The Indiana Supreme Court accepted two civil cases last week on transfer, in addition to the two-high profile appeals involving legislative fines against lawmakers and Secretary of State Charlie White.
The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had issued no decisions at IL deadline.
Indiana Court of Appeals
Ayoade Adewopo v. State of Indiana (NFP)
41A05-1107-CR-380
Criminal. Affirms conviction of class A misdemeanor domestic battery on grounds that evidence was sufficient for the trial court to sustain the conviction.
Rashad A. Bentley v. State of Indiana (NFP)
82A04-1106-CR-288
Criminal. Affirms the 80-year aggregate sentence for defendant convicted of felony battery with a deadly weapon and criminal recklessness, finding that the trial court’s sentencing order was appropriate given the defendant’s highly dangerous nature.
Indiana Court of Appeals
Bloomington Magazine, Inc. v. Mark Kiang d/b/a Mikado Restaurant, Sunbeam Corp., and Truffles 56 Degrees Incorporated
53A05-1012-SC-790
Civil. Reverses trial court’s order denying a motion to set aside judgment in favor of Mikado Restaurant Sunbeam Corp. and Truffles 56 Degrees. Finds that the trial court abused its discretion in denying a motion for the judge’s recusal and request for a special judge in light of one of the attorney’s past involvement as the judge’s 2008 election campaign chair. Remands the case for proceedings consistent with this appellate decision.
The Indiana Court of Appeals has ruled that a Monroe Circuit judge abused her discretion in denying a motion to recuse in a small claims case that involved an attorney who previously served as the judge’s election campaign committee chair.
Attorney General Greg Zoeller, the Indiana State Bar Association and Feeding Indiana’s Hungry have announced details of the fourth annual March Against Hunger food drive.
Any gift contributed by a lawyer to the Indiana Bar Foundation’s Richard M. Givan Loan Repayment Assistance Program this year could potentially quadruple in value, thanks to fund-matching initiatives.
7th Circuit Court of Appeals had issued no Indiana opinions by IL deadline.
Indiana Court of Appeals
Westfield National Insurance Company v. Charlotte Nakoa, Warren E. Rigg, Steven L. Rigg, and Larry D. Rigg (NFP)
64A03-1108-PL-345
Civil plenary. Affirms trial court’s entry of summary judgment in favor of Nakoa, and on Nakoa’s cross-appeal holds that the trial court did not err in granting Westfield National’s motion to correct error by deducting $10,200 from the original judgment.
Gregory J. Mills v. Dean Kimbley (NFP)
49A04-1105-CT-236
Civil tort. Affirms trial court’s denial of Mills’ contempt motion. On cross-appeal from Kimbley, reverses trial court’s determination that Kimbley was not entitled to attorney fees incurred while defending against the contempt action and remands to the trial court to calculate Kimbley’s attorney fees.
Robert O. Caruthers, Jr. v. State of Indiana (NFP)
10A01-1009-CR-514
Criminal. Affirms convictions of Class B felony dealing in cocaine, Class A felony dealing in cocaine, two counts of Class D felony possession of a controlled substance and Class C felony maintaining a common nuisance.
Indiana Tax Court and Indiana Supreme Court had issued no opinions at IL deadline.
Indiana Court of Appeals
Commissioner of the Indiana Dept. of Insurance v. Tim Black, as Husband and Personal Rep. of Kay Black, Deceased
64A05-1104-CT-240
Civil tort. Reverses trial court’s denial of commissioner’s motion to dismiss but agrees with Black that because additional documentation had accompanied the commissioner’s motion, it should be treated as a motion for summary judgment, pursuant to Trial Rule 56. Holds that Black did not provide sufficient evidence of an agreement and a genuine issue of material fact exists. Remands for further proceedings.
The Indiana Court of Appeals has sided with the commissioner of the Indiana Department of Insurance in a medical malpractice case.
Indiana Attorney General Greg Zoeller announced Thursday that Indiana would be one of 49 states benefitting from the federal government's settlement with five major mortgage lending banks and servicing institutions.
The U.S. Senate Judiciary Committee approved legislation Thursday that will allow cameras in the Supreme Court of the United States. The measure, S.1945, was approved by an 11-7 vote.
Four men and three women have been named semi-finalists to become the next Indiana Supreme Court justice.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Terry Drake v. State of Indiana (NFP)
49A02-1106-CR-516
Criminal. Affirms convictions of murder, Class A felony attempted murder, and Class A misdemeanor carrying a handgun without a license.
