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Opinions Oct. 19, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Carla Johnson and Michael Johnson v. State of Indiana (NFP)
49A05-0911-CR-651
Criminal. Affirms Carla’s convictions of Class B felonies neglect of a dependent and battery, and affirms Michael’s conviction of Class B felony neglect.

Term. of Parent-Child Rel. of C.H.; L.M. v. I.D.C.S. (NFP)
49A04-1003-JT-201
Juvenile. Affirms involuntary termination of parental rights.

The Matter of M.C. v. State of Indiana (NFP)
49A02-1003-JV-437
Juvenile. Affirms restitution order following M.C.’s adjudication as a delinquent child for committing what would be Class D felony theft if committed by an adult.

Robert Martin v. State of Indiana (NFP)
47A01-1005-CR-269
Criminal. Affirms conviction of Class C felony child molesting.

William D. Osborn v. State of Indiana (NFP)
27A04-0911-CR-670
Criminal. Affirms convictions of three counts of Class C felony child molesting.

Anthony Williams v. State of Indiana (NFP)
49A02-1001-PC-66
Post conviction. Affirms denial of petition for post-conviction relief.

Randal L. Pryor v. State of Indiana (NFP)
20A03-0912-PC-615
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.

 

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Ukrainian delegates visit Indianapolis, observe legal system

Six delegates from the Ukraine’s legal community will be in Indianapolis through Saturday to learn about the American legal system by observing court hearings and meeting with members of the legal community, as well as participating in cultural activities.

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New justice joins the Indiana Supreme Court

The state now has its 106th justice on the Indiana Supreme Court. Justice Steven H. David officially took his oath and donned his black robe for the state’s highest court today, culminating a process that began with a May announcement that Justice Theodore R. Boehm was stepping down from the bench. Gov. Mitch Daniels chose the 15-year Boone Circuit judge about a month ago.

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Opinions Oct. 18, 2010 ILD

Indiana Supreme Court, Indiana Court of Appeals, and Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to 12 cases for the week ending Oct. 15.

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Opinions Oct. 18, 2010

7th Circuit Court of Appeals
Tom George, et al. v. National Collegiate Athletic Association
09-3667
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Vacates opinion reversing District Court’s dismissal of claims with prejudice, stays the appeal, and certifies three questions to the Indiana Supreme Court: Do the plaintiffs’ allegations about the NCAA’s method for allocating scarce tickets to championship tournaments describe a lottery that would be unlawful under Indiana law? If the plaintiffs’ allegations describe an unlawful lottery, would the NCAA’s method for allocating tickets fall within the Ind. Code Section 35-45-5-1(d) exception for “bona fide business transactions that are valid under the law of contracts”? If the plaintiffs’ allegations describe an unlawful lottery, do plaintiffs’ allegations show that their claims are subject to an in pari delecto defense as described in Lesher v. Baltimore Football Club and Swain v. Bussell?

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SCOTUS declines Indiana death penalty case

The nation’s highest court won’t re-consider a ruling by the Indiana Supreme Court late last year that upheld a man’s death sentence and revised its stance on what it means when a jury fails to recommend a unanimous sentence.

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Opinions Oct. 15, 2010 ILD

 Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Southlake Community Mental Health Center, Inc., et al. v. Board of Zoning Appeals of the City of Crown Point, Indiana, et al.
45A03-1002-MI-81
Miscellaneous. Reverses determination that the Board of Zoning Appeals of the City of Crown Point correctly concluded that Southlake and Watertower South’s proposed use of a certain parcel was inappropriate for the parcel’s zoning classification. The original appeal of the Crown Point Plan Commission’s decision by Feather Rock Professional Office Park was untimely. Remands with instructions to grant Southlake and Watertower’s certiorari petition.

Ritzert Co., Inc., et al. v. United Fidelity Bank, Tyme Properties, LLC, et al.
82A04-1001-PL-35
Civil plenary. Affirms summary judgment for United Fidelity Bank on the contractors’ claim for unjust enrichment. United, which made no request, express or implied, to the contractors for their services did not otherwise owe a duty to the contractors.  

Travis Cordell v. State of Indiana (NFP)
29A02-1005-CR-601
Criminal. Affirms revocation of probation.

Travis D. Rutherford v. State of Indiana (NFP)
20A03-1005-PC-278
Criminal. Affirms guilty plea to, conviction of, and sentence for Class D felony voyeurism.

Term. of Parent-Child Rel. of E.Y., et al.; C.Y. v. Montgomery County D.C.S. (NFP)
54A01-1005-JT-229
Juvenile. Affirms involuntary termination of parental rights.

In the Matter of the Mental Health Proceedings of D.J. (NFP)
29A04-1003-MH-205
Mental health. Affirms order involuntarily committing D.J. to a mental-health facility as an inpatient.

Christopher Rudolph v. State of Indiana (NFP)
49A04-1002-CR-61
Criminal. Affirms 25-year sentence for aggravated battery, unlawful possession of a firearm by a serious violent felon, and carrying a handgun without a license under one cause number; and unlawful possession of a firearm by a serious violent felon, dealing in marijuana, and resisting law enforcement under another cause number.

Crystal G. Huesman v. State of Indiana (NFP)
73A01-1002-CR-130
Criminal. Affirms determination that Huesman violated her probation.

Dametrick M. Gray v. State of Indiana (NFP)
02A05-1002-CR-143
Criminal. Affirms conviction of Class B felony robbery.

Indiana Tax Court had posted no opinions at IL deadline.
 

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Opinions Oct. 15, 2010

Indiana Court of Appeals
Southlake Community Mental Health Center, Inc., et al. v. Board of Zoning Appeals of the City of Crown Point, Indiana, et al.
45A03-1002-MI-81
Miscellaneous. Reverses determination that the Board of Zoning Appeals of the City of Crown Point correctly concluded that Southlake and Watertower South’s proposed use of a certain parcel was inappropriate for the parcel’s zoning classification. The original appeal of the Crown Point Plan Commission’s decision by Feather Rock Professional Office Park was untimely. Remands with instructions to grant Southlake and Watertower’s certiorari petition.

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ICLEF gives $100,000 to Indiana Bar Foundation

The Indiana Continuing Legal Education Forum’s governing board is giving $100,000 to the Indiana Bar Foundation, which is struggling financially because of low interest rates that have hit IOLTA accounts and created problems in funding pro bono and related programs statewide.

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