Justices take 5 cases
The Indiana Supreme Court accepted transfer to five cases last week, including a challenge to the school voucher program.
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Articles
Governor signs DCS, new judge legislation
Gov. Mitch Daniels signed legislation last week that gives Johnson Superior Court a fourth judge and Allen Circuit Court another full-time magistrate, and an enrolled act that makes changes to the Department of Child Services.
State senator appointed secretary of state
Gov. Mitch Daniels has appointed Sen. Connie Lawson, R-Danville, as Indiana secretary of state. She fills the vacancy left by Charlie White, who was recently convicted of several felonies, making him ineligible to hold office.
Supreme Court rules AOL required to pay online use taxes
The Indiana Supreme Court has held that companies purchasing online promotional materials from outside the state must pay a use tax when those materials are distributed within Indiana.
Justices address forum-shopping
The Indiana Supreme Court has clarified that a defendant who claims forum-shopping has happened in a criminal case does not need to establish prejudice in order to prevail on appeal.
Officer’s statement not protected by First Amendment
A divided Indiana Court of Appeals has ruled the New Albany Police Department had the right to discipline an officer whose racially charged comments made to fellow officers were leaked to the press and made public.
Judges and prosecutors to receive 2.2 percent salary hike
Indiana Supreme Court Chief Justice Randall T. Shepard has approved a 2.2 percent pay increase for judges and prosecutors that will take effect July 1, following the governor’s similar action for executive employees at the start of the year.
Opinions March 16, 2012 ILD
Indiana Tax Court had posted no opinions by IL deadline.
Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Rel. and Adoption of J.P.; M.P. and Z.P.; D.P. and G.P. v. Indiana Dept. of Child Services and J.H. and T.H. (NFP)
71A03-1106-JT-248
Juvenile. Affirms probate court’s denial of paternal grandparents’ petition to adopt J.P. Dismisses without prejudice the court’s decision regarding the foster parents’ adoption petition, because it was neither a final judgment nor an appealable interlocutory order.
Lesnick Jones v. State of Indiana (NFP)
49A02-1105-CR-415
Criminal. Affirms convictions of Class A felony rape, six counts Class A felony deviate conduct, Class B felony burglary, Class B felony robbery, Class B felony criminal confinement and associated charges.
Rickey Robey v. State of Indiana (NFP)
49A04-1107-CR-433
Criminal. Affirms trial court’s denial of motion to correct erroneous sentence, holding that the motion was not the appropriate vehicle for Robey to use.
Dominee M. Florence v. Review Board of the Indiana Dept. of Workforce Development and Kindred Nursing Centers LTD PTR (NFP)
93A02-1109-EX-867
Civil. Dismisses appeal, due to Florence’s numerous and substantial violations of the Indiana Rules of Appellate Procedure.
Paul J. Kinnaman v. State of Indiana (NFP)
24A01-1105-CR-229
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class A misdemeanor possession of paraphernalia.
R.F. and I.A. v. Indiana Department of Child Services (NFP)
41A05-1107-JT-376
Juvenile. Affirms termination of parental rights for mother and father.
Andre Gonzalez v. State of Indiana (NFP)
45A03-1108-CR-369
Criminal. Reverses denial of Gonzalez’ petition to remove his sex offender designation, holding that at the time he was sentenced, Indiana law did not require lifetime registration. Remands for removal of his registration.
Rebecca A. Thieling v. State of Indiana (NFP)
45A03-1108-CR-344
Criminal. Affirms convictions of Class C felony forgery and Class D felony auto theft.
Terrell Ewell v. State of Indiana (NFP)
49A04-1107-CR-401
Criminal. Dismisses case for lack of subject matter jurisdiction, concluding Ewell did not timely file his notice of appeal.
Todd Richmond v. Erin Mager (Richmond) (NFP)
64A05-1108-DR-455
Domestic relation. Affirms denial of father’s petition for change of custody and grant of mother’s petition for modification of father’s parenting time.
B.O. v. State of Indiana (NFP)
89A01-1111-JV-503
Juvenile. Affirms J.O.’s placement with the Department of Correction.
Kimberly L. Zapalac v. State of Indiana (NFP)
48A02-1107-CR-762
Criminal. Dismisses appeal for lack of jurisdiction, as Zapalac committed several crimes and made two plea agreements 12 years ago, before absconding.
Jeffrey S. Pryor v. State of Indiana (NFP)
29A02-1108-CR-740
Criminal. Affirms conviction of Class C misdemeanor operating while intoxicated.
In Re: The Adoption of T.L.; M.J. v. D.F. and K.F. and Indiana Dept. of Child Services (NFP)
49A04-1108-AD-477
Adoption. Affirms trial court’s dismissal of M.J.’s petition to adopt his half-sister.
Olde York Potato Chips, Inc., ONAP, Inc., and Peter Margie v. Shenolikar Dwarka and Dwarka & Sons, Inc. (NFP)
02A05-1107-PL-375
Civil plenary. Dismisses Olde York’s appeal, holding it does not appear to be an interlocutory appeal that may be brought as of right and would be the subject of an interlocutory appeal only on certification by the trial court and acceptance by appeals court, and that there is no such certification or acceptance in the case.