Shannan D. Deneve v. Billy Joe Shambarger (NFP)
43A03-1107-DR-354
Domestic relation. Affirms order denying Deneve’s request to order Shambarger to participate in counseling with their minor child and to order Shambarger to strictly comply with the parenting time guidelines. Also affirms award of attorney fees to Shambarger.
7th Circuit Court of Appeals
Sammie L. Booker-El v. Superintendent, Indiana State Prison and all agents
10-1490
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms District Court’s dismissal of Booker-El’s complaint that prison officials misappropriated funds intended by statute to be used for the inmates’ benefit without due process of law. Booker-El has no property interest in the inmates’ recreation fund.
The 7th Circuit Court of Appeals has upheld the decision in the Northern District of Indiana that an inmate has no property interest in prison recreation funds.
Indiana University Maurer School of Law and Valparaiso University Law School students will once again help low-income and elderly Hoosiers prepare their tax returns.
The Black Law Students Association, The Democratic Law Society and the ACLU chapter at Indiana University Robert H. McKinney School of Law will host a Black History Month event Feb. 14 commemorating the lives to two civil rights figures.
The Indiana Court of Appeals affirmed a man’s conviction of Class A felony burglary resulting in bodily injury because all the statute requires is evidence the victim experienced physical pain, which the victim in this case did when the burglar twisted her hand.
For the sixth year in a row, Marion County Clerk Beth White will perform civil marriage ceremonies on Valentine’s Day to raise money for the American Heart Association’s Go Red for Women campaign.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Kevin M. Timko v. State of Indiana (NFP)
84A05-1104-CR-228
Criminal. Remands with instructions that the trial court correct the judgment and recalculate the credit time to which Timko is entitled. Affirms convictions of and sentence for two counts of Class A felony child molesting, two counts of Class A felony criminal deviate conduct, and Class C felony child exploitation.
Vincent L. Gant v. State of Indiana (NFP)
85A02-1107-CR-674
Criminal. Affirms convictions of and sentence for Class B felonies dealing in methamphetamine and dealing in a schedule I, II or III controlled substance. Remands for a correction of the sentencing order.
David L. Scudder v. State of Indiana (NFP)
16A04-1104-CR-207
Criminal. Affirms convictions of Class D felonies theft and official misconduct.
Elizabeth A. McQuinn v. Michael T. McQuinn (NFP)
29A02-1107-DR-689
Domestic relation. Affirms order modifying Michael McQuinn’s parenting time and finding Elizabeth McQuinn in contempt of court for interfering with father’s parenting time.
Kristina L. Phillips v. State of Indiana (NFP)
87A05-1105-CR-303
Criminal. Affirms sentence following guilty plea to Class D felony neglect of a dependent.
Jay Unger v. State of Indiana (NFP)
67A01-1102-PC-32
Post conviction. Affirms denial of petition for post-conviction relief but remands with instructions that the trial court determine the amount of restitution, if any, Unger has not yet paid, and to fix the manner of payment.
Ravonte L. Love v. State of Indiana (NFP)
18A02-1106-CR-575
Criminal. Affirms order Love serve the remainder of his previously suspended sentence following revocation of home detention.
Leslie E. Foreman v. State of Indiana (NFP)
22A04-1108-CR-467
Criminal. Affirms sentence following guilty plea to Class D felony child solicitation and Class A misdemeanor indecent exposure.
Angela M. Lemarr v. State of Indiana (NFP)
20A05-1105-CR-258
Criminal. Affirms conviction of Class A misdemeanor false informing.
Richard M. Ford v. State of Indiana (NFP)
34A02-1107-CR-671
Criminal. Affirms sentence following guilty plea to Class D felony domestic battery.
Michael D. Wright, Sr. v. State of Indiana (NFP)
47A01-1106-CR-289
Criminal. Affirms revocation of probation and the execution of previously suspended sentences.
Kenneth A. Horton v. State of Indiana (NFP)
82A01-1105-CR-231
Criminal. Affirms convictions of Class C felony robbery and Class D felony auto theft.
Joe Songer, Jr. v. State of Indiana (NFP)
64A03-1101-CR-41
Criminal. Affirms sentence for two counts of Class C felony burglary.
Term. of the Parent-Child Rel. of K.M.: H.M. v. Indiana Dept. of Child Services (NFP)
27A05-1107-JT-329
Juvenile. Affirms involuntary termination of parental rights.
Edwin Mauricio Parrillas d/b/a Hispano America Auto Sales v. Los Amigos Auto Sales, Inc. (NFP)
82A04-1104-SC-228
Small claim. Affirms judgment in favor of Los Amigos Auto Sales in its claim for $2,000, plus $1,000 in damages.