Indiana Court of Appeals
In the Matter of the Involuntary Termination of the Parent-Child Relationship of: J.M. and E.M. (Minor Children), and J.K. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JT-2868
Juvenile termination of parental rights. Affirms the termination of J.K.’s parental rights to two of her minor children, J.M. and E.M. Finds there is sufficient evidence to support the termination.
The following opinions were posted after IL deadline Wednesday.
7th Circuit Court of Appeals
Barrington Music Products, Inc v. Music & Arts Center
18-2945
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Affirms the Northern District Court’s denial of Barrington Music Products, Inc.’s Rule 59(e) motion to amend a prior award of damages in its favor stemming from sales made through Guitar Center stores to include sales from Music & Arts Centers and Woodwind & Brasswind Inc. of products using the trademark “Ventus.” Finds no reason to conclude the jury’s determination would be different if it were aware that Music & Arts and Woodwind are divisions of Guitar Center, not distinct corporations.
Indiana Court of Appeals
City of New Albany v. Board of Commissioners of the County of Floyd, New Albany Floyd County Indiana Building Authority
18A-MI-1627
Miscellaneous. Reverses the Floyd Superior Court’s entry of judgment in favor of Floyd County against the New Albany Floyd County Indiana Building Authority and the City of New Albany. Finds the Building Authority lacked the statutory authority to agree to a turn-over provision in the 1992 lease, making it void. However, finds the county can still exercise a purchase option pursuant to the lease. Remands with instructions for the trial court to vacate the order granting title to the Criminal Justice Center in the County. Judge Elaine B. Brown concurs in part and dissent in part in a separate opinion.
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: L.S. (Minor Child), and A.S. (Mother) v. The Indiana Department of Child Services
18A-JT-2881
Juvenile termination of parental rights. Affirms the termination of A.S.’s parent-child relationship with L.S. Finds the Union Circuit Court did not commit reversible error in the admission of evidence. Also finds the evidence was sufficient.
Indiana Court of Appeals
Christian Morris v. State of Indiana (mem. dec.)
18A-CR-2414
Criminal. Affirms Christian Morris’ conviction of Level 6 felony domestic battery and Class A misdemeanor criminal trespass. Finds there is sufficient evidence to support the convictions.
Indiana Court of Appeals
Jasmine McCoy v. State of Indiana (mem. dec.)
18A-CR-2789
Criminal. Affirms Jasmine McCoy’s conviction of Class A misdemeanor battery, finding the evidence before Marion Superior Court was sufficient.
Indiana Supreme Court
In the Matter of Mandate of Funds for the Lake Superior Court; Lake County Council and Lake County Auditor v. The Hon. John R. Pera, et al.,
18S-CB-442
Court business. Affirms Special Judge W. Tobin McClamroch’s order that $176,467.17 be awarded to 14 Lake Superior judges to pay for attorney fees and expenses incurred against the Lake County Council and the Lake County Auditor. Finds substantial evidence supports the monetary award to the judges and that the special judge did not abuse his discretion.
The following 7th Circuit Court opinions were posted after IL deadline Tuesday.
Anthony Gant v. Daniel Hartman
18-1287
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Dismisses Daniel Hartman’s appeal of the denial of his motion for summary judgment. Finds the appellate court lacks jurisdiction because Hartman’s appellate argument relies on disputed facts and he has not presented sufficient evidence to “utterly discredit” the district court’s findings.
Indiana Court of Appeals
Mark Adrian Hughes v. State of Indiana (mem. dec.)
18A-CR-1007
Criminal. Reverses Mark Hughes’ convictions of two counts of Level 5 felony burglary and two counts of Level 6 felony theft, and the finding that he is a habitual offender. Finds nothing “so strikingly similar or unique” about the circumstances of the burglary as to constitute a signature crime. Also finds Hughes’ prior burglary convictions were not admissible to prove identity or plan and served only to establish a propensity to commit burglary. Finally, finds the admission of evidence relating to Hughes’ prior burglary convictions affected his substantial rights. Remands for a new trial.
The following Indiana Tax Court opinion was posted after IL deadline Friday:
Tell City Boatworks, Inc. v. Indiana Department of State Revenue
18T-TA-4
Tax. Denies in part the Indiana Department of State Revenue’s motion to exclude tax service provider alliantgroup LP’s report, and/or limit Stacy Little’s testimony on behalf of Tell City Boatworks, Inc. Finds Little may testify only as an expert witness and not a fact witness, and that the Department may conduct additional discovery regarding Little as an expert witness in its litigation against Tell City.
The following 7th Circuit Court of Appeal opinions were posted after IL deadline Thursday.
USA v. Ronnie Cosby
18-2053
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip Simon.
Criminal. Affirms the Northern District Court’s denial of Ronnie Cosby’s motion for a continuance, motion to suppress, motion for a judgment of acquittal for his conviction of transporting a minor with the intent that she engage in prostitution, and his motion for a mistrial based on a sex trafficking expert’s false testimony. Finds the expert did not testify in dual-capacity as an expert and a fact witness.
The following Indiana Tax Court Opinion was posted after IL deadline Wednesday:
Wigwam Holdings LLC v. Madison County Assessor
18T-TA-15
Tax. Affirms the Indiana Board of Tax Review’s final determination that upheld the assessment of Wigwam Holdings LLC’s real property for the 2015 tax year. Finds Wigwam has not demonstrated that the board’s final determination is arbitrary, capricious, an abuse of discretion, unsupported by substantial evidence or in excess of its statutory authority.
Indiana Court of Appeals
Christopher C. Ferran v. State of Indiana (mem. dec.)
18A-CR-2018
Criminal. Affirms Christopher Ferran’s conviction of Level 5 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia. Finds the Lawrence Superior Court did not abuse its discretion in admitting a detective’s testimony concerning the identification of pipe residue as meth.
Indiana Court of Appeals
Kirk S Freeman v. Tricia L Thompson
18A-SC-2718
Small claims. Affirms the Tippecanoe Superior Court’s dismissal of Lafayette attorney Kirk S. Freeman’s defamation complaint against Tippecanoe Superior Court Magistