ISBA welcomes 25 lawyers to leadership program
Twenty-five attorneys make up the 2012 inaugural class of the Indiana State Bar Association’s Leadership Development Academy.
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Opinions Jan. 19, 2012 ILD
7th Circuit Court of Appeals had posted no opinions at IL deadline.
Indiana Court of Appeals
Fernando Contreras v. State of Indiana (NFP)
45A03-1106-CR-255
Criminal. Affirms sentence following guilty pleas to Class B felony burglary and Class C felony escape.
Beth E. Myers v. Rising Sun-Ohio County Community School Corporation (NFP)
58A05-1104-CT-193
Civil tort. Affirms summary judgment for the school corporation on Myers’ complaint asserting she was wrongfully discharged in retaliation for her worker’s compensation claim.
Term. of Parent-Child Rel. of K.T.; K.A. (Father) v. Indiana Dept. of Child Services, and Lake County CASA (NFP)
45A03-1105-JT-207
Juvenile. Affirms termination of parental rights.
Raymond Benjamin Gray v. State of Indiana (NFP)
82A04-1106-CR-327
Criminal. Affirms sentence for convictions of Class C felony criminal recklessness and Class A misdemeanor carrying a handgun without a license.
Marie Robinson v. State of Indiana (NFP)
67A01-1107-CR-306
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.
Stacey L. Certain v. State of Indiana (NFP)
91A02-1106-CR-546
Criminal. Reverses sentence for Class C felony operating a motor vehicle after forfeiture of license for life and remands with instructions to resentence Certain to the advisory sentence of four years.
Bart A. Dewald v. State of Indiana (NFP)
20A03-1010-CR-541
Criminal. Affirms sentences for conspiracy to commit aggravated battery, criminal confinement, intimidation, pointing a firearm, and criminal recklessness, and remands with instructions to vacate one conviction of conspiracy to commit aggravated battery and sentence for intimidation and resentence Dewald in accordance with the opinion. Judge Baker concurs in part and dissents in part.
I.M. v. State of Indiana (NFP)
49A04-1101-JV-41
Juvenile. Grants rehearing and affirms original decision reversing the juvenile court’s order of restitution. Remanded for a new restitution hearing.
Dominique Guyton v. State of Indiana (NFP)
49A02-1107-PC-724
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Jan. 19, 2012
Indiana Supreme Court
Chrysler Group, LLC v. Review Board of the Indiana Dept. of Workforce Development and T.A., et al.
93S02-1109-EX-565
Agency appeal. Affirms award of benefits to Chrysler employees offered a buyout. By Chrysler’s own words — to Congress and its own employees — Enhanced Voluntary Termination of Employment Program was part of a company-wide effort intended to avert twenty-nine manufacturing plant closures, twenty-two parts depot closures, and 53,000 layoffs. The board’s conclusion on this issue of ultimate fact was reasonable.
Holmes to retire from ACLU of Indiana
Gilbert L. Holmes, who has led the American Civil Liberties Union of Indiana for nearly three years, will retire March 31.
Supreme Court upholds unemployment benefits for Chrysler workers
The Indiana Supreme Court has affirmed the decision by the Review Board of the Indiana Department of Workforce Development granting unemployment benefits to Chrysler workers who took voluntary buyouts.
Judges refuse to create another intoxication defense
The Indiana Court of Appeals rejected a man’s argument that he should be allowed to use intoxication as a defense to his criminal charges because the prescription medication that caused his strange behavior was taken for valid medical purposes.
Attorney faces theft and forgery charges
An Indianapolis attorney and accountant has been charged with theft and forgery after an investigation revealed the attorney had misappropriated nearly $600,000 in funds from a guardianship account and a family trust account.
Opinions Jan. 18, 2012 ILD
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Rel. of Ay.L. and Al.L.; and R.L. and K.L. v. The Indiana Dept. of Child Services (NFP)
79A02-1104-JT-448
Juvenile. Affirms termination of parental rights.
Adam Hanna v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-1107-EX-667
Agency appeal. Affirms decision by the review board denying Hanna’s unemployment benefits.
Ramezan Hajizadeh v. Jo Hajizadeh a/k/a Jo Owens (NFP)
88A01-1012-DR-678
Domestic relation. Affirms dissolution court’s amended order dividing the marital property and denying Ramezan Hajizadeh’s requests for maintenance, enforcement of a U.S. Citizenship and Immigration Services Form I-864 affidavit of support, and attorney fees.
Steven D. Stocker and Nancy J. Stocker v. Connie L. Schnapf, as Trustee of Trust B Established Under the Thomas M. Crane Primary Trust Agreement Dated November 12, 1992 (NFP)
82A01-1106-MF-244
Mortgage foreclosure. Affirms judgment in favor of Schnapf and against the Stockers as to their liability under a promissory note and mortgage.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Jan. 18, 2012
Indiana Supreme Court
A.T. v. State of Indiana
49S02-1201-JV-26
Juvenile. Reverses trial court’s dispositional order and remands with instructions to vacate that portion of its order committing A.T. to the Department of Correction until his 18th birthday. Because A.T. does not meet the criteria of Indiana Code 31-37-19-9(b), a determinate commitment under that section may not be imposed.
Justices divided on proper sanction for attorney actions
The majority of Indiana Supreme Court justices found the trial court was within its discretion to dismiss a personal injury action because of the plaintiff’s attorney’s actions.
