Appellate court reverses trial court in union labor dispute
The Indiana Court of Appeals has reversed a trial court that had determined an arbitrator exceeded his powers when he found in favor of a labor union.
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COA affirms trial court in finding drug evidence was admissible
The Indiana Court of Appeals has held that a trial court did not err in admitting evidence obtained from a search of a purse and hotel room.
“The Enforcement Experience” – A Sports Law CLE April 13
Join members of the NCAA enforcement staff, Joyce Thompson and Michael Zonder, as they lead participants through an infractions investigation using a fictional but realistic case scenario. Learn what triggers an investigation, strategies used by investigators, how the staff determines what allegations should be made, and how the Committee on Infractions determines penalties. A review of infractions cases for the 2010-2011 academic year will also be presented. Julia Spoor Gard, partner at Barnes & Thornburg, will moderate.
Registration begins at 1:30 p.m.; the program runs from 2 to 5 p.m. at the Barnes & Thornburg Auditorium, 11 S. Meridian St., Indianapolis. The cost to register is $75. There are 2.8 hours of CLE or New Lawyer credit available. Online registration or a printable registration form is available at www.TheIndianaLawyer.com/events. For questions or more information, contact Karen Aruta at (317) 472-5201 or [email protected].
This Sports Law CLE event is co-sponsored by Indiana Lawyer and Valparaiso University Law School.
UCLA dean to lecture at IU Maurer on the future of public legal education
A distinguished legal scholar and expert on educational policy will deliver the Jerome Hall Lecture at the Indiana University Maurer School of Law on March 21.
Supreme Court rules Charlie White was eligible to assume office
The Indiana Supreme Court has held that Charlie White was eligible to assume the office of secretary of state after being elected to that post in the 2010 general election. The justices point out the average voter was aware of concerns surrounding White’s voter registration history and they will not, on the basis of the petition before them, “judicially disenfranchise voters who went to the polls.”
Judges reverse adoption completed while mother was out of state
The Indiana Court of Appeals has reversed the grant of an adoption petition by a child’s paternal grandparents, finding the matter was surrounded by irregular and fraudulent circumstances.
Opinions March 14, 2012 ILD
7th Circuit Court of Appeals had posted no opinions at IL deadline.
Indiana Court of Appeals
Karl A. Kaler v. State of Indiana (NFP)
57A04-1108-CR-432
Criminal. Affirms sentence for Class D felony theft and adjudication as a habitual offender.
David Marzini v. State of Indiana (NFP)
20A03-1102-PC-64
Post conviction. Affirms denial of petition for post-conviction relief.
Shavaughn Wilson v. State of Indiana (NFP)
49A02-1109-PC-795
Post conviction. Affirms sentence for Class A felony dealing in cocaine, Class C felony possession of cocaine, Class A misdemeanor possession of marijuana, and adjudication as a habitual offender.
Chris Davis v. State of Indiana (NFP)
49A02-1107-CR-619
Criminal. Affirms convictions of Class D felony escape and Class C misdemeanors refusal to identify and operating a vehicle having never received a license.
Jessica E. Mantooth v. State of Indiana (NFP)
24A01-1108-CR-382
Criminal. Affirms convictions of Class A felony possession of methamphetamine with intent to deal, Class D felony neglect of a dependent, and Class A misdemeanors possession of paraphernalia and driving while suspended.
Timothy Colby & Holly Colby v. T.H. Construction, Inc. (NFP)
45A03-1110-PL-472
Civil plenary. Affirms order and entries of judgment entered against the Colbys on their complaint for breach of contract and deception filed against T. H. Construction Inc.
Patty Garcia v. State of Indiana (NFP)
49A02-1108-CR-831
Criminal. Affirms conviction of failure to ensure school attendance as a Class B misdemeanor.
Jacob Lockridge v. State of Indiana (NFP)
48A02-1104-CR-383
Criminal. Affirms conviction of two counts of Class B felony child molesting and sentence imposed.
