Court affirms judgment against home contractor
A home repair contractor lost an appeal of an award against him, but he won’t have to pay the attorney fees of the party that won the judgment, the Indiana Court of Appeals ruled.
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Woman unable to prove attorney actions were prejudicial
A woman’s petition for post-conviction relief on the grounds her trial counsel was ineffective was denied by the Indiana Court of Appeals.
Attorney suspended for taking client’s children from school for hours
A Morgan County attorney who picked up children from school on behalf of their father, who she was representing, and drove them around for several hours without notifying the custodial mother was suspended for six months.
More on Laurie Gray
I was raised in rural Indiana where good wives submit and obey and good children are seen and not heard. I went to college with the understanding that an educated good woman is a teacher or a nurse. So I became a high school teacher.
Court reverses summary judgment in mixed martial arts TV suit
A dispute over idea misappropriation and civil conversion involving the origin of televised mixed martial arts through HDNET Fights was sent back to the trial court Friday. The Court of Appeals ruled that Marion Superior Court’s grant of partial summary judgment in favor of a sanctioning body that had suggested the development of a similar idea was in error.
Opinions Aug. 10, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions prior to IL deadline.
Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.
Indiana Court of Appeals
Daniel Joseph Sheets v. State of Indiana (NFP)
76A03-1202-CR-53
Criminal. Affirms sentence for Class B felony dealing in methamphetamine.
Ronald Graham v. State of Indiana (NFP)
49A05-1111-CR-618
Criminal. Affirms concurrent sentences totaling 30 years for conviction on charges related to a shooting during a drug deal.
The Estate of Rose Graves v. Anonymous Nursing Home (NFP)
45A03-1112-CT-560
Civil tort. On rehearing, reaffirms trial court order dismissing the estate’s action.
Opinions Aug. 10, 2012
Indiana Court of Appeals
HDNET LLC v. North American Boxing Council
49A02-1112-PL-1146
Civil plenary. Reverses and remands trial court grant of partial summary judgment in favor of North American Boxing Council, finding the grant of summary judgment was erroneous as a matter of law as it pertains to the Indiana Uniform Trade Secrets Act, and that the Boxing Council’s civil conversion claim doesn’t fall within the criminal law exception to the IUTSA’s preemption provision.
Portion of malpractice statute of limitations ruled unconstitutional in some cases
A woman’s malpractice lawsuit against the estate of a Marshall County doctor who died more than two decades ago will go forward, the Indiana Court of Appeals ruled. The court found the two-year statute of limitations on medical malpractice claims unconstitutional in certain cases.
State bar’s Young Lawyer Section receives 2 ABA awards
The Indiana State Bar Association Young Lawyer Section received two first-place national awards Aug. 4 at the American Bar Association Young Lawyers Division annual conference in Chicago.
Online attorney registration portal down
Attorneys looking to pay annual license fees have been met with an error message on the Indiana Appellate Clerk’s online portal this week.
Court of Appeals orders trial court to re-evaluate child support order
The Indiana Court of Appeals reversed the part of a custody order modifying child support, finding the trial court miscalculated the mother’s current income and made other errors.
Judges affirm drunk-driving conviction
A Madison Circuit judge did not abuse his discretion in instructing the jury on operating a vehicle while intoxicated as a Class C misdemeanor, a lesser-included offense of drunk-driving charges a man faced, the Indiana Court of Appeals concluded.
Opinions Aug. 9, 2012 ILD
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Todd Slavin v. State of Indiana (NFP)
49A04-1111-CR-569
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
James A. Carr v. State of Indiana (NFP)
25A04-1112-CR-650
Criminal. Affirms murder conviction.
Nicole (Mooney) Thompson v. Terry Mooney, Jr. (NFP)
41A05-1201-DR-48
Domestic relation. Affirms order regarding the custody of T.M.
Gregory A. Smyser v. State of Indiana (NFP)
32A01-1112-CR-586
Criminal. Affirms order imposing balance of previously suspended sentence upon revocation of probation.
Indiana Bureau of Motor Vehicles v. Katherine Linton-Waltman (NFP)
49A02-1203-MI-237
Miscellaneous. Affirms order denying the BMV’s “intervenor’s motion for relief from judgment” in an action involving the grant to Linton-Waltman of a restricted driver’s license because of a hardship.
Robert Oldham v. State of Indiana (NFP)
49A02-1106-CR-633
Criminal. Affirms denial of motion to correct erroneous sentence.