Justices reverse determinate commitment
In a three-page per curiam opinion released Wednesday by the Indiana Supreme Court, the justices reversed a juvenile’s determinate commitment to the Department of Correction for committing what would be felony murder if committed by an adult.
Human trafficking bill passes Senate
Senate Bill 4, legislation introduced to strengthen Indiana’s human trafficking statutes, has passed unanimously in the Senate. Legislators are pushing to make the bill a law before the Super Bowl in Indianapolis Feb. 5.
COA clarifies ruling in negligent hiring lawsuit
The Indiana Court of Appeals affirmed their decision to reverse the grant of an insurer’s motion for summary judgment against the parent company of a hotel. On rehearing, the appellate court denied that the other defendants involved in the lawsuit should benefit from the decision regarding Holiday Hospitality Franchising because the other parties didn’t appeal the original ruling.
Court splits over motion for discharge ruling
An Indiana Court of Appeals judge dissented from his colleagues in a Criminal Rule 4(B) motion for discharge case, disagreeing with the interpretation of language in Jenkins v. State regarding the relevant time for purposes of determining whether a defendant can file a pro se motion for a speedy trial.
Opinions Jan. 17, 2012 ILD
The Indiana Supreme Court had issued no opinions by IL deadline.
Indiana Court of Appeals
Term. of Parent-Child Rel. of D.C. and J.C.; J.D.C. (Mother) v. Indiana Dept. of Child Services (NFP)
82A01-1105-JT-225
Termination of Parental Rights. Affirms trial court’s termination of a mother’s parental rights, finding the court didn’t abuse its discretion in denying a continuance and that sufficient evidence existed to support the termination.
Rebecca Herb v. State of Indiana (NFP)
02A03-1106-CR-251
Criminal. Affirms aggregate two-year sentence that had six months suspended to probation. Finds that the sentence imposed following a guilty plea was not inappropriate in light of the nature of the fraud and stolen property offenses and the defendant’s character.
Adrian Deshon Porch v. State of Indiana (NFP)
10A01-1012-CR-686
Criminal. Affirms woman’s conviction for dealing in cocaine, dealing a narcotic drug and possessing paraphernalia, finding the court didn’t abuse its discretion in admitting certain evidence and that the appeal is barred under the law of the case doctrine.
Tyrone Tapp v. State of Indiana (NFP)
82A05-1106-CR-275
Criminal. Affirms defendant’s conviction as a habitual offender, finding the trial court didn’t commit reversible error in denying a motion to dismiss the habitual offender allegation.
Rising Property Management, LLP v. Department of Metropolitan Development Board of Zoning Appeals and Glendale Partners, Inc. (NFP)
49A02-1107-MI-662
Miscellaneous. Affirms trial court’s decision upholding a ruling by the Metropolitan Board of Zoning Appeals to approve a petition for variance filed by Glendale Partners. Finds that Rising Property Management has not established that the quantum of legitimate evidence was so proportionately meager as to lead to the conclusion that the BZA’s findings were not rational.
Aliesha Youna v. State of Indiana (NFP)
49A04-1106-CR-336
Criminal. Affirms defendant’s convictions for criminal recklessness and criminal mischief following a jury trial, finding the trial court did not abuse its discretion in not declaring a mistrial after allegedly improper remarks from the prosecutor during closing arguments.
Brandi M. Holder v. State of Indiana (NFP)
87A01-1106-CR-288
Criminal. Affirms convictions for paraphernalia and marijuana possession, finding the trial court didn’t abuse its discretion in admitting seized evidence, admitting the test results of an item found in the vehicle, and instructing the jury on constructive possession.
Jerome Maxwell v. State of Indiana (NFP)
49A04-1101-CR-6
Criminal. Affirms defendant’s convictions on felony child molesting and aggregate 40-year sentence of incarceration, finding the trial court didn’t abuse its discretion or commit fundamental error, that the prosecutor didn’t commit misconduct, that the convictions weren’t double jeopardy violations and the sentence is appropriate.
Indiana Tax Court had issued no opinions as of IL deadline.
A transfer disposition list shows the justices denied transfer on 10 cases during a private conference last week.
Opinions Jan. 17, 2012
7th Circuit Court of Appeals
Lebamoff Enterprises v. Alex Hurley, in his official capacity as chairman of the Indiana Alcohol and Tobacco Commission
11-1362
Southern District of Indiana, Indianapolis Division
U.S. Judge Jane Magnus-Stinson
Civil. Affirms District judge’s grant of summary judgment for the state defendants, ruling against a Fort Wayne area wine retailer’s constitutional challenge to a state law that prevents retailers from shipping wine to consumers via a motor carrier. The appellate panel found that the state statute is not preempted by federal law. Judge David Hamilton issued a separate concurring opinion.
SCOTUS won’t consider off-campus school speech
The nation’s highest court has declined to take a pair of cases asking whether schools can censor the off-campus behavior of students who post messages or photos against school officials or other students.
7th Circuit upholds Indiana law on wine shipping
The 7th Circuit Court of Appeals has upheld an Indiana statute that prevents alcohol retailers from shipping their products to consumers by using a motor carrier such as UPS, and the state has the authority to regulate those shipments through the 21st Amendment.
Order requires United Financial to pay court costs
The Indiana Supreme Court has ordered United Financial Systems Corp. and its officials to pay the court and a special master $16,003 for the costs associated with an Unauthorized Practice of Law action that has been ongoing for more than three years.
Indiana court decisions Jan. 1 to 11, 2012
Read summaries of the For Publications from the Indiana appellate courts and the 7th Circuit Court of Appeals.