Supreme Court denies 17 cases for transfer
Last week, the Indiana Supreme Court only took one case on transfer, which it ruled on Dec. 19. The justices declined to take 17 other cases.
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Articles
Opinions Dec. 27, 2012 ILD
Indiana Court of Appeals
Thursday
John T. Brightwell v. State of Indiana (NFP)
45A03-1205-CR-218
Criminal. Reverses denial of motion to correct erroneous sentence and remands for correction.
Eric D. Smith v. State of Indiana (NFP)
49A02-1206-CR-460
Criminal. Denies Smith’s motion for leave to file an appeal and dismisses it with prejudice.
Term. of the Parent-Child Rel. of R.D. (Minor Child), and M.D. (Father) v. The Indiana Dept. of Child Services (NFP)
79A02-1205-JT-394
Juvenile. Affirms termination of parental rights.
Todd Fuller v. State of Indiana (NFP)
02A03-1205-CR-223
Criminal. Affirms 3-year sentence for Class D felony domestic battery in the presence of a child and Class A misdemeanor interference with the reporting of a crime.
Michael Craig v. State of Indiana (NFP)
49A02-1205-CR-395
Criminal. Affirms convictions of Class B felony burglary, Class D felony theft and adjudication as a habitual offender.
Lee E. Davis, Jr. v. State of Indiana (NFP)
02A04-1205-CR-241
Criminal. Affirms sentence for Class B felony robbery.
Kent A. Easley v. State of Indiana (NFP)
73A01-1207-CR-333
Criminal. Affirms denial of petition for post-conviction relief.
Donald and Jennie Walker v. Glenn Sermersheim (NFP)
29A02-1204-CC-338
Civil collections. Affirms order awarding the Walkers’ former attorney $14,800. Denies Sermersheims’ request for attorney fees.
Mark A. Guffey v. Deborah L. Guffey (NFP)
36A01-1204-DR-171
Domestic relation. Affirms denial of father’s request to modify custody and the trial court’s modification of his parenting time and child support obligation, and the finding that he owed a child support arrearage.
David Darst v. Indiana Dept. of Correction and Bruce Lemmon in his official capacity as Commissioner (NFP)
46A03-1206-CT-288
Civil tort. Reverses dismissal of Darst’s claims against the DOC, but affirms dismissal of his claim against Lemmon.
Robert J. Pearson v. State of Indiana (NFP)
84A04-1204-CR-221
Criminal. Affirms revocation of probation.
Elbert M. Jones, II v. State of Indiana (NFP)
02A04-1204-CR-216
Criminal. Affirms conviction and sentence for Class B felony robbery.
Mark Allen Pratt v. State of Indiana (NFP)
76A04-1205-CR-268
Criminal. Affirms conviction of Class C felony child molesting.
Wednesday
Sharif Fields v. State of Indiana (NFP)
49A04-1205-PC-249
Post conviction. Affirms denial of petition for post-conviction relief.
Billy Adams v. State of Indiana (NFP)
49A02-1205-CR-422
Criminal. Affirms convictions of Class C felony criminal confinement and Class D felony domestic battery.
Robert D. Ratcliff v. State of Indiana (NFP)
85A05-1205-CR-248
Criminal. Affirms convictions and sentence for Class C felony burglary and Class D felony auto theft.
In Re the Paternity of C.C.M.: M.M. v. V.K.H. (NFP)
64A03-1205-JP-230
Juvenile. Reverses parenting time order and remands for a redetermination of that issue in accordance with the opinion. Affirms trial court did not abuse its discretion in declining to hold mother in contempt and order father pay a portion of mother’s attorney fees.
In Re the Involuntary Term. of the Parent-Child Rel. of K.R.: D.R. v. The Indiana Dept. of Child Services (NFP)
18A02-1202-JT-104
Juvenile. Affirms involuntary termination of parental rights.
Christopher White v. State of Indiana (NFP)
49A04-1203-PC-102
Post conviction. Affirms conviction of Class C felony fraud on a financial institution and denial of White’s petition for post-conviction relief.
Allen Clark v. State of Indiana (NFP)
49A05-1204-CR-188
Criminal. Affirms sentence for Class B felony attempted rape and Class A misdemeanor battery.
Jonathon P. Grigsby v. State of Indiana (NFP)
84A01-1205-CR-238
Criminal. Affirms reinstatement of previously suspended sentence following revocation of Grigsby’s probation.
Karl Kapanke, Universal Am-Can, Ltd., and M.C. Schmitt Trucking, Inc. v. James Stovall and Tracy Stovall (NFP)
45A03-1201-CT-12
Civil tort. Affirms judgment for the Stovalls on their claims of negligence and loss of consortium following a jury trial.
Jeffrey Adams v. State of Indiana (NFP)
48A02-1205-CR-385
Criminal. Affirms revocation of probation and execution of the remainder of Adams’ suspended sentence.
Opinions Dec. 27, 2012
7th Circuit Court of Appeals
United States of America v. Fairly W. Earls
11-3347
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms conviction of making a false statement on a passport application, aggravated identity theft and knowingly transferring a stolen identification document. Affirms the admission of certain evidence at Earls’ trial and finds the District Court did not err in its calculation of his offense level.
