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Opinions June 4, 2012 ILD

Monday’s opinions
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
R. Bruce Wallace v. Alliance Environmental, Inc. and Ruth Brown (NFP)
49A04-1111-CC-665
Civil collection. Affirms trial court’s recalculation of damages to Brown for Wallace’s breach of fiduciary duty.

KMC Real Estate Investors, LLC, George L. Alcorn, David Berry, David Britt, Abdul G. Buridi, Jeffrey Campbell, Keith Carter, et al. v. RL BB Financial, LLC (NFP)
10A05-1109-MF-501
Mortgage foreclosure. Affirms summary judgment in favor of RL BB Financial in its suit seeking to enforce each doctor’s individual guarantees.

Alfonso Menchaca v. Elias Terrazas (NFP)
45A03-1109-PL-415
Civil plenary. Affirms partial summary judgment for Terrazas in an action to seek repayment of amount Menchaca owes Terrazas pursuant to a promissory note and remands for further proceedings.

 

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SCOTUS rules in favor of Indianapolis in sewer dispute

The Supreme Court of the United States ruled Monday that the city of Indianapolis did not violate the Federal Equal Protection Clause when it refused to refund money to residents who paid the in-full assessment up front for sewer work.

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Symposium to focus on Islamic law and ethics

Local scholars, lawyers and religious practitioners will debate and discuss the role of sharia – Islamic law and ethics – in American life at a symposium organized by the newly established Center for Interfaith Cooperation and the School of Liberal Arts at Indiana University-Purdue University Indianapolis.

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Shepard named to academic post

Former Chief Justice Randall T. Shepard has been named the first executive in residence at the Indiana University Public Policy Institute in IU's School of Public and Environmental Affairs. The appointment also includes a relationship with the IU Robert H. McKinney School of Law.

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Opinions June 1, 2012

7th Circuit Court of Appeals
United States of America v. Michael Sheneman
11-3161
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio.
Criminal. Affirms convictions and sentence for four counts of wire fraud in a two-year mortgage fraud scheme. Holds that Sheneman’s sentence enhancements were justified, due to the sophisticated means used to execute the fraud.

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Opinions May 31, 2012 ILD

Indiana Court of Appeals
Larry Gene Gore v. State of Indiana (NFP)
76A03-1110-CR-491
Criminal. Affirms sentence for Class D felony sexual battery.

Anthony Stansbury v. State of Indiana (NFP)
15A05-1111-CR-585
Criminal. Affirms convictions of Class B felonies attempted robbery and aggravated battery and finding Stansbury is a habitual offender and remands for correction of sentencing order.

Wells Fargo Bank v. Castalia Homes, LLC; Jan N. Kelsey (NFP)
06A04-1112-MF-680
Mortgage foreclosure. Reverses summary judgment in favor of Castalia Homes on the issue of priority.

Noblesville Schools Corporation v. Review Board of the Indiana Department of Workforce Development and Ryan Shelton (NFP)
93A02-1110-EX-923
Agency appeal. Affirms decision by review board that Noblesville Schools Corp. did not show good cause for failing to attend a hearing review regarding Shelton’s award of benefits.

In Re the Paternity of N.B.; K.B. v. A.B. (NFP)
45A03-1111-JP-495
Juvenile. Affirms order modifying custody of N.B. to father.

In Re the Marriage of: Alexander Nikolayev v. Natalia Nikolayev (NFP)
49A05-1108-DR-393
Domestic relation. Reverses decision to make Alexander Nikolayev’s new child support obligation effective July 21, 2010. Affirms in all other respects and remands for further proceedings.

Jeffrey Riggs and Mark Ashmann v. Mark S. Weinberger, M.D., Mark Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC, and Nose and Sinus Center, LLC (NFP)
45A03-1109-CT-394
Civil tort. Affirms grant of a motion for Trial Rule 35 psychological examination filed by Weinberger. Remands for further proceedings.

Susan Grund v. State of Indiana (NFP)
52A02-1108-PC-791
Post conviction. Affirms denial of petition for post-conviction relief.

In the Matter of V.C., Child Alleged to be in Need of Services: V.S. v. Indiana Dept. of Child Services (NFP)
79A02-1201-JC-43
Juvenile. Dismisses sua sponte the appeal for lack of subject matter jurisdiction.