Christopher L. Overla v. State of Indiana (NFP)
02A05-1108-CR-474
Criminal. Affirms sentence following guilty plea to Class D felony invasion of privacy.
Scott C. Haisley v. State of Indiana (NFP)
18A02-1106-CR-568
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.
William James Hall v. State of Indiana (NFP)
82A04-1107-CR-330
Criminal. Affirms convictions of Class B felony attempted rape and Class D felonies residential entry and criminal confinement.
Tamara Sue Forrester v. State of Indiana (NFP)
48A04-1108-CR-453
Criminal. Affirms revocation of probation.
John McMahan v. State of Indiana (NFP)
20A03-1109-CR-409
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Paul Michael Kage v. State of Indiana (NFP)
76A03-1108-CR-379
Criminal. Dismisses appeal that plea agreement should be set aside.
Term. of Parent-Child Rel. of M.J.; C.J. v. Indiana Dept. of Child Services (NFP)
79A05-1109-JT-502
Juvenile. Affirms termination of parental rights.
Raymond Warren v. State of Indiana (NFP)
02A03-1106-CR-325
Criminal. Affirms three convictions of child molesting as Class A felonies and one conviction of Class C felony child molesting.
Noah Thom v. State of Indiana (NFP)
48A05-1107-CR-348
Criminal. Affirms placement at the Department of Correction.
Imani Scott v. State of Indiana (NFP)
49A05-1108-CR-429
Criminal. Affirms sentence for Class B felony robbery.
In the Matter of the Involuntary Term. of the Parent-Child Rel. of L.L., and R.L. v. The Indiana Dept. of Child Services (NFP)
20A03-1107-JT-337
Juvenile. Affirms termination of parental rights.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions March 14, 2012
Indiana Supreme Court
Phyllis Hardy, Alax Keith Furnish and Megan Jessica Furnish, by next friend Phyllis Hardy v. Mary Jo Hardy
51S01-1106-PL-366
Civil plenary. Holds that the Federal Employees’ Group Life Insurance Act does not preempt the equitable claims over the life insurance proceeds of Carlos Hardy and that the first wife and grandchildren are entitled to a constructive trust over at least a portion of the proceeds.
Justices rule for first time on FEGLIA preemption issue
In a dispute between two ex-wives over the life insurance policy of their deceased husband, the Indiana Supreme Court has ordered the trial court determine how much money each woman is entitled to.
Court upholds robbery conviction
The Indiana Court of Appeals has affirmed a woman’s Class B felony robbery conviction over her objections that the jury’s guilty finding for assisting a criminal is logically inconsistent with its guilty finding for robbery as an accomplice.
Retired Putnam County judge dies
Retired Putnam Superior Judge Sally Hallof Gray passed away Tuesday. She was 78.
3 Indiana law schools in top 90 of U.S. News & World Report ranking
The publication U.S. News & World Report has released its latest rankings of best law schools, and three of Indiana’s schools are in the top 90. Two of the state’s four law schools saw their rankings drop this year.
Appellate court affirms ruling in retaliation lawsuit
The 7th Circuit Court of Appeals has upheld a northern Indiana judge’s decision granting summary judgment for a bank in a lawsuit filed by a former employee alleging retaliation in violation of the Age Discrimination in Employment Act of 1967.
7th Circuit reverses Southern District judge
The 7th Circuit Court of Appeals has reversed a decision by U.S. Judge Sarah Evans Barker in the Southern District of Indiana involving a former police officer’s claim that he was falsely arrested for murder following a shooting outside an Indianapolis bar.
Opinions March 13, 2012 ILD
Indiana Supreme Court and Indiana Tax Court had filed no opinions by IL deadline.
Indiana Court of Appeals
Alfred Taylor v. State of Indiana (NFP)
15A04-1109-CR-500
Criminal. Affirms court’s revocation of probation and order that Taylor serve 1,825 days of his previously suspended sentence.
