The Indiana Judicial Nominating Commission Wednesday interviewed 10 semifinalists to fill the vacancy on the Indiana Supreme Court created by the retirement of Justice Frank Sullivan Jr. Commission chair and Supreme Court Chief Justice Brent Dickson opened the interviews by asking each candidate what factors he or she believed the commission should be looking for in a justice.
7th Circuit Court of Appeals
Michael J. Alexander v. Mark McKinney
11-3539
U.S. District Court, Southern District of Indiana, Indianapolis Division. Chief Judge Richard Young.
Civil. Affirms dismissal of criminal defense attorney Michael Alexander’s lawsuit against Mark McKinney alleging violations of due process after finding McKinney, former Delaware County prosecutor, was entitled to qualified immunity because the complaint did not identify a depravation of a cognizable constitutional right. Alexander’s complaint is merely an attempt to recast an untimely false arrest claim into a due process claim.
The Muncie attorney who sued former Delaware County Prosecutor Mark McKinney, alleging due process violations following his arrest and acquittal on conspiracy to commit bribery charges, lost his appeal before the 7th Circuit Court of Appeals. The judges found the attorney was trying to recast an untimely false arrest claim into a due process claim.
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Darrell Lawrence v. State of Indiana (NFP)
49A02-1110-CR-938
Criminal. Dismisses state’s cross-appeal of dismissal of Class B felony possession of cocaine, reverses one conviction of resisting law enforcement by force and remands to the trial court.
Raymon Johnson v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony battery on a law enforcement officer resulting in bodily injury in one case and the revocation of probation in another case because of the commission of this crime.
In re the Marriage of: Dennis Coffman v. Jennifer Coffman (NFP)
31A01-1110-DR-488
Domestic relation. Finds the trial court abused its discretion in excluding the debts resulting from the loans from Dennis Coffman’s parents from the marital estate, and when the court failed to take into account his post-separation payments of an insurance settlement to Jennifer Coffman. Affirms distribution of the parties’ personal property. Remands with instructions.
Kevin K. Cotton v. State of Indiana (NFP)
64A05-1111-CR-641
Criminal. Affirms revocation of probation.
Dustin L. Bess v. State of Indiana (NFP)
20A04-1112-CR-701
Criminal. Affirms 45-year sentence for Class A felony burglary.
Term. of Parent-Child Rel. of X.B. and L.B. (Minor Children) and J.B. (Father) v. Indiana Dept. of Child Services (NFP)
71A03-1201-JT-26
Juvenile termination. Affirms termination of parental rights.
Indiana Court of Appeals
Warrick County, Indiana, A Political Subdivision, by and through its County Commissioners, Nova Conner, Don Williams, and Phillip Baxter, and Cincinnati Insurance Co. v. William Hill and Stacy Hill
87A01-1201-PL-8
Civil plenary. Affirms denial of summary judgment for Warrick County in an action brought against it and Cincinnati Insurance Co. by William and Stacy Hill. Agrees with trial court conclusion that the Hills filed their notice under the Indiana Tort Claims Act within 180 days and that the Hills did not discover the source of the damage to their home until 2007, so the claims are within the six-year statute of limitations on actions for injury to property other than personal property.
A trial court did not abuse its discretion when it denied a man accused of hitting his live-in girlfriend the opportunity to cross-examine her about a past domestic battery incident, the Court of Appeals concluded.
A forfeiture provision in a purchase agreement between the Dean V. Kruse Foundation and Jerry Gates, the buyer of West Baden property, did not constitute a liquidated damages clause as the trial court ruled, the Indiana Court of Appeals held Tuesday. The judges ruled that the Kruse parties are entitled to more damages as a result of Gates’ breach of contract.
A couple who sued a subdivision developer and real estate company after the builder went out of business to recover damages because their home was sinking could not convince the Indiana Court of Appeals to reverse summary judgment for the companies.
A Pakistan-born man who faces automatic deportation as a result of his guilty plea to felony theft lost his pursuit for post-conviction relief before the Indiana Court of Appeals. The judges found Naveed Gulzar was unable to show he was prejudiced by his attorney’s failure to advise him that automatic deportation is a consequence of his guilty plea.
A release agreement a Warrick County couple signed in 2002 regarding water issues in their home resulting from county work that disconnected downspout lines from the home does not preclude the couple from suing the city after discovering water damage to their home in 2007, the Court of Appeals held.
The Indiana Judicial Nominating Commission will interview the 10 semifinalists for the Supreme Court Wednesday.
The Indiana University School of Journalism has created a new research center that focuses on legal protection for the media here and around the world. The Center for International Media Law and Policy Studies will support research and host public events related to free expression issues and give students the chance to work with organizations that promote media freedom, the school announced Monday.
Gov. Mitch Daniels Tuesday appointed Madison Circuit Judge Rudolph Pyle III to the Indiana Court of Appeals, filling a vacancy left by Pyle’s mentor, Judge Carr Darden.
Gov. Mitch Daniels announced Tuesday morning that Madison Circuit Judge Rudolph Pyle III will fill the vacancy on the Indiana Court of Appeals left by Judge Carr Darden’s retirement in July.
7th Circuit Court of Appeals issued no Indiana opinons prior to IL deadline.
Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.
Indiana Court of Appeals
Janet M. Wright v. State of Indiana (NFP)
11A04-1109-CR-506
Criminal. Affirms denial of Wright’s motion to suppress as to the marijuana found beside her house and the trial court’s deferring to rule on all evidence found inside the home and outbuildings due to insufficient evidence to address that matter. Remands for further proceedings.
Brian L. Millard v. State of Indiana (NFP)
87A01-1201-CR-18
Criminal. Affirms conviction of Class A misdemeanor criminal recklessness.
Preload, Inc. v. Hammond Water Works Department and Jeffrey Porter General Contractors, Inc. (NFP)
45A05-1201-PL-22
Civil plenary. Reverses the trial court order to the extent that the arbitration order says that Preload must be joined as a party in the arbitration between Jeffrey Porter and Hammond Water Works. Remands for further proceedings. Judge Mathias concurs in result.
Paul Edward McMinn v. Lisa Stephanie McMinn (NFP)
20A03-1106-DR-245
Domestic relation. Affirms in part the order which established that child H.McM. should continue his secondary education at a private, parochial high school. Remands for further proceedings.
Indiana Court of Appeals
Donald Gregory Huls v. State of Indiana
64A04-1110-CR-552
Criminal. Affirms convictions of criminal recklessness, one as a Class D felony and one as a Class C felony. Affirms denial of motion for mistrial because the prosecutor’s isolated comment did not have a probable persuasive effect on the jury and did not place Huls in grave peril. His proposed jury instructions incorrectly stated the law on self-defense or the evidence did not support giving them.
The Indiana Supreme Court denied transfer last week to a civil case out of Owen County involving a quiet title action.
Indiana Chief Justice Brent Dickson formally took the oath of office Monday before more than 300 people in the atrium of the Indiana Statehouse.
Because PNC Bank was able to show that the requisite provisions of Indiana Code 32-30-5-1 have been satisfied and it did not relinquish its right to the appointment of a receiver, the trial court order denying PNC’s request for appointment of a receiver was an error, the Indiana Court of Appeals concluded.
A Porter County man who shot at four teenagers near his property at night because he claimed they were trying to break into his home is not entitled to a new trial, the Indiana Court of Appeals ruled.