COA affirms ruling in suit brought after fatal train accident
The trial court did not err in concluding that a genuine issue of material fact exists as to whether federal preemption applies with respect to the adequacy of the traffic warning devices installed at a railroad crossing where a fatal accident occurred in 2009, the Indiana Court of Appeals affirmed Thursday.
Appeals court reinstates injured motorist’s claim against insurer
A driver’s claim against an insurance company that was dismissed by a trial court was reinstated by the Indiana Court of Appeals on Thursday.
Price of postage is not enough for 7th Circuit to review NLRB’s ruling
The cost of a postage stamp was not enough for Beck objectors to request a refund from their unions, the 7th Circuit Court of Appeals has ruled.
Appeals court upholds Medicaid fraud charges
A woman charged with defrauding Indiana’s Medicaid program of nearly $350,000 lost the appeal of her partial motion to dismiss the charges.
Sensient settles over use of ‘popcorn lung’ chemical
Sensient Flavors LLC will pay a smaller fine in exchange for agreeing to reduce the amount of a chemical it uses at its Indianapolis plant, as part of a settlement it has reached with state regulators.
Opinions Dec. 26, 2012 ILD
The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline. The Indiana Supreme Court, Court of Appeals and Tax Court were closed Wednesday due to the weather.
Snow forces court, office closures
Many people in Indiana may be enjoying an extra-long Christmas vacation thanks to blizzard-like conditions in parts of the state. Heavy snow and high winds have led to closures, including Indiana’s appellate courts.
Comments being accepted on bankruptcy local rules
The judges of the U.S. Bankruptcy Court for the Southern District of Indiana are considering amendments to two local rules: B-4001-3 and B-4008-1.
Opinions Dec. 21, 2012 ILD
Indiana Court of Appeals
Charles D. Stutz v. State of Indiana (NFP)
32A04-1205-CR-255
Criminal. Affirms convictions of Class D felonies resisting law enforcement and intimidation.
Michael R. Anderson, Jr. v. State of Indiana (NFP)
71A04-1204-CR-220
Criminal. Affirms convictions of Class C misdemeanor operating a motor vehicle while never having received a driver’s license, Class A misdemeanor possession of marijuana and possession of marijuana as a Class D felony.
Term. of the Parent-Child Rel. of B.W., Minor Child; R.C., Father v. Indiana Dept. of Child Services (NFP)
02A03-1204-JT-173
Juvenile. Affirms involuntary termination of parental rights.
Joseph Lamar Johnson v. State of Indiana (NFP)
18A04-1206-CR-316
Criminal. Affirms sentence following conviction of Class D felony possession of marijuana after a jury found Johnson guilty of Class A misdemeanor possession of marijuana and found he had previously been convicted of possession of marijuana.
Anthony K. McCullough v. State of Indiana (NFP)
49A02-1110-CR-955
Criminal. Grants rehearing and reverses previous decision. Now affirms the revocation of McCullough’s probation.
Opinions Dec. 21, 2012
Indiana Court of Appeals
Steven E. Malloch v. State of Indiana
17A03-1201-CR-37
Criminal. Affirms conviction of Class A felony child molesting for an incident involving his stepdaughter. There was no prosecutorial misconduct and the trial court did not err by admitting Malloch’s apology letter to C.P. Although Malloch did not receive a perfect trial, the appellate judges are confident he received a fair trial.
Man’s child molesting conviction upheld
The Indiana Court of Appeals acknowledged that although a defendant did not receive a perfect trial, it is confident that Steven Malloch received a fair trial on a charge of Class A felony child molesting relating to his stepdaughter.
COA upholds cocaine convictions, sentence
The Indiana Court of Appeals rejected a defendant’s arguments to overturn his two convictions of Class A felony possession of cocaine, including that he should have been granted a speedy trial and the trial court erred when it rejected his tendered jury instruction.
Judges affirm criminal recklessness conviction
Someone shooting at a residence, for purposes of a criminal recklessness prosecution, may create a substantial risk of bodily injury to another person even if the resident is away from the home at the moment of the shooting, the Indiana Court of Appeals held in a first impression case.
3 charged in Indianapolis home explosion
Marion County Prosecutor Terry Curry announced Friday that three people have been arrested in connection with a home explosion in an Indianapolis suburb that killed two people last month and damaged dozens of homes.
Supreme Court denies Star appeal in online commenter case
The Indiana Supreme Court on Thursday denied transfer in The Indianapolis Star’s appeal of an order that it identify a person who posted an anonymous online comment that has been included in a defamation suit.
Happy holidays!
The Indiana Lawyer daily will not be published Dec. 24 and 25 in observance of Christmas. We wish you a happy holiday!
Judge rules law doesn’t require schools to bus students
A Marion County judge ruled in favor of Franklin Township Community School Corp. on a lawsuit filed by parents after the school contracted its bus transportation services to an outside organization that charged students to ride.