Ralph Winfrey v. NLMP, Inc. and Witham Health Services (NFP)
06A01-1103-PL-132
Civil plenary. Reverses grant of summary judgment in favor of NLMP and Witham Health Services, holding that the court erred in determining Winfrey’s claims were based on speculation. Remands for further proceedings.
Matthew G. Fearnow v. State of Indiana (NFP)
20A03-1107-CR-341
Criminal. Vacates Fearnow’s conviction of Class B misdemeanor harassment and remands for new trial, holding that the trial court did not adequately advise him of the risks of proceeding pro se. Affirms trial court’s grant of the state’s second motion to amend charging information, holding the location where harassing phone messages were received did not affect Fearnow’s rights.
Matthew Jordan v. State of Indiana (NFP)
35A04-1108-CR-484
Criminal. Affirms sentence for four counts of Class C felony forgery.
Rondell Walker v. State of Indiana (NFP)
34A02-1101-CR-612
Criminal. Affirms Walker’s termination from the Howard County Drug Court program and the sentence imposed on his underlying conviction of Class B felony possession of cocaine.
Douglas R. Denmure, Personal Rep. of the Estate of Eugene D. Trester, Deceased v. Michael S. Gridley, Personal Rep. of the Estate of Alice F. Grindley, Deceased (NFP)
49A02-1109-ES-905
Estate supervised. Reverses trial court’s order approving the personal representative’s accounting, supplemental accounting, petition for order approving distribution, and closing the estate, holding Denmure has established prima facie error. Remands for further proceedings, including a consideration of Denmure’s request for additional attorney fees pursuant to the terms of the mediated settlement agreement.
Joshua Love v. State of Indiana (NFP)
49A02-1107-CR-629
Criminal. Affirms conviction of Class D felony escape and adjudication as a habitual offender.
Elwin Hart v. State of Indiana (NFP)
49A02-1107-CR-583
Criminal. Affirms convictions of murder.
Aaron Lee v. State of Indiana (NFP)
49A02-1108-CR-784
Criminal. Reverses Lee’s convictions of Class B felony criminal confinement and Class C felony intimidation, holding the court’s instructions did not adequately instruct the jury on the presumption of innocence. Remands for new trial.
T.W. v. State of Indiana (NFP)
49A02-1108-JV-832
Juvenile. Affirms adjudication as a delinquent child for committing two counts of battery that would be Class A misdemeanors if committed by an adult.
Michael Jones v. State of Indiana (NFP)
30A01-1108-CR-378
Criminal. Affirms 18-year sentence with three years suspended for Class B felony neglect of a dependent, holding that in light of Jones’ previous conviction of neglect, the sentence was not inappropriate.
Opinions March 13, 2012
7th Circuit Court of Appeals
Shannon McComas v. Edward Brickley
United States District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
11-2138
Civil. Reverses District Court’s denial of Brickley’s motion for summary judgment. McComas filed suit against Brickley for false arrest after the charges against McComas were dropped.
But Brickley claimed that he had probable cause to arrest McComas and qualified immunity in his role as a police officer. The 7th Circuit agreed and held the District Court erred in its determination of qualified immunity. It remanded with instructions consistent with its opinion.
COA affirms trial court in land rental dispute
The Indiana Court of Appeals has affirmed a trial court’s grant of summary judgment in favor of a tenant who was not given adequate notice to vacate rented land.
Judges affirm sentence for man who questions constitutionality of Indiana Code
A man’s criminal actions that resulted in a two-year sentence were not part of a single episode of criminal conduct, and therefore, his claim that his sentence was unconstitutional is without merit.
Justices reprimand former Marion County prosecutor
The Indiana Supreme Court has publicly reprimanded former Marion County Prosecutor Carl Brizzi for statements he made about a high-profile murder case, and in doing so the state’s justices have set a new standard and issued a warning for prosecutors statewide: Be careful what you say.