Opinions Oct. 8, 2012 ILD
Courts are closed Oct. 8 in observance of Columbus Day. No appellate court opinions were issued.
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Articles
Indiana farmer’s tangle with seed producer over patent infringement gets SCOTUS review
The Supreme Court of the United States has agreed to review a federal appeals court decision regarding patent infringement in a case involving an Indiana farmer and a seed producer.
Attorneys general warn against federal payday loan regulation
A bill in Congress that would extend federal regulation to the payday lending industry would pre-empt state laws and undermine consumer safeguards, Indiana Attorney General Greg Zoeller warned in a letter signed by 40 attorneys general.
Zoeller: Problem-solving courts may help fight Rx abuse
Indiana Attorney General Greg Zoeller said a newly formed prescription drug abuse task force will examine whether special problem-solving courts may be a venue for fighting prescription painkiller abuse.
Weinberger seeks sentence of time served
Former Merrillville ear, nose and throat doctor Mark Weinberger on Monday asked a federal court to sentence him to time served for the 22 counts of health care fraud to which he pleaded guilty.
Justices tackle home foreclosure issue involving MERS
Indiana Justice Mark Massa, writing for the court Thursday, delved into the history of the Mortgage Electronic Registration Systems Inc. and its role in today’s mortgage industry in a case involving a foreclosed home in Madison County.
Former state bar president, IU trustee dies
Frederick F. Eichhorn Jr., a retired attorney who served as president of the Indiana State Bar Association in the 1980s has died.
Opinions Oct. 5, 2012 ILD
The 7th Circuit Court of Appeals posted no Indiana opinions before IL deadline Friday.
Indiana Supreme Court and Tax Court posted no opinions before IL deadline Friday.
Indiana Court of Appeals
Term. of Parent-Child Rel. of T.O., S.O., B.O., R.O., Z.O., E.O., & G.O. (Minor Children), and J.C. (Mother) v. The Indiana Dept. of Child Services (NFP)
85A05-1204-JT-170
Juvenile/termination of parental rights. Affirms termination of parental rights.
Joseph J. Suscha v. State of Indiana (NFP)
06A01-1203-CR-95
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class A misdemeanor operating a vehicle while intoxicated.
Keith Hosea v. State of Indiana (NFP)
24A01-1202-CR-76
Criminal. Affirms revocation of probation.
Christopher Cones v. Tina (Cones) Iannotti (NFP)
49A02-1108-DR-783
Domestic relation. Dismisses in part and reverses in part, rejecting father’s appeal as untimely, ordering a revaluation of the family business and ordering recalculation of child support due. Judge Brown concurs in part and dissents in part.
Opinions Oct. 5, 2012
Indiana Court of Appeals
Heartland Crossing Foundation, Inc. v. Chris M. Dotlich
55A01-1203-SC-119
Small claims. Affirms judgment in favor of Dotlich on a breach of contract claim, holding that the trial court did not err in rejecting Heartland’s claim for attorney fees assessed on the late payment of homeowner association dues. The trial court had called an “administrative fee” assessed to Dotlich “nothing more than an abusive junk fee.”
Appeals court affirms rejection of HOA ‘abusive junk fee’
A Morgan County man who took no action to defend a judgment in his favor nevertheless prevailed in the Indiana Court of Appeals on Friday. The judges upheld a trial court ruling that rejected a homeowners association charge it called an “abusive junk fee.”
Northwest Indiana officials indicted on federal charges
Six people in northwest Indiana, including three council members, were indicted Thursday on federal charges resulting from an investigation by the Northern District of Indiana’s Public Corruption Task Force.
Opinions Oct. 4, 2012 ILD
Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Indiana Court of Appeals
In the Matter of Minor Children Alleged to be in Need of Services, T.G., A.G., and D.G., Minor Children; L.E., Mother v. Indiana Dept. of Child Services (NFP)
53A01-1203-JC-130
Juvenile CHINS. Affirms finding children are children in need of services.
L.D.P. v. State of Indiana (NFP)
71A04-1203-JV-161
Juvenile. Affirms order L.D.P. pay restitution secondary to her adjudication as a delinquent child.
Ryan K. Powell v. State of Indiana (NFP)
19A01-1205-CR-195
Criminal. Affirms revocation of placement in community corrections and revocation of probation.
