Judge Martha Wentworth has handed down her first opinion as Indiana’s Tax Court judge. In her decision, she reversed the probate court’s finding that an estate didn’t have to file an inheritance tax return on checks issued to a deceased woman’s brother on an annuity contract.
A majority of Indiana Supreme Court justices granted transfer today to Mariea L. Best v. Russell C. Best, No. 06S05-1102-CV-73, and affirmed a special judge’s decision to grant a father physical custody of his daughter M.B. They held the trial court made the necessary findings to support the modification.
Indiana Court of Appeals had posted no opinions at IL deadline.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court
Mariea L. Best v. Russell C. Best
06S05-1102-CV-73
Civil. Affirms trial court grant of primary physical custody of M.B. to father. The trial court made the necessary findings that there has been a substantial change in one or more of the statutory factors and that the modification of physical custody is in M.B.’s best interests. Reverses the finding that the mother is in contempt. Justice Sullivan dissented and would deny transfer. Justice David did not participate.
The Legal Aid Outback lunch and auction will be held Feb. 23 at Outback Steakhouse in Lafayette. Proceeds from the event benefit Legal Aid Corporation of Tippecanoe County, a nonprofit that provides low-cost legal assistance to low-income county residents on family law matters.
A bill that would increase the automated record-keeping fee to pay for implementation of a statewide case-management system and a bill that proposes to create a unified Circuit Court in Clark County are just two of the bills before committees this week in the Indiana General Assembly.
The Indiana Court of Appeals reversed in part the denial of a man’s pro se petition for post-conviction relief, holding the post-conviction court’s findings didn’t support its rejection of the man’s claim his plea was illusory or involuntary.
The Indiana Supreme Court will hold oral arguments in a case alleging negligence against the Putnam County sheriff Tuesday at Indiana University School of Law – Indianapolis.
Although one Indiana Court of Appeals judge concurred that a biological father’s petition granting visitation with his daughter should be reversed, he urged legislators and the Indiana Supreme Court to reconsider the issues raised in this case to “avoid equally unjust results in future cases.”
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Jerry Ehman v. Mary Ehman
48A02-1006-DR-691
Domestic relation. Reverses $31,322 award to Mary, the full amount set forth in the original divorce decree involving her share of Jerry’s retirement account. After the decree was issued, the account declined dramatically due to a drop in the value of General Motors stock. Mary was in the best position to avoid the loss and her failure to submit the Qualified Domestic Relations Order and seek assistance from the trial court in a timely fashion contributed to the dramatic decline in the value of the personal savings plan. Remands with instructions.
Dustan Slade v. State of Indiana
38A02-1007-CR-875
Criminal. Affirms 20-year executed sentence following guilty plea to Class A felony dealing in cocaine. Judicial estoppel does not apply here, and the trial court did not erroneously conclude that his sentence was non-suspendible below 20 years when the state dismissed its firearm sentence enhancement allegation pursuant to the written plea agreement. The trial court concluded it was required to execute at least 20 years of his 30-year sentence because the judge found Slade possessed a firearm during the commission of the crime based on the pre-sentence investigation report.
Arthur Davis v. State of Indiana (NFP)
49A02-1006-CR-742
Criminal. Affirms two convictions of Class B felony robbery.
Tracy J. Talley v. State of Indiana (NFP)
49A02-1006-CR-641
Criminal. Affirms conviction of Class A misdemeanor trespass.
Matter of the Civil Commitment of J.G. v. Community Hospital North/Gallahue Mental Health Services (NFP)
49A02-1008-MH-835
Mental health. Affirms order involuntarily committing J.G. to the custody of Community North Hospital/Gallahue Mental Health Services for 90 days.
Dale G. Catron v. State of Indiana (NFP)
24A05-1007-CR-535
Criminal. Affirms revocation of probation after Catron stopped paying restitution.
Carl Andre Coleman v. State of Indiana (NFP)
20A05-1008-CR-553
Criminal. Affirms convictions of and sentence for Class B felony burglary and Class D felony criminal confinement.
Term. of Parent-Child Rel. of Z.S. and A.P.; T.S. v. Knox County DCS (NFP)
42A01-1006-JT-312
Juvenile. Affirms termination of parental rights.
Lewis C. Woodward v. State of Indiana (NFP)
10A01-1008-CR-396
Criminal. Dismisses appeal of motion to dismiss charges of Class D felony sexual battery, Class D felony residential entry, and Class B misdemeanor public intoxication.
S.S. v. State of Indiana (NFP)
49A02-1004-JV-493
Juvenile. Affirms order committing S.S. to the Indiana Department of Correction.
Lawrence Lusk v. State of Indiana (NFP)
71A03-1007-CR-433
Criminal. Affirms conviction of Class C felony carrying a handgun without a license with a prior conviction.
Darrick Williams v. State of Indiana (NFP)
49A02-1008-CR-856
Criminal. Affirms aggregate 40-year sentence following convictions of Class A felony burglary and Class A felony robbery.
