COA: Grandma didn’t have standing to petition for visitation
The Indiana Court of Appeals has reversed the denial of a mother’s request to set aside grandparent visitation, finding the grandmother filed her petition in the incorrect court.
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Articles
Prison jumpsuits don’t constitute cruel and unusual punishment
Requiring inmates to wear lightweight jumpsuits instead of shirt and pants is not cruel and unusual punishment, ruled the Indiana Court of Appeals.
7th Circuit tackles ‘novel’ U visa review request
The 7th Circuit Court of Appeals has ruled it does not have jurisdiction to review immigration orders denying a specialized visa to a non-citizen trying to stay in the country after assisting in an investigation or prosecution.
Grandmother can’t petition for visitation
A grandmother has lost her right to petition for visitation rights after her son’s parental rights were terminated, so the trial court was correct in dismissing her petition, the Indiana Court of Appeals held Thursday.
Opinions Sept. 1, 2011 ILD
The following opinion was posted after IL deadline Wednesday:
Indiana Tax Court
Lyle Lacey v. Indiana Department of State Revenue
49T10-1102-TA-7
Tax. Dismisses Lacey’s petition regarding his 2008 adjusted gross income tax liability. The issues in this action are substantially the same as those decided in Lacey v. Ind. Dep’t of State Revenue (Lacey II), 948 N.E.2d 878 (Ind. Tax. Ct. 2011).
7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Mark E. Croy v. State of Indiana
48A02-1012-CR-1383
Criminal. Affirms convictions of Class D felony domestic battery and sentence imposed for that conviction and for Class D felony criminal confinement. The evidence is sufficient to show that Croy and Betty Cox had a spousal relationship at the time Croy attacked his ex-girlfriend. The sentence is appropriate.
Richard M. Clokey v. Penny M. Bosley Clokey
84A01-1009-DR-450
Domestic relation. Affirms trial court’s award of spousal support to Penny Clokey. The trial court was within its discretion to determine that Richard Clokey had transferred and commingled funds from the marital pot to the trust only he had access to and that he had dissipated funds when the court determined the appropriate distribution of the marital pot.
James Casey v. State of Indiana (NFP)
49A05-1101-CR-40
Criminal. Affirms conviction of Class A misdemeanor dealing in marijuana and reverses conviction of Class A misdemeanor possession of marijuana. Remands with instructions.
First Savings Bank, F.S.B. v. Baird Realty Appraisal Consultants, Inc., Richard R. Baird, and Glen Sperzel (NFP)
22A05-1008-CT-479
Civil tort. Affirms dismissal of the bank’s complaint because it was filed outside the two-year statute of limitations for negligence claims.
Sylvester Buckingham, Jr. v. State of Indiana (NFP)
71A03-1102-CR-107
Criminal. Affirms conviction of Class D felony possession of paraphernalia.
Michael L. Edwards v. State of Indiana (NFP)
59A05-1011-PC-769
Post conviction. Affirms denial of petition for post-conviction relief.
In Re: The Marriage of A.T.S. and B.K.T. (NFP)
20A05-1008-DR-564
Domestic relation. Affirms grant of motion to correct error regarding the amount of child support arrearage payable by father and denial of mother’s petition to transfer the case from Indiana to North Carolina. Remands with instructions to conduct a hearing upon mother’s allegation that father is in contempt of court for failure to pay a property settlement judgment.
Rikkia Weatherford v. State of Indiana (NFP)
54A04-1102-CR-65
Criminal. Affirms revocation of probation.
Daniel Wilkins v. State of Indiana (NFP)
02A03-1103-PL-119
Civil plenary. Affirms denial of motion for the return of property that was subject to a forfeiture action by the state.
Anthony Arnold v. State of Indiana (NFP)
31A01-1012-CR-689
Criminal. Affirms convictions of and sentence for Class B felony dealing in methamphetamine, Class D felony maintaining a common nuisance, Class D felony neglect of a dependent, and Class A misdemeanor possession of paraphernalia. Affirms sentence following guilty plea to Class D felony possession of methamphetamine, Class D felony maintaining a common nuisance, and Class A misdemeanor possession of paraphernalia.