Dathan Alexander v. State of Indiana (NFP)
49A02-1105-CR-465
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.
Opinions March 16, 2012
7th Circuit Court of Appeals
Harry Foster III and Linda Foster v. State Farm Fire and Casualty Company
11-3100
United States District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springman.
Civil. Affirms District Court’s grant of summary judgment in favor of State Farm Fire and Casualty Company, holding the Fosters’ failure to produce requested documents was a material breach of their insurance agreement.
COA rules police officer’s questions not unconstitutional
The Indiana Court of Appeals has ruled that a man has incorrectly interpreted the Fourth Amendment in his appeal and that no constitutional violation occurred when he allowed a police officer to search his car.
Appeals court rules on gas station’s insurance coverage case
Determining that an insurance company was obligated to defend and indemnify a Warsaw service station for contamination cleanup, the Indiana Court of Appeals has reversed a Kosciusko Superior Court decision finding otherwise.
Judges rule Wisconsin court had personal jurisdiction
The Indiana Court of Appeals has determined a Johnson Superior judge should not have set aside a Wisconsin court’s default judgment involving the sale and delivery of a boat between parties in the two states.
7th Circuit affirms District Court in attorney house fire case
The 7th Circuit Court of Appeals has affirmed a grant of summary judgment in favor of an insurer because an attorney and his wife failed to produce documents the company requested repeatedly.
Comment needed on proposed rule changes
The Indiana Supreme Court Committee on Rules of Practice and Procedure is seeking comment on several proposed rule amendments, including revisions to change of venue in civil and criminal cases and continuing legal education.
Justices rule Charlie White was eligible for office
Refusing to go against the will of Indiana voters, the state’s highest court has held that Charlie White was eligible to run for secretary of state and assume that office after being elected in 2010.
Opinions March 15, 2012 ILD
7th Circuit Court of Appeals and Indiana Tax Court issued no Indiana opinions by IL deadline.
Indiana Court of Appeals
T.H. b/n/f Sonja Lynetter (Walls) Fitzgerald v. Troy Hutchison (NFP)
82A01-1109-JP-438
Juvenile. Reverses trial court’s order suspending parenting time for and issuing protective order against father. Affirms court’s finding that mother was in contempt.
Susan R. May v. State of Indiana (NFP)
47A05-1103-CR-178
Criminal. Affirms sentence for murder.
Charles R. Smith v. State of Indiana (NFP)
78A04-1110-CR-585
Criminal. Affirms sentence for Class B felony dealing in a Schedule II controlled substance.
Ernest Wireman v. State of Indiana (NFP)
75A05-1008-CR-545
Criminal. Affirms convictions of and sentence for murder, Class A felony attempted murder and Class B felony arson.
Odonis D. Parker v. State of Indiana (NFP)
02A03-1108-CR-381
Criminal. Affirms sentence for Class B felony robbery.
Shawn McDonald v. State of Indiana (NFP)
35A05-1110-CR-529
Criminal. Affirms conviction of Class C felony possession of cocaine.
KSM, LLC v. Lighthouse Storage, LLC, Lawyers Title Ins. Corp., Inc., and Kevin and Stephen Corp. (NFP)
02A03-1106-PL-232
Civil plenary. Affirms grant of summary judgment in favor of Lighthouse Storage, holding court did not abuse its discretion in ordering rescission of the purchase contract. Reverses trial court’s grant of summary judgment in favor of Lawyers Title on KSM’s negligent misrepresentation claim and grant of summary judgment in favor of a KSM manager on Lighthouse’s actual fraud claim. Remands for further proceedings.
John Mitchem v. State of Indiana (NFP)
49A04-1108-CR-421
Criminal. Affirms conviction of Class B felony burglary and Class D felony theft.
Tyson Keplinger v. State of Indiana (NFP)
35A02-1104-PC-359
Post conviction. Affirms denial of petitions for post-conviction relief.
Opinions March 15, 2012
Indiana Supreme Court
Charlie White, et. al. v. Indiana Democratic Party, through its Chairman , Daniel J. Parker
49S00-1202-MI-73
Miscellaneous. Reverses a decision by Marion Circuit Judge Lou Rosenberg, which found that Charlie White was not eligible to take office following the November 2010 election because he had improperly registered to vote at an address where he was not living. Justice Brent Dickson concurred in result, but wrote separately to say that he agreed with the election contest being dismissed because he sees the Legislature’s attempt to impose additional eligibility qualifications on candidates as unconstitutional and not a basis to contest someone’s eligibility for office.
Judges rule on lakefront land rights case
The Indiana Court of Appeals has upheld a LaGrange Circuit judge’s decision granting summary judgment for a group of land owners caught up in a court dispute with neighbors about a portion of land situated between the plaintiffs’ homes and the shore of Big Long Lake.
Justices rule that law allows town of Fishers to proceed with reorganization
Responding to a certifiable question from Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana, the Indiana Supreme Court held that the town of Fishers may proceed with plans to reorganize as a city whose council chooses a mayor.
Court of Appeals reverses medical malpractice ruling
Determining that a question exists about when the statute of limitations started running on a proposed medical malpractice complaint, the Indiana Court of Appeals has reversed a decision in a case involving the death of a woman at an Indianapolis hospital after receiving medication prior to heart surgery.