption of alcohol and operating a vehicle with a blood alcohol concentration equivalent to at least 0.08 but less than 0.15.
Dennis White v. State of Indiana (NFP)
48A02-1207-CR-588
Criminal. Affirms order of maximum and consecutive sentences following a guilty plea to one count each of Class C felony criminal confinement, Class D felony criminal confinement and Class D felony torturing or mutilating a vertebrate animal.
In Re: The Paternity of K.D.; M.G. v. S.D. (NFP)
32A01-1209-JP-432
Juvenile. Affirms modification of custody in favor of father, but reverses order mother must pay $750 toward father’s attorney fees.
Clarence E. Smith v. State of Indiana (NFP)
47A04-1206-CR-315
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Pie Kitchen, LLC d/b/a Homemade Ice Cream and Pie Kitchen v. Merchant, LLC (NFP)
10A01-1207-CC-322
Civil collection. Affirms summary judgment in favor of the merchant, awarding it more than $48,000 in damages and interest in a lease dispute.
Brian Williams v. State of Indiana (NFP)
49A05-1206-CR-301
Criminal. Affirms conviction of Class B felony aggravated battery.
Jesse L. Rose v. State of Indiana (NFP)
09A05-1205-CR-251
Criminal. Affirms four convictions of Class A felony child molesting and 200-year sentence.
Paul Stieler Enterprises, Inc. d/b/a Harbor Bay, et al. v. City of Evansville and Evansville Common Council (NFP)
82A01-1205-CT-242
Civil tort. Affirms denial of the tavern owners request for injunctive relief and a declaratory judgment that an Evansville ordinance prohibiting smoking in certain locations violates the Indiana Constitution.
The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline. The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions Feb. 15, 2013
Indiana Court of Appeals
South Shore Baseball, LLC d/b/a Gary South Shore Railcats, and Northwest Sports Venture, LLC v. Juanita DeJesus
45A03-1205-CT-222
Civil tort. Reverses denial of summary judgment for South Shore Baseball on DeJesus’ lawsuit filed after she was hit by a foul ball at a game. As a matter of law, the appellants can’t be held liable for her injuries. Remands with instructions for the court to issue summary judgment in favor of South Shore Baseball.
Woman hit by foul ball strikes out at Court of Appeals
A baseball organization in Lake County is not liable for the injuries a fan suffered when she was hit in the face by a foul ball during a game, the Indiana Court of Appeals ruled Friday.
COA split on whether judge can order community service in lieu of fines
Two judges on the Indiana Court of Appeals decided that a trial judge didn’t have statutory authority to order an indigent woman to perform community service instead of paying fines and costs of her case, ordering the court to address the issue of imposing fees and costs.
Judges rule in favor of bank on request to end trust
A beneficiary of a trust couldn’t prove to the Indiana Court of Appeals that the purpose of the trust, created by her mother, was to benefit any grandchildren and because there are no grandchildren, the trust should be terminated.
Legislation on judicial nominating commission members moves to House
A bill that would require the governor to appoint nonattorney members to the Judicial Nominating Commission from a list of legislator-approved candidates passed the Senate 46-2 Thursday.
Allen Superior judge to retire in April
Judge Stephen M. Sims of Allen Superior Court announced Thursday he will retire April 26 after nearly 20 years on the bench.
Brown, first African-American elected to statewide office, dies
Dwayne M. Brown, 50, the first African-American and youngest person elected to statewide office, died Feb. 12. He served as clerk of the Indiana appellate courts before being removed from office in 1994 amid allegations of ghost employment and sexual harassment.
Indianapolis police officer’s trial moved to Allen County
The trial of David Bisard, the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one motorcyclist and injuring two others, will be moved from Marion County to Allen County.
Jury to begin deliberating in Don Marsh trial
A jury is expected to begin deliberating Friday afternoon whether Don Marsh owes Marsh Supermarkets Inc. more than $3 million in personal expenses he allegedly charged the company while he was CEO.
