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Opinions Nov. 2, 2012

November 2, 2012

Indiana Court of Appeals
Joshua A. Bostic v. State of Indiana
12A02-1202-CR-154
Criminal. Affirms convictions of Cass C felony attempted battery by means of a deadly weapon and criminal recklessness; Class D felony arson; Class A misdemeanor criminal mischief; and Class B misdemeanor criminal mischief, holding that Bostic waived his right to appeal under Criminal Rule 4(C) by failing to object to trial delays before the trial court. The court also found he likewise waived his right to appeal the process for appointing a special judge. Remands to the trial court to correct the sentencing order, abstract of judgment, and chronological case summary to reflect that Bostic’s 12-year habitual offender enhancement is an enhancement to his sentence for felony criminal recklessness, and not a separate conviction.

Appeals court: Felon waived speedy trial, judge challenges

November 2, 2012

A man convicted of multiple felonies lost his appeal when the court determined he had not objected to matters raised in the appeal during his jury trial or sentencing.

Tea party radio ad opposes David’s retention; Shepard gives backing

November 2, 2012

Indianapolis Tea Party Corp. has produced a radio advertisement critical of Justice Steven David ahead of his retention vote on Tuesday.

Common Cause, ACLU sue over Marion County judge slating

November 2, 2012

The way Marion Superior judges are elected is unconstitutional, a suit filed Thursday by Common Cause and the American Civil Liberties Union of Indiana alleges.

Opinions Nov. 1, 2012 ILD

November 1, 2012

The following not-for-publication opinions were posted by IL deadline. For-publication decisions are detailed in the opinions stories above.

Indiana Court of Appeals
Joshua Shipley v. State of Indiana (NFP)
07A05-1204-CR-225
Criminal. Affirms sentence for Class B felony criminal confinement with a deadly weapon.

Jeffrey S. Heironimus v. State of Indiana (NFP)
82A01-1204-CR-152
Criminal. Affirms admission of evidence of witness identifications made after a warrantless entry into an accomplice’s residence.

Angela R. Elliott v. State of Indiana (NFP)
13A04-1201-CR-11
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class D felony maintaining a common nuisance, and Class A misdemeanors possession of paraphernalia and resisting law enforcement.

Brian S. Fleming v. State of Indiana (NFP)
82A05-1202-CR-100
Criminal. Affirms conviction of Class D felony intimidation.

Stephen L. Reed v. State of Indiana (NFP)
02A03-1205-CR-216
Criminal. Affirms sentence for Class C felony corrupt business influence.

Bryan Jann v. Review Board of the Indiana Dept. of Workforce Development and C&B Custom Modular, Inc. (NFP)
93A02-1112-EX-1185
Agency appeal. Affirms decision by review board that Jann, by failing to appear, had presented no evidence to support claim for unemployment benefits.

Darrius Woods v. State of Indiana (NFP)
20A03-1202-CR-90
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Kenneth Hawkins v. Debra Hawkins (NFP)
49A02-1203-DR-206
Domestic relation. Affirms distribution of assets and declines to award Debra Hawkins attorney fees.

David J. Bogolia and Nikki Schafer v. John Danielson, M.D. (NFP)
64A04-1201-CC-42
Civil collection. Affirms denial of Bogolia’s and Schafer’s motion for partial summary judgment and their motion to strike Dr. Danielson’s response to that motion.

Opinions Nov. 1, 2012

November 1, 2012

Indiana Court of Appeals
Leslie Bridges v. Veolia Water Indianapolis, LLC, Veolia Water North America Operating Service, LLC, and The City of Indianapolis, Dept. of Waterworks
49A02-1112-CC-1097
Civil collection. Affirms trial court dismissal of Bridges’ class action filed after her water was turned off for nonpayment, finding Bridges failed to exhaust the administrative remedies available at the Indiana Utilities Regulatory Commission. She had to seek those remedies before seeking judicial relief. Concludes that I.C. 8-1-2-68 through -70 grant the IURC exclusive jurisdiction over Bridges’ claim regardless of whether it is treated as a challenge to and request for reimbursement of the reconnect fee or as a challenge to the allegedly improper act of terminating her residential water service in a manner inconsistent with the terms of the tariff.

