No IL daily on Monday
Indiana Lawyer daily will not be published May 28 in observance of the Memorial Day holiday.
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Articles
Accident not covered under insurance policy
A man who was involved in a car accident while riding in his friend’s vehicle lost his appeal in which he argued that his friend’s car was a temporary substitute for his own and he should be entitled to underinsured motorist coverage.
No error in finding defendant jointly and severally liable
The Indiana Court of Appeals affirmed the finding that a man was jointly and severally liable for damages following a fight over a girl.
Shepard to attend 4th commencement
Since stepping down from the Indiana Supreme Court in March, former Chief Justice Randall T. Shepard has been busy attending college graduations. On Friday, he will visit his fourth school, New England Law – Boston, and deliver the commencement speech.
Opinions May 24, 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
Term. of Parent-Child Rel. of K.N., C.M., and K.M.; M.M. (Mother) and C.M. (Father) v. The Indiana Department of Child Services (NFP)
79A04-1109-JT-541
Juvenile. Affirms involuntary termination of parental rights.
Charles Hunter v. State of Indiana (NFP)
49A02-1111-CR-1000
Criminal. Affirms revocation of probation and imposition of the five-year suspended portion of Hunter’s sentence.
Christopher Master v. State of Indiana (NFP)
65A01-1108-CR-361
Criminal. Affirms sentence for Class B felonies rape and criminal deviate conduct.
Darryl Anderson v. State of Indiana (NFP)
49A02-1107-CR-601
Criminal. Affirms convictions of Class B felony rape, Class C felony criminal confinement and Class A misdemeanor battery.
David West v. State of Indiana (NFP)
18A02-1111-CR-1013
Criminal. Affirms sentence imposed following revocation of probation.
Bret Beiler v. State of Indiana (NFP)
38A02-1109-CR-839
Criminal. Affirms convictions of Class B misdemeanor public intoxication and Class A misdemeanor resisting law enforcement.
In Re the Paternity of B.C., M.L. v. D.N., Jr. (NFP)
05A02-1110-JP-964
Juvenile. Reverses decision to set aside paternity affidavit executed by D.C. and N.E. and the May 26, 2009, paternity order.
John W. Mitchell v. American Acceptance Co., LLC, as Assignee of Chase Bank USA, N.A. (NFP)
02A03-1108-CC-366
Civil collection. Affirms grant of summary judgment to American Acceptance Co. on its complaint for collection of credit card debt.
Joshua M. Santiago v. State of Indiana (NFP)
10A01-1109-CR-493
Criminal. Affirms convictions of and sentence for Class B felonies stalking and burglary, Class D felony intimidation, Class A misdemeanors invasion of privacy, battery and resisting law enforcement, Class B misdemeanor criminal mischief, and adjudication as a habitual offender.
Opinions May 24, 2012
Indiana Court of Appeals
Finance Center Federal Credit Union v. Ronnie D. Brand, Debora J. Brand and GMAC Mortgage, LLC
49A02-1111-MF-1089
Mortgage foreclosure. Affirms partial summary judgment in favor of GMAC regarding the priority of the GMAC Mortgage and Finance Center Federal Credit Union mortgages. Equity should not allow the Finance Center to gain an unexpectedly elevated priority because of any negligence of GMAC that did not harm Finance Center.
Judges find mortgage company not culpably negligent
In a dispute over which mortgage has priority in a foreclosure action, the Indiana Court of Appeals affirmed summary judgment for the senior mortgage holder. The judges found the doctrine of equitable subrogation applies.
COA rules on first impression possession of marijuana issue
A woman’s objection over how much marijuana was being attributed to her led the Indiana Court of Appeals to apply for the first time Supreme Court precedent regarding possession of marijuana.
Legislature announces summer study committees
The Legislative Council of the Indiana General Assembly has assigned the study topics various committees will examine this summer and fall. Some of the areas include creating a centralized department of administrative law judges and review of various Department of Child Services practices.
Opinions May 23, 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
Dionne Harris v. State of Indiana (NFP)
34A04-1111-PC-593
Post conviction. Affirms denial of petition for post-conviction relief.
Jason Poole v. State of Indiana (NFP)
49A02-1110-CR-904
Criminal. Affirms convictions of Class A misdemeanor possession of paraphernalia and Class B misdemeanor possession of a knife with an automatic blade.
Opinions May 23, 2012
Indiana Court of Appeals
Gabriel J. Sharkey v. State of Indiana
84A04-1110-CR-550
Criminal. Affirms sentence following guilty plea to Class D felony intimidation. Sharkey’s 18-month suspended sentence is appropriate in light of the nature of the crime and his character.
122 Indiana courts now on Odyssey
With the additions of Henry and Jackson counties to the Odyssey case management system, 41 counties and 122 courts are now hooked into the system.
Court upholds sentence following threat to school
A father who was upset that he couldn’t talk to his daughter after she was arrested at school for having drugs threatened to come to the school with his “guns blaring.” He was arrested and given a suspended sentence for Class D felony intimidation, which the Indiana Court of Appeals affirmed.
Woman evicted from apartment denied due process
The Indiana Court of Appeals held that a woman was denied due process in small claims court when the court reporter presided over an initial hearing and ordered the woman to move out of her apartment.
Trial court ordered to determine if man was diligent in pursuing appeal
The Indiana Court of Appeals held that a man cannot appeal the denial of his petition for post-conviction relief, but the trial court should determine whether the defendant has been without fault and diligent in pursuit of his original appeal of child molesting convictions.
Justices clarify ‘notes on oral arguments’ use
The Indiana Supreme Court issued an order May 18 informing attorneys that filing of “notes on oral arguments” without leave of court is no longer part of Indiana’s appellate practice.
Opinions May 22, 2012 ILD
7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline.
Indiana Court of Appeals
Dwayne Rhoiney v. State of Indiana (NFP)
49A02-1107-CR-650
Criminal. Affirms resentencing by trial court for felony murder, Class B felony criminal confinement and Class A misdemeanor carrying a handgun without a license.
Ohio Farmers Insurance Company and S.C. Nestel, Inc. v. Indiana Drywall & Acoustics, Inc. (NFP)
49A02-1106-CC-534
Civil collections. Affirms trial court’s denial of Nestel’s motion for summary judgment, but reverses the denial of Ohio Farmers’ motion for summary judgment with respect to Indiana Drywall’s bond claim.
Charles E. Justise, Sr. v. State of Indiana (NFP)
49A02-1105-CR-408
Criminal. Affirms convictions of Class A and Class C felony child molesting.
Opinions May 22, 2012
Indiana Court of Appeals
In the Matter of V.H.; J.H. v. Indiana Dept. of Child Services
49A02-1110-JC-947
Juvenile. Reverses juvenile court’s grant of CHINS petition and vacates the court’s participation order, holding that the CHINS adjudication and participation decree were erroneous.
High court takes vacation pay case
The Indiana Supreme Court accepted one case for the week ending May 19 and denied transfer to eight others.