Tina Glover v. Indiana Family and Social Services Administration (NFP)
15A01-1107-MI-316
Miscellaneous. Dismisses Glover’s appeal of the order dismissing her petition for judicial review with prejudice.
Marquise T. Holmes v. State of Indiana (NFP)
02A03-1110-CR-490
Criminal. Affirms convictions of Class B felonies battery and neglect of a dependent.
Anthony W. Smith, Bobby J. McDaniel v. State of Indiana (NFP)
35A04-1112-CR-662
Criminal. Affirms attempted murder convictions and sentences of Smith and McDaniel.
In the Matter of the Term. of the Parent-Child Rel. of: V.B. and Y.B. v. The Indiana Dept. of Child Advocates, Inc. (NFP)
49A02-1111-JT-1133
Juvenile termination. Affirms termination of parental rights.
Opinions Aug. 9, 2012
7th Circuit Court of Appeals
Danny R. Richards v. Michael Mitcheff, et al.
11-3227
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Reverses dismissal of Richards’ lawsuit alleging the defendants violated his Eighth Amendment rights by indifference to his serious medical condition and remands for further proceedings. The suit could not be properly dismissed under Rule 12(b)(6) or Rule 12(c) because Indiana allows the statute of limitations to be tolled while one is incapacitated, which is what Richards argued as to why he didn’t file his complaint within the applicable time period.
Inmate’s suit alleging 8th Amendment violation allowed to continue
A federal judge was incorrect in dismissing an inmate’s lawsuit alleging Eighth Amendment violations by prison staff who ignored his abdominal pain for months until the inmate was diagnosed with ulcerative colitis, the 7th Circuit Court of Appeals ruled.
Justices decline to take Decatur County arson case
The Indiana Supreme Court Wednesday unanimously decided to deny the state’s petition for transfer of Kristine Bunch v. State, in which a divided Court of Appeals ruled Kristine Bunch is entitled to a new trial. Bunch was convicted of the murder of her son, who died in a fire in their mobile home.
Nominating commission picks 3 finalists
The Indiana Judicial Nominating Commission has selected the three finalists for the Supreme Court vacancy: Hamilton Superior Judge Steve Nation, Tippecanoe Superior Judge Loretta Rush, and attorney Geoffrey Slaughter. The commission had whittled down the number of applicants from 22 to 10 in July, and then to three Wednesday evening.
Commission wraps up interviews, begins deliberations
The Indiana Judicial Nominating Commissions has finished interviewing the semifinalists who want to replace Frank Sullivan Jr. on the Supreme Court. The commission went into executive session around 4 p.m. Wednesday.
MCBA to raise funds for Darden scholarship
The Marion County Bar Association is hosting a retirement dinner for Senior Judge Carr Darden Sept. 14. Darden stepped down from the Indiana Court of Appeals last month. All proceeds from the event will benefit the MCBA and the Judge Carr L. Darden and Mrs. Lundy Darden Public Sector Legal Education Scholarship Fund.
Opinions Aug. 8, 2012 ILD
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Justin C. Woodhouse v. State of Indiana (NFP)
08A05-1111-PC-614
Post conviction. Affirms denial of petition for post-conviction relief.
Ty Evans v. State of Indiana (NFP)
49A04-1112-PC-697
Post conviction. Affirms denial of petition for post-conviction relief.
John Harrell v. State of Indiana (NFP)
70A01-1112-CR-590
Criminal. Affirms sentence following guilty plea to Class D felony possession of stolen property.
Term. of Parent-Child Rel. of K.T.K., K.C., & K.R.K. (Minor Children) and T.K. (Father) v. Indiana Dept. of Child Services (NFP)
15A01-1201-JT-14
Juvenile termination. Affirms termination of parental rights.
Derek Patton v. State of Indiana (NFP)
09A02-1111-CR-1046
Criminal. Affirms convictions of Class B felonies criminal confinement and aggravated battery.
Jerry Moss v. State of Indiana (NFP)
49A02-1112-CR-1148
Criminal. Affirms revocation of placement in community corrections.
Dorothy Miller, et al. v. City of Mishawaka, et al. (NFP)
71A03-1201-PL-3
Civil plenary. Affirms denial of Dorothy Miller’s complaint for declaratory relief and the judgment entered in favor of the city of Mishawaka, city planner Kenneth Prince and associate city planner Peg Strantz regarding the enforcement of a city ordinance regulating signs. Denies the city’s request for appellate attorney fees.
Jaron Yancey v. State of Indiana (NFP)
82A05-1112-CR-695
Criminal. Affirms conviction of Class A felony dealing in cocaine.