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Opinions Feb. 1, 2013 ILD

February 1, 2013

Indiana Court of Appeals
Judy Canada v. Countrywide Home Loans, Inc., Bank of America, N.A., BAC GP, LLC, and BAC Home Loans Services, LP (NFP)
49A05-1203-PL-154
Civil plenary. Affirms grant of a motion to reconsider filed by Bank of America in which the trial court reaffirmed its dismissal of Count I of Canada’s class action brought as a Complaint For Fraud on the court and dismissed Count II, which contained an allegation of violations of the Indiana Racketeer Influenced and Corrupt Organizations Act.

Alvino Pizano v. IDOC Commissioner Bruce Lemmons, IDOC Parole Chairman Gregory Server, CIF Superintendent Wendy Knight (NFP)
48A02-1209-MI-770
Miscellaneous. Affirms dismissal of lawsuit.

Term. of the Parent-Child Rel. of: Se.L.; N.L.; G.L.; J.L.; Sh.L.; L.L.; & I.L. (Minor Children), and D.L. (Mother) v. The Indiana Dept. of Child Services (NFP)
48A02-1207-JT-537
Juvenile. Affirms termination of parental rights.

Christopher Hanneman v. State of Indiana (NFP)
67A05-1207-CR-344
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

Theresa Pressinell v. State of Indiana (NFP)
20A03-1206-CR-267
Criminal. Affirms sentence following guilty plea to two counts of dealing in methamphetamine as Class A felonies.

Larry Johnson v. State of Indiana (NFP)
82A01-1111-CR-602
Criminal. Affirms denial of motion to correct error.

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

Opinions Feb. 1, 2013

February 1, 2013

7th Circuit Court of Appeals
Eugene Devbrow v. Dr. Eke Kalu, et al.
12-2467
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Reverses judgment for the defendants on prisoner Devbrow’s suit that two prison doctors and a prison nurse were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. The statute of limitations for a Section 1983 deliberate-indifference claim brought to redress a medical injury doesn’t begin to run until the plaintiff knows of his injury and its cause, so his suit is timely.

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February 1, 2013

On The Move highlights employment news, awards and honors attorneys receive, and board appointments or elected positions. Digital images should be 200 dpi and saved as eps, tiff or jpg. Color images are preferred. Information must be submitted at least 10 days before the Wednesday issue in which it is to appear. Submit your announcement […]

Judges uphold sentence, but revise original opinion

February 1, 2013

The Indiana Court of Appeals granted a defendant and the state’s petitions for rehearing a case involving a plea agreement in order to correct a misstatement of the law.

7th Circuit reverses dismissal of prisoner’s suit

February 1, 2013

A lawsuit filed by a prisoner at the Pendleton Correctional Facility against two prison doctors and a nurse after he learned he had prostate cancer is allowed to continue after the 7th Circuit Court of Appeals reversed the dismissal of his suit.

Right to hunt amendment hearing Monday

February 1, 2013

The Senate Agriculture and Natural Resources Committee will hear Senate Joint Resolution 7 Monday, which looks to add to the Indiana Constitution the right to hunt and fish.

On the Move – 1/30/13

February 1, 2013

See who’s joined Indiana firms, made partner or honored recently.

House Judiciary Committee to look at foreclosure fee, privacy issues

February 1, 2013

At Monday’s House Judiciary Committee, members will discuss three bills, including one that requires a court clerk to collect a $50 mortgage foreclosure counseling and education fee in certain cases.

Opinions Jan. 31, 2013 ILD

January 31, 2013

Indiana Court of Appeals
Reuban L. Strong, Jr. v. State of Indiana (NFP)
84A01-1205-CR-235
Criminal. Affirms revocation of placement in work release.

Joseph J. Rheubottom, Jr. v. State of Indiana (NFP)
84A01-1205-CR-244
Criminal. Affirms sentence following guilty plea of Class B felony neglect of a dependent.

Bernard Carter, Prosecuting Attorney, Lake County, John Buncich, Sheriff of Lake County, and Indiana Dept. of Correction v. Tim J. Hurd (NFP)
45A04-1206-PL-302
Civil plenary. Affirms grant of injunction enjoining the Department of Correction, Lake County sheriff and Lake County prosecutor from requiring Hurd to continue registering as a sex offender.