McKenna T. Groves v. State of Indiana (NFP)
82A01-1102-CR-115
Criminal. Affirms conviction of Class A misdemeanor conversion.
Oswaldo Santos v. Allen County Sheriff (NFP)
02A05-1010-CT-654
Civil tort. Affirms summary judgment resulting in the dismissal of Santos’ claim against the sheriff.
Thomas Smith v. State of Indiana (NFP)
38A04-1008-CR-478
Criminal. Grants rehearing, vacates portion of earlier decision affirming Smith’s one-year sentence for contempt, and remands to the trial court to re-sentence him to a term not to exceed six months. Affirms original decision in all other respects.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 1, 2011
Indiana Court of Appeals
Mark E. Croy v. State of Indiana
48A02-1012-CR-1383
Criminal. Affirms convictions of Class D felony domestic battery and sentence imposed for that conviction and for Class D felony criminal confinement. The evidence is sufficient to show that Croy and Betty Cox had a spousal relationship at the time Croy attacked his ex-girlfriend. The sentence is appropriate.
Bankruptcy Court seeks comment on rule changes
The United States Bankruptcy Court for the Southern District of Indiana is now accepting comments on proposed amendments to its local rules.
State preparing to pay maximum in stage collapse damages
The state of Indiana is set to forgo costly and lengthy litigation and instead pay the maximum $5 million in damages allowed by law to victims of the Indiana State Fair concert stage collapse, Attorney General Greg Zoeller said Wednesday.
Unrepresented litigants don’t forfeit exemptions even if not pleaded
The Indiana Supreme Court has ruled in favor of a couple who were ordered in small claims court to pay $100 a month toward judgments and look for work each week. The couple’s only income is exempt under the general wage and the Social Security Income exemptions.
Man’s detainment by officer violated 4th Amendment
Conservation officers checking to see if a fisherman had a valid license did not have reasonable suspicion to detain the man and ask to see what was inside his bag after verifying his license, the Indiana Court of Appeals held.
Attorney must pay credit card company
An Illinois attorney has lost his appeal in his fight against a credit card company seeking to collect money owed on a Discover card.
Opinions Aug. 31, 2011 ILD
Wednesday’s opinions
7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Indiana Area Foundation of the United Methodist Church, Inc., d/b/a United Methodist Church, Bishop Michael Coyner, Ann Glass, and Robert Ostermeier v. Lynn Snyder
49A05-1011-CT-715
Civil tort. Reverses denial of the church’s motion for summary judgment on Rev. Snyder’s defamation claim. The church has made a prima facie showing that the trial court erred on this matter because the statements at issue involve Snyder’s fitness for ministry. Affirms summary judgment in favor of the church on Snyder’s breach of contract claim. The trial court couldn’t determine whether he had an enforceable contract without becoming excessively entangled in church doctrine in violation of the First Amendment. Remands for further proceedings.
Naomi Paddock v. Bradley K. Maikranz, et al. (NFP)
82A05-1010-CT-636
Civil tort. Affirms summary judgment for Maikranz and Fifth Third on Paddock’s suit alleging violations of the Indiana Uniform Securities Act, breach of fiduciary duty, and fraud.
Tony Benson v. State of Indiana (NFP)
71A05-1103-CR-90
Criminal. Reveres order granting Benson permission to file a belated notice of appeal and dismisses Benson’s appeal of his sentence.
Richard Swoboda v. Richard Stalbrink, Jr. (NFP)
46A04-1102-CT-39
Civil tort. Affirms summary judgment for Stalbrink Jr. in Swoboda’s claim for legal malpractice.
Aimee Cotton v. State of Indiana (NFP)
15A05-1101-CR-30
Criminal. Affirms conviction of Class D felony neglect of a dependent.
Eqwan Garrett v. State of Indiana (NFP)
49A05-1101-CR-2
Criminal. Affirms convictions of Class B felony possession of a firearm by a serious violent felon and Class D felony pointing a firearm.