Rush to join Supreme Court Nov. 7

November 1, 2012

Indiana’s newest justice Loretta Rush will have a private swearing in ceremony Nov. 7. Her public ceremony will be held Dec. 28. Rush is just the second woman to serve on the state Supreme Court.

Justices suspend attorney for 3 years

November 1, 2012

Three Indiana justices have decided that a Boone County attorney should be suspended for at least three years because his repeated misconduct has “injured his clients” and “tarnished the reputation of the legal profession.”

Woman did not exhaust administrative remedies before suing

November 1, 2012

The Indiana Court of Appeals agreed with a Marion Superior judge that the courts do not have jurisdiction over a woman’s lawsuit concerning the disconnection of her water because the woman did not exhaust all her available administrative remedies before suing.

PCF may not present evidence to dispute injury

November 1, 2012

The Indiana Supreme Court ruled Wednesday that in a case involving a boy diagnosed with a mild form of cerebral palsy, the Indiana Patient’s Compensation Fund may not present evidence to dispute the existence or cause of the boy’s injury while defending his petition for excess damages from the fund.

Indianapolis accounting firm settles with Fair Finance trustee

November 1, 2012

Somerset CPAs P.C. will pay $500,000 to settle litigation brought by the bankruptcy trustee of Fair Finance Co., the Ohio-based firm convicted financier Tim Durham used to conduct a major Ponzi scheme.

Opinions Oct. 31, 2012 ILD

October 31, 2012

The following not-for-publication opinions were posted by IL deadline. For-publication decisions are detailed in the opinion stories above.

Indiana Court of Appeals
Gaude L. Hughes v. State of Indiana (NFP)
49A05-1203-CR-132
Criminal. Affirms conviction of Class A felony voluntary manslaughter.

Billy Fox, Jr. v. Rogers Building Ventures, et al. (NFP)
53A05-1203-CP-160
Civil plenary. Affirms denial of objection to personal jurisdiction and the motion to set aside judgment.

Joshua D. Hughes v. State of Indiana (NFP)
02A03-1112-PC-591
Post conviction. Affirms denial of Ind. Trial Rule 72(E) request for an extension of time within which to appeal the denial of petition for post-conviction relief.

C.L. v. State of Indiana (NFP)
27A02-1203-JV-232
Juvenile. Affirms adjudication as delinquent for would be Class C felony battery if committed by an adult.

Term. of the Parent-Child Rel. of D.C.: L.B. (father) v. The Indiana Dept. of Child Services (NFP)
82A01-1203-JT-114
Juvenile. Affirms involuntary termination of parental rights.

Troy and Mary Hill v. Beta Steel Corporation (NFP)
93A02-1203-EX-215
Agency appeal. Affirms denial of death benefits.

In the Matter of the Term. of the Parent-Child Rel. of A.A.M., and B.J. v. Indiana Dept. of Child Services (NFP)
02A03-1201-JT-42
Juvenile. Affirms involuntary termination of parental rights.

Lukuman Aderbigbe v. State of Indiana (NFP)
49A04-1203-PC-219
Post conviction. Affirms denial of petition for post-conviction relief.

Kenneth W. Gilland v. State of Indiana (NFP)
32A01-1203-CR-143
Criminal. Reverses order that Gilland pay more than $20,000 in restitution. Because Gilland agreed to pay nearly $10,000 in restitution in a plea agreement, he may not challenge the portion that relates to the loss in value of a motorcycle on appeal. Remands with instructions to reduce the restitution order to $9,949.62.

James R. Ferguson v. State of Indiana (NFP)
48A02-1110-CR-968
Criminal. Affirms conviction of Class C felony sexual misconduct with a minor.