Schwala M. Royal v. State of Indiana (NFP)
02A03-1206-CR-292
Criminal. Affirms conviction and sentence for Class D felony prostitution as well as revocation of probation.

In Re the Termination of the Parent-Child Rel. of N.W. and D.W. v. Indiana Department of Child Services (NFP)
49A02-1206-JT-480
Juvenile. Affirms involuntary termination of parental rights.

Marvin Willis v. State of Indiana (NFP)
82A01-1206-CR-273
Criminal. Affirms two convictions of Class A misdemeanor driving while suspended.

Steve Pigg v. State of Indiana (NFP)
52A05-1205-CR-318
Criminal. Affirms denial of motion to correct erroneous sentence.

Michael A. O'Brien v. State of Indiana (NFP)
65A01-1205-CR-220
Criminal. Affirms conviction of Class B felony attempted rape.

Brian Buffington v. State of Indiana (NFP)
45A05-1206-CR-297
Criminal. Affirms conviction of Class A felony robbery.

In Re the Involuntary Termination of the Parent-Child Rel. of S.F.; C.P. v. The Indiana Dept. of Child Services (NFP)
02A03-1206-JT-275
Juvenile. Affirms involuntary termination of parental rights.

Edmond MIller v. State of Indiana (NFP)
49A02-1108-CR-721
Criminal. Reverses conviction of Class B misdemeanor disorderly conduct.

Joey Saylor v. State of Indiana (NFP)
58A01-1206-CR-269
Criminal. Affirms order revoking probation and order that Saylor serve remaining two years of previously suspended sentence.

Richard Keith Lazur v. State of Indiana (NFP)
45A04-1207-CR-358
Criminal. Affirms conviction of Class D felony attempted residential entry.

Jovan Fitzhugh v. State of Indiana (NFP)
02A03-1206-CR-255
Criminal. Affirms conviction of Class B felony sexual misconduct with a minor and orders the trial court to vacate the Class C felony sexual misconduct with a minor conviction.

Melvin Sanders v. State of Indiana (NFP)
02A03-1206-CR-262
Criminal. Affirms 60-year sentence for murder.

Dustin L. Grissom v. State of Indiana (NFP)
11A01-1207-CR-301
Criminal. Affirms sentence for Class C felony battery resulting in bodily injury to a pregnant woman and three counts of Class A misdemeanor domestic battery.

Darrol Fox v. State of Indiana (NFP)
49A02-1206-CR-475
Criminal. Affirms denial of motion to suppress evidence.

Keith A. Harlow v. State of Indiana (NFP)
06A01-1206-PC-296
Post conviction. Affirms denial of petition for post-conviction relief.

Torrey Pargo v. State of Indiana (NFP)
49A05-1207-CR-351
Criminal. Affirms sentence for Class D felony intimidation.

Toby Webster v. State of Indiana (NFP)
49A02-1206-CR-522
Criminal. Affirms conviction of Class D felony attempted auto theft and adjudication as a habitual offender.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of V.M. and M.A. v. Indiana Department of Child Services (NFP)
45A03-1205-JT-221
Juvenile. Affirms termination of parental rights.

French Tibbs v. State of Indiana (NFP)
49A02-1205-CR-438
Criminal. Affirms convictions of Class A misdemeanors resisting law enforcement and possession of marijuana.

The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline. The Indiana Supreme Court and Tax Court did not post any decisions by IL deadline.

Opinions Jan. 31, 2013

January 31, 2013

Indiana Court of Appeals
Mark S. Weinberger, M.D., et al. v. Gloria Gill
45A05-1203-CT-107
Civil tort. Affirms award of $150,000 in damages to Gloria Gill following her medical malpractice action. Concludes that the testimony concerning Weinberger’s odd behavior before his flight from the country was relevant evidence because it established an inference of consciousness of guilt.

Fraudulent concealment tolls Wrongful Death Act’s limitations period

January 31, 2013

The Wrongful Death Act’s two-year limitations period is tolled by fraudulent concealment, and plaintiffs whose wrongful death claims have been fraudulently concealed beyond the act’s limitations period have a full two years after the concealment is or should be discovered with reasonable diligence to file their claims, the Indiana Court of Appeals held in a case of first impression.