Opinions Feb. 14, 2013 ILD
Indiana Court of Appeals
American Acceptance Co., LLC., as Assignee of Washington Mutual Finance v. Melissa Willis
42A04-1208-CC-466
Civil collection. Affirms denial of American Acceptance Co.’s motion for a garnishment order against Willis. Given Willis’ financial circumstances, the trial court didn’t abuse its discretion.
Daquan Whitener v. State of Indiana
20A04-1205-CR-254
Criminal. Affirms conviction of Class A felony burglary and the determination that Whitener register as a sex offender as a condition of probation. The state presented evidence of a probative nature from which a reasonable trier of fact could have found beyond a reasonable doubt that Whitener’s entry of K.A.’s home was unauthorized and that he was guilty of burglary as a Class A felony. Dismisses the state’s cross-appeal of whether the court properly declined to enter a judgment of conviction for rape as a Class B felony based on double jeopardy principles.
Omar G. Burton v. State of Indiana (NFP)
03A01-1206-CR-263
Criminal. Affirms sentence imposed following revocation of probation.
James N. Arnold v. State of Indiana (NFP)
16A01-1206-CR-252
Criminal. Affirms conviction of Class D felony being a habitual traffic violator and the Class C infraction of disregarding a traffic control device.
David Garden and Star Homes, Inc. d/b/a Garden Homes Realty v. Lucas International, LLC and Wade Lucas (NFP)
49A02-1206-CC-523
Civil collection. Affirms denial of David Garden’s and Garden Homes Realty’s motion to set aside default judgment.
Kevin Pendleton v. State of Indiana (NFP)
34A05-1207-CR-383
Criminal. Affirms convictions of two counts of Class B felony conspiracy to commit dealing in cocaine.
Charles L. Myers v. Glen L. Williams (NFP)
77A01-1204-CT-142
Civil tort. Affirms jury verdict awarding Williams $130,000 in damages following an automobile accident.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.
Opinions Feb. 14, 2013
7th Circuit Court of Appeals
In the matter of: Castleton Plaza LP; Appeal of: El-SNPR Notes Holdings LLC
12-2639
U.S. Bankruptcy Court, Southern District of Indiana, Indianapolis Division, Judge Basil H. Lorch III.
Bankruptcy. Holds an equity investor cannot evade the competitive process by arranging for the new value to be contributed by (and the new equity to go to) an “insider” as 11 U.S.C. Section 101(31) defines that term. Competition is essential whenever a plan of reorganization leaves an objecting creditor unpaid yet distributes an equity interest to an insider.
Judge-backed court staff attorney pilot program bill moves out of committee
Legislation that would create a pilot program administered by the Indiana Judicial Center to assist trial courts when preparing and writing certain motions moved out of the House Committee on Courts and Criminal Code 11-0.
Rejection of garnishment request upheld
A collection company seeking to garnish a woman’s wages in order to satisfy an alleged $1,800 debt was unable to convince the Indiana Court of Appeals that the trial court had to issue the garnishment order.
Judges affirm defendant must register as sex offender as part of probation
A defendant who was convicted of robbery and rape, but whose rape conviction was vacated on double jeopardy concerns, can still be required to register as a sex offender as a condition of his probation, the Indiana Court of Appeals affirmed Thursday.
Defendant received ineffective trial counsel assistance in murder case
The Indiana Court of Appeals reversed the denial of a Delaware County man’s post-conviction relief petition finding his trial attorney was ineffective in not ensuring the jury was properly instructed on the elements of murder, voluntary manslaughter and the state’s burden of proof regarding sudden heat.
Senate president calling for constitutional convention to protect states’ rights
Declaring that states’ rights are being trampled and the 10th Amendment is in shambles, the leader of the Indiana Senate is calling for a “gathering of states” to amend the U.S. Constitution.
7th Circuit orders proposed plan of reorganization open to competitive bidding
The 7th Circuit Court of Appeals reversed a Southern District Bankruptcy judge Thursday, finding the judge incorrectly ruled that competition was unnecessary in a plan of reorganization involving a shopping center.