Paul Rogers v. State of Indiana (NFP)
49A02-1005-CR-585
Criminal. Reverses conviction of Class B felony burglary and remands for a new trial.
D.K. v. Review Board (NFP)
93A02-1006-EX-639
Civil. Affirms denial of request for unemployment benefits.
James Roberson v. State of Indiana (NFP)
22A04-1001-CR-100
Criminal. Affirms denial of motion to withdraw guilty plea and sentence for Class A felony robbery resulting in serious bodily injury.
Indiana Tax Court had posted no opinions at IL deadline.
Ricky E. Graham v. State of Indiana
22A01-1008-PC-392
Post conviction. Affirms post-conviction relief court properly rejected Graham’s claims of an inadequate factual basis or ineffective assistance of appellate counsel, and claims of fundamental error. The PCR court’s findings don’t support its rejection of his claim that his plea was illusory or involuntary. Remands for a new PCR hearing to address that issue and the question of the effectiveness of his trial counsel on the grounds raised in his PCR petition, should he resubmit his subpoena request for his trial counsel to appear at the new hearing.
The National Court Appointed Special Advocate Association announced Thursday afternoon that it will honor Indianapolis-based Child Advocates Inc. with the National CASA Inclusion Award at their 30th Annual National CASA Conference in Chicago on March 20.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Jezrael T.S. Vaughn v. State of Indiana (NFP)
15A01-1007-CR-424
Criminal. Affirms revocation of probation and reinstatement of previously suspended sentence.
Term. of Parent-Child Rel. of J.T.J.; K.F. v. IDCS (NFP)
02A03-1006-JT-313
Juvenile. Affirms involuntary termination of parental rights.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Terry Likens, et al. v. Prickett's Properties, Inc., et al.
43A03-1008-PL-455
Civil plenary. Affirms summary judgment in favor of Prickett’s Properties Inc. and Realtor Jack Stump in the Likenses’ suit alleging negligence/breach of agency duty. According to Indiana Code Chapter 25-34.1-10, the only duty Stump owed the sellers is to treat them honestly and not knowingly give them false information. The Likenses do not allege on appeal that he breached this duty.
The Indiana Court of Appeals affirmed that a real estate agent representing buyers did not breach the duty he had to the sellers when he communicated with them personally about accepting his clients’ offer.
Indiana Court of Appeals
The following opinions are from Feb. 2, 2011:
Spencer R. Norvell v. State of Indiana (NFP)
18A02-1006-CR-696
Criminal. Affirms denial of motion for withdrawal of guilty plea.
Shane O. Bright v. State of Indiana (NFP)
58A01-1005-CR-243
Criminal. Affirms sentence following guilty plea to Class C felony possession of methamphetamine with a firearm and Class D felony possession of cocaine.
Tra Hibbard v. State of Indiana (NFP)
28A05-1008-CR-537
Criminal. Affirms 45-year sentence following guilty plea to two counts of Class B felony operating a vehicle with a controlled substance in blood causing death and one count of Class C felony criminal recklessness with a deadly weapon resulting in serious bodily injury.
George G. Casillas v. State of Indiana (NFP)
49A05-1006-CR-370
Criminal. Affirms sentence following convictions of Class D felonies strangulation and domestic battery.
Today’s opinions
Anthonia R. McWhorter v. State of Indiana (NFP)
45A03-1006-CR-334
Criminal. Affirms 12-year sentence following guilty plea to Class B felony dealing in cocaine.
Eric Daniels v. State of Indiana (NFP)
49A02-1005-CR-531
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.
Michael Linner, et al. v. Wells Fargo Bank, N.A., et al. (NFP)
71A04-1005-MF-391
Mortgage foreclosure. Affirms order denying the Linners' motion to correct error following entry of summary judgment against them in subsequent proceedings relating to a foreclosure action brought by Wells Fargo Bank.
Richard N. Bell v. Nancy D. Bell (NFP)
49A05-1005-DR-315
Domestic relation. Affirms disposition of the marital estate following dissolution of the Bells’ marriage.
Larry M. Gonzalez v. State of Indiana (NFP)
02A03-1005-CR-295
Criminal. Reverses one conviction of child molesting as a Class A felony and affirms the remaining three convictions of child molesting, one as a Class A felony and two as Class C felonies.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court
Clifton Mauricio v. State of Indiana
02S03-1009-PC-501
Post conviction. Reverses denial of petition for post-conviction relief and remands for re-sentencing. The Supreme Court cannot say that the trial court would have sentenced Mauricio to 50 years notwithstanding its reference to a statute that was later held to be inapplicable.
A man who received 50 years for murder should be re-sentenced because of conflicting amendments involving the penalty for murder at the time the judge handed down the sentence, the Indiana Supreme Court ruled today.
Students from the four Indiana law schools are participating in the Internal Revenue Service’s Volunteers in Tax Assistance program during the 2011 tax season.
Several bills of impact on the courts saw action this week before the Indiana General Assembly shut down for two days after a winter storm hit the state.