Former Venture employee turns on Bales during testimony

January 31, 2013

An FBI investigation into Venture Real Estate Services and principals John Bales and Bill Spencer had already begun when Matthew Dyer signed on as the company's controller in December 2009.

Couple had to get permit before installing septic systems

January 31, 2013

Rejecting a couple’s claim that a statute exempted them from having to get a permit before installing septic systems following the construction of their home in an unincorporated area of Allen County, the Indiana Court of Appeals affirmed summary judgment for the health department on the matter.

Court reverses grant of custody to grandmother

January 31, 2013

Finding that the Porter Circuit judge’s ruling is not supported by clear and convincing evidence, the Indiana Court of Appeals ordered the court vacate its award of physical custody of A.S. to her grandmother and return her to the care of her mother.

Husband’s settlement proceeds should be included in marital pot

January 31, 2013

The Indiana Court of Appeals upheld the decision of the Monroe Circuit Court to include a husband’s settlement proceeds from an action against his former employer as a marital asset when he and his wife divorced.

Weinberger owes patient $150k for unnecessary surgery

January 31, 2013

Dr. Mark S. Weinberger, who fled the country for several years after performing numerous unnecessary surgeries on his patients’ sinuses, must pay one patient $150,000 on a medical malpractice claim.

Judges affirm 53-year sentence for bank shooting

January 31, 2013

The man who shot a pregnant teller in Indianapolis, leading to the death of her twins, had his sentence on remand upheld by the Indiana Court of Appeals.

7th Circuit grants injunction in company’s suit against providing employees contraceptives

January 31, 2013

Finding a case out of Madison, Ind., to be nearly identical to one out of Southern Illinois challenging the federal mandate that employers must provide contraceptives to employees despite religious objections, the 7th Circuit Court of Appeals granted an injunction Wednesday.

Governor appoints Bonaventura as DCS head

January 31, 2013

Gov. Mike Pence named Lake Superior Juvenile Senior Judge Mary Beth Bonaventura as director of the Department of Child Services Wednesday.

Opinions Jan. 30, 2013 ILD

January 30, 2013

Indiana Court of Appeals
Jill R. Kincer v. State of Indiana (NFP)
36A01-1207-CR-324
Criminal. Affirms revocation of probation.

David Arndell v. State of Indiana (NFP)
82A04-1206-CR-333
Criminal. Affirms conviction of Class D felony theft and 20-month sentence.

John D. Rogers v. State of Indiana (NFP)
88A01-1208-PC-373
Post conviction. Affirms denial of petition for post-conviction relief.

Kerry L. Williams v. State of Indiana (NFP)
20A03-1111-PC-519
Post conviction. Affirms denial of petition for post-conviction relief.

Demetrius Walker v. State of Indiana (NFP)
49A04-1205-CR-380
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

James A. Crouch v. State of Indiana (NFP)
53A05-1208-CR-417
Criminal. Affirms sentence following finding that Crouch violated several conditions of a drug treatment program.

Monique Rowe v. State of Indiana (NFP)
49A05-1204-JM-165
Juvenile. Affirms conviction of Class B misdemeanor failure to ensure school attendance.

Fernando Seba v. State of Indiana (NFP)
49A02-1207-CR-556
Criminal. Affirms convictions of Class A felony child molesting and two counts of Class C felony child molesting.

Noah Shane Warren v. State of Indiana (NFP)
63A01-1204-CR-165
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony neglect of a dependent as well as a habitual offender enhancement, but reverses conviction of Class D felony maintaining a common nuisance.

Michael Ramos v. Robertson's Apartments (NFP)
71A03-1203-SC-107
Small claim. Grants petition for rehearing to address a point Ramos raises regarding waiver for damages in excess of the small claims jurisdictional limit and affirms original decision in all respects.

Hobert Pittman v. State of Indiana (NFP)
31A01-1204-PC-158
Post conviction. Affirms denial of petition for post-conviction relief.

Kindred Nursing Centers, LTD Partnership d/b/a Wedgewood Healthcare v. Linda Davis (NFP)
93A02-1207-EX-553
Agency action. Affirms Worker’s Compensation Board’s determination that Davis’ injury arose out of her employment.

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

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