Gregory J. Schnelker v. Indiana Department of Insurance Patient's Compensation Authority (NFP)
49A02-1201-CT-33
Civil tort. Affirms order which declined to award Schnelker damages for loss of wages and capacity and for increased risk of future harm.

Timothy A. Stevens v. State of Indiana (NFP)
64A03-1111-PC-525
Post conviction. Affirms denial of petition for post-conviction relief.

Steven Hook, Sr. v. State of Indiana (NFP)
71A04-1204-CR-203
Criminal. Affirms conviction of Class C felony battery with a deadly weapon.

Mark Williams v. State of Indiana (NFP)
49A04-1201-CR-4
Criminal. Grants rehearing and affirms original opinion in all respects, which affirmed the order Williams serve his entire sentence that was suspended at the time of initial sentencing.

Frederic Williams v. State of Indiana (NFP)
49A05-1110-PC-621
Post conviction. Affirms denial of petition for post-conviction relief.

Term. of the Parent-Child Rel. of J.D.: W.H. v. Indiana Dept. of Child Services (NFP)
79A02-1203-JT-201
Juvenile. Affirms termination of parental rights.

Opinions Oct. 31, 2012

October 31, 2012

Indiana Court of Appeals
Robertson Fowler v. State of Indiana
49A05-1202-PC-68
Post conviction. Affirms denial of petition for post-conviction relief. Fowler received a benefit at the time he entered into his plea bargain, so he may not now challenge the sentence as illegal.

Police had reasonable suspicion to stop men, search bag

October 31, 2012

The Indiana Court of Appeals disagreed with an appellant who claimed police did not have reasonable suspicion to believe he and two other men were involved in criminal activity, which led to their stop and his eventual conviction of Class A felony attempted dealing in methamphetamine.

Man can’t challenge sentence as illegal

October 31, 2012

Because a defendant entered into a beneficial plea agreement, the Indiana Court of Appeals denied his request for post-conviction relief. The man argued that a Supreme Court decision handed down while he was appealing should require that his sentence be reduced.

Court affirms man’s sentence for murdering wife

October 31, 2012

A Lawrence County man was unable to convince the Indiana Court of Appeals that his 65-year sentence for the murder of his wife in 2009 should be reduced to the advisory sentence of 55 years.

Indianapolis attorney appointed to bankruptcy court

October 31, 2012

Faegre Baker Daniels LLP partner James M. Carr has been appointed to a 14-year term as U.S. Bankruptcy Judge in the U.S. District Court for the Southern District of Indiana. Carr joins the bench Jan. 1.

Justices vacate transfer in business dispute

October 31, 2012

After hearing arguments Oct. 24 in a dispute between former shareholders of a company and the new owners over what assets the new owners should receive, the Indiana Supreme Court decided that the Court of Appeals decision should stand.

Common carrier entitled to more tax exemptions

October 31, 2012

A Wabash-based company that relocates oversized factory machinery won a partial victory in the Indiana Tax Court Tuesday. Judge Martha Wentworth ordered the Indiana State Department of Revenue to reassess the company’s tax obligations after finding some property should be considered exempt.

Opinions Oct. 30, 2012 ILD

October 30, 2012

The following are not-for-publication decisions released by IL deadline. For publication opinions are detailed in the opinion stories above.

Indiana Court of Appeals
Kevin Reaves v. State of Indiana (NFP)
49A02-1202-CR-131
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

In the Matter of the Revocable Trust of Mary Ruth Moeder (NFP)
49A02-1205-TR-377
Trust. Affirms order modifying the trust agreement.

Thomas R. Clements v. State of Indiana (NFP)
20A03-1204-CR-161
Criminal. Affirms denial of verified petition for permission to file a belated notice of appeal.

State of Indiana v. Christopher Holloway (NFP)
49A02-1203-CR-240
Criminal. Reverses revision of Holloway’s sentence and remands with instructions to reinstate the original sentence.

Demetriese Gunn v. State of Indiana (NFP)
49A02-1202-CR-152
Criminal. Affirms convictions of Class C felony neglect of a dependent and Class D felony strangulation.

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