Ronald A. Bohannon v. State of Indiana (NFP)
28A01-1203-CR-115
Criminal. Affirms post-conviction court did not err in denying claim that Bohannon’s sentence violated prohibitions against double jeopardy, that the state violated I.C. 35-34-1-5(e), and in finding that Bohannon received effective assistance of counsel. Remands to correct his sentence in accordance with the post-conviction court’s determination that his original sentence for Count III was impermissibly enhanced twice.
D.B. v. State of Indiana (NFP)
20A05-1201-PC-18
Post conviction. Affirms denial of petition for post-conviction relief.
Brandon A. Henson v. State of Indiana (NFP)
10A01-1201-CR-013
Criminal. Affirms conviction of Class A felony attempted murder.
David Allen Jones v. State of Indiana (NFP)
10A05-1201-CR-16
Criminal. Affirms conviction of Class A felony attempted murder.
Justine Miller v. Anonymous Healthcare Organization, DOE 1, DOE 2, DOE 3, DOE 4, and DOE 5 (NFP)
49A02-1201-CT-117
Civil tort. Affirms grant of summary judgment in favor of the health care organization on Miller’s claims of slander and infliction of emotional distress.
Melissa Ramos Johnson v. State of Indiana (NFP)
45A03-1203-CR-138
Criminal. Affirms sentence following guilty plea to Class B felonies aggravated battery and neglect of a dependent.
Thomas Carr v. State of Indiana (NFP)
15A01-1202-CR-67
Criminal. Affirms sentence for two counts of Class B felony robbery while armed with a deadly weapon and two counts of possession of a firearm by a serious violent felon.
Marcel D. Johnson v. State of Indiana (NFP)
45A05-1201-CR-28
Criminal. Affirms convictions of Class B felony dealing in cocaine and Class A misdemeanor possession of marijuana.
Opinions Oct. 4, 2012
7th Circuit Court of Appeals
Angelina Povey v. City of Jeffersonville, Indiana
11-1896
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Richard L. Young.
Civil. Affirms summary judgment for the city on Povey’s claim that her termination of employment by the city animal shelter violated the Americans with Disabilities Act and on her retaliation claim. Povey failed to meet her burden to demonstrate that she was disabled under the ADA and is not protected by its provisions.
Death row inmate’s habeas petition denied
A federal judge in South Bend has denied a death row inmate’s request for habeas corpus, rejecting the man’s claims that he is mentally retarded and, therefore, cannot be sentenced to death.
7th Circuit rules against fired animal shelter worker
The 7th Circuit Court of Appeals has affirmed summary judgment for the city of Jeffersonville after finding that a terminated employee’s lawsuit claiming her firing violated the Americans with Disabilities Act can’t proceed because the woman doesn’t qualify as “disabled” under the ADA.
Judges’, prosecutors’ pension funds receive split of surplus reserves
Indiana’s Judges’ Pension Fund and Prosecutors’ Pension Fund will receive nearly 30 percent of the $360 million in surplus money from the state reserves, the governor’s office announced Thursday.
Clinical professor to give Fuchs Lecture at Maurer
A nationally known leader in clinical education will deliver the Ralph F. Fuchs Lecture at Indiana University Maurer School of Law Oct. 8 on the impact of in-house clinics on law students.
Bar releases results of judicial candidate evaluation
Evansville Bar Association members have overwhelmingly recommended five of the seven candidates running for Vanderburgh Superior Court, based on results from a recent survey.
Opinions Oct. 3, 2012 ILD
7th Circuit Court of Appeals posted no opinions by IL deadline.
Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Indiana Court of Appeals
Billy G. Ray v. Connie A. Ray (NFP)
41A05-1203-DR-130
Domestic relation. Reverse court order with respect to the amount of Billy Ray’s child support obligation and remands for the court to hold a new hearing to determine his obligation, and whether Connie Ray is entitled to attorney fees for this appeal. Affirms denial of Billy Ray’s petition to modify custody and the court’s decision to modify his parenting time.
David J. Morton v. State of Indiana (NFP)
10A05-1202-CR-63
Criminal. Affirms conviction and sentence for Class B felony burglary.
Opinions Oct. 3, 2012
Indiana Court of Appeals
Steven B. Steele v. State of Indiana
49A05-1202-CR-54
Criminal. Affirms denial of motion to suppress. Evidence Rule 617 does not apply in this case because the police officer’s interrogation of Steele did not occur in a place of detention. The rule also does not explicitly or implicitly impose an affirmative duty on law enforcement officers to transport a person to a place of detention before conducting a custodial interrogation.