Jerry Perry v. State of Indiana (NFP)
49A02-1012-CR-1363
Criminal. Affirms convictions of and sentence for Class B felony burglary, two counts of Class C felony robbery, Class C felony conspiracy to commit robbery, and two counts of Class D felony criminal confinement.
Dohjae Kirkland v. State of Indiana (NFP)
49A02-1101-CR-6
Criminal. Affirms conviction of Class B felony robbery.
Nelson Gary, II v. State of Indiana (NFP)
49A02-1012-CR-1367
Criminal. Affirms convictions of Class B felony arson and three counts of Class C felony criminal confinement.
Term. of Parent-Child Rel. of I.N. and J.T-R.; D.R.N., Jr. v. IDCS (NFP)
20A03-1101-JT-19
Juvenile. Affirms involuntary termination of parental rights.
Steve A. Morrison v. State of Indiana (NFP)
29A02-1012-IF-1337
Infraction. Affirms finding that Morrison committed a Class C infraction of failing to yield the right-of-way to an emergency vehicle.
Melinda Engelking v. John T. Cosby (NFP)
03A01-1101-CC-17
Civil collection. Affirms judgment in favor of Cosby on his claim for breach of a land use agreement.
Richard L. Snider and Sherrie W. Snider v. European Warmblood Imports, Inc., Michael Pedersen and April Pedersen (NFP)
02A04-1009-PL-614
Civil plenary. Affirms denial of the Sniders’ motion to correct error based on newly discovered evidence.
Antonio D. Murillo v. State of Indiana (NFP)
09A05-1011-CR-689
Criminal. Affirms convictions of Class C felony criminal confinement and Class D felony domestic battery.
Jacob J. Cummings v. State of Indiana (NFP)
34A04-1103-CR-103
Criminal. Affirms sentence following guilty plea to Class D felony possession of methamphetamine, Class D felony possession of a syringe, and Class A misdemeanor possession of marijuana.
Donald Klinzman v. State of Indiana (NFP)
49A02-1003-PC-465
Post conviction. Affirms denial of petition for post-conviction relief.
Jermail D. Warren v. State of Indiana (NFP)
20A05-1101-CR-94
Criminal. Affirms convictions of three counts of Class B felony dealing cocaine but reverses application of habitual offender sentencing enhancements to all three counts. Remands for removal of the enhancement from two sentences.
Danny Grigsby v. State of Indiana (NFP)
49A02-1101-CR-41
Criminal. Affirms conviction of Class D felony theft.
Reo Jon'ta Thompson v. State of Indiana (NFP)
45A03-1012-CR-635
Criminal. Affirms sentence for two counts of murder in the perpetration of robbery.
Indiana Tax Court
Brenda Truedell-Bell v. Marion County Treasurer
49T10-1107-TA-46
Tax. Dismisses appeal. Truedell-Bell’s lack of a final determination from the Indiana Board of Tax Review deprives the Tax Court of subject matter jurisdiction.
Opinions Aug. 31, 2011
Indiana Court of Appeals
Indiana Area Foundation of the United Methodist Church, Inc., d/b/a United Methodist Church, Bishop Michael Coyner, Ann Glass, and Robert Ostermeier v. Lynn Snyder
49A05-1011-CT-715
Civil tort. Reverses denial of the church’s motion for summary judgment on Rev. Snyder’s defamation claim. The church has made a prima facie showing that the trial court erred on this matter because the statements at issue involve Snyder’s fitness for ministry. Affirms summary judgment in favor of the church on Snyder’s breach of contract claim. The trial court couldn’t determine whether he had an enforceable contract without becoming excessively entangled in church doctrine in violation of the First Amendment. Remands for further proceedings.
Opinions Aug. 30, 2011 ILD
7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Wayne K. Smith v. State of Indiana
28A05-1011-CR-704
Criminal. Affirms trial court’s denial of motion to suppress evidence, holding that the search warrant did not violate Article 1, Section 11 of the Indiana Constitution.
D.W. v. State of Indiana (NFP)
89A03-1104-JV-176
Juvenile. Affirms judgment of juvenile court committing D.W. to the Indiana Department of Correction.