Dusty E. Rhodes v. State of Indiana (NFP)
11A01-1109-CR-487
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.

Richard C. Gallops and Patricia A. Gallops v. David Hubbard, Personal Representative of the Estate of Thelma M. Hubbard, Deceased (NFP)
02A05-1107-CT-337
Civil tort. Denies the estate’s renewed motion to dismiss and affirms the Gallopses’ designated materials were inadmissible under the Dead Man’s Statute and that the estate was entitled to partial summary judgment as a matter of law.

Indiana Tax Court posted no opinions at IL deadline.

 

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Opinions May 31, 2012

7th Circuit Court of Appeals
United States of America v. Aaron M. Davis, Bobby Suggs, et al.
11-1313, 11-1323, et al.
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. In consolidated appeal, affirms denial of the six defendants’ motion to reduce their sentences pursuant to 18 U.S.C. Section 3582(c)(2) based on the retroactive crack cocaine amendments to the United States Sentencing Guidelines. The District Court did not have the power to adjudicate Suggs’ motion and lacked subject-matter jurisdiction. There is sufficient evidence for the District Court to conclude the other defendants were responsible for at least 4.5 kilograms of crack cocaine, which would prevent their sentences from being reduced.

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Defendants’ drug sentences ineligible for reduction

The 7th Circuit Court of Appeals upheld the sentences of six members of a Gary street gang for various crack cocaine and other offenses, finding none of the men are eligible to have their sentences reduced based on the retroactive crack cocaine amendments to the sentencing guidelines.

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Court rules on inclusion of survivor benefits in child support obligation

The Indiana Court of Appeals was faced with a situation not specifically addressed in the Child Support Guidelines and Commentary or in any Indiana case – whether Social Security survivor benefits paid to children due to the death of a custodial parent’s subsequent spouse are or should be included in the custodial parent’s weekly gross income.

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Justices clarify previous decision on Criminal Rule 4(B)

The Indiana Supreme Court clarified the ambiguity within its precedent on the issue of whether an incarcerated defendant has the right to be tried within 70 days under Indiana Criminal Rule 4(B) when the defendant is being held for an unrelated offense and not on the charges for which the speedy trial is demanded.

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Jackson County joins Odyssey

Jackson County is the latest county to go online with the case management system, Odyssey, which is implemented by the Indiana Supreme Court’s Division of State Court Administration’s Judicial Technology and Automation Committee.

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Opinions May 30, 2012 ILD

7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Donald Everling v. State of Indiana (NFP)
29A04-1108-CR-487
Criminal. Affirms conviction of Class D felony theft.

In Re the Term. of the Parent-Child Rel. of J.R.: K.C. v. The Indiana Dept. of Child Services (NFP)
15A04-1110-JT-587
Juvenile. Affirms involuntary termination of parental rights.

Kamal El-Adnani v. State of Indiana (NFP)
02A03-1109-CR-463
Criminal. Affirms convictions of and sentence for Class B felonies battery resulting in serious bodily injury and neglect of a dependent resulting in serious bodily injury.

The Estate of Rose Graves v. Anonymous Nursing Home (NFP)
45A03-1112-CT-560
Civil tort. Affirms grant of a motion to dismiss the estate’s proposed medical malpractice complaint against Anonymous Nursing Home.

David E. Schalk v. Yellow Book Sales and Distribution Co., Inc. (NFP)
53A05-1110-CC-535
Civil collection. Affirms summary judgment in favor of Yellow Book Sales and Distribution Co. regarding its breach of contract claim against Schalk for advertising services that it provided.

Robert Allen Barker v. State of Indiana (NFP)
36A05-1108-CR-401
Criminal. Affirms sentence for conviction of murder and adjudication as a habitual offender.

Mitchell L. Rogers v. State of Indiana (NFP)
48A02-1110-PC-1028
Post conviction. Affirms convictions of Class B felonies criminal deviate conduct and battery. Remands with instructions to vacate the conviction of Class D felony sexual battery and reinstate the conviction of criminal confinement as a Class D felony and impose a sentence consistent with the instructions of the opinion.

Melvin Bishop v. State of Indiana (NFP)
49A04-1101-CR-1
Criminal. Grants rehearing for the limited purpose of addressing Bishop’s arguments and clarifying original analysis. Affirms opinion in all respects. Judge Brown concurs and dissents.

 

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