Marvin Mallet v. State of Indiana (NFP)
45A03-1102-CR-51
Criminal. Affirms denial of motion for misdemeanor treatment.
Jennifer Fulton v. State of Indiana (NFP)
27A02-1101-CR-132
Criminal. Affirms convictions of Class D felony possession of cocaine and associated charges.
Tom Kenneth v. State of Indiana (NFP)
49A02-1102-CR-167
Criminal. Affirms conviction of Class A felony burglary.
Brian C. Feely v. State of Indiana (NFP)
71A03-1101-CR-20
Criminal. Affirms sentence for Class C felony operating a vehicle while intoxicated after having been convicted of operating a vehicle while intoxicated causing death.
Joe M. Meyers v. State of Indiana (NFP)
49A04-1103-PC-144
Post conviction. Affirms denial of request for post-conviction relief.
Terrance R. Huber v. Montgomery County Sheriff (NFP)
54A01-1008-CT-558
Civil tort. Affirms trial court’s award of discovery sanctions to the Montgomery County Sheriff and remands to the trial court for a determination of appellate attorney fees and costs to be awarded to the sheriff’s office.
Lawrence Ray Holley II v. State of Indiana (NFP)
79A02-1005-PC-652
Post conviction. Dismisses appeal, holding that the post-conviction court’s order denying Holley’s petition constituted a final judgment.
Term. of Parent-Child Rel. of B.M.; L.M. v. IDCS (NFP)
49A02-1012-JT-1441
Juvenile termination of parental rights. Affirms termination of father’s parental rights.
Jay A. Thomas v. State of Indiana (NFP)
36A01-1011-CR-583
Criminal. Affirms revocation of probation.
Terry Durbin v. State of Indiana (NFP)
68A01-1012-CR-608
Criminal. Affirms conviction of Class A felony murder.
William R. Robison v. State of Indiana (NFP)
22A01-1102-CR-33
Criminal. Affirms trial court’s finding that Robison violated the terms of his probation and should serve five years of his previously suspended sentence.
In Re The Marriage of: Daniel Madden v. Tracy Madden n/k/a Tracy Chavez (NFP)
46A05-1102-DR-115
Domestic relations. Affirms trial court’s denial of father’s petition to modify custody. Denies mother’s request to remand to the trial court for assessment of appellate attorney fees against father, finding the fee assessment is unwarranted.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Aug. 30, 2011
Indiana Court of Appeals
Martin A. Villalon, Jr. v. State of Indiana
45A03-1010-CR-544
Criminal. Affirms conviction of felony murder and 60-year sentence, holding the juvenile court did not abuse its discretion in waiving Villalon to adult court, and that the Sixth Amendment does not apply to juvenile proceedings.
Appeals court sides with murder defendant in hearsay appeal
Citing hearsay rules, the Indiana Court of Appeals has affirmed a trial court’s finding that the state may not introduce into evidence statements that could implicate a man who is facing murder charges.
IBA Editorial: Court Funding in Critical Condition Nationwide
One of the corner stones of our American system of jurisprudence is free and open access to the trial courts and judicial system. The ability of businesses to solve their disputes in an orderly fashion and the predictability of outcomes encourages business to be conducted in our country.
IBA: 25th Anniversary of the Women and the Law Division: A Symposium on Women, Law & Leadership
This year marks an exciting milestone for IndyBar’s Women and Law Division. Twenty-five years ago, a number of visionary lawyers in our community founded WLD to create opportunities for professional growth and personal connections among women lawyers. A quarter of a century later, WLD remains a strong presence in the Indianapolis Bar Association.
IBA: Estate Planning 101 for Lawyers – Are You Prepared?
As an estate planning attorney, I regularly counsel clients about disability and death planning. If truth be told, however, I’m not always good at following my own advice. Attorneys procrastinate as much as the clients we represent, too often getting caught up in our daily endeavors and failing to make sure our own affairs are in order. As fall approaches, I’m making time to review my estate planning, and I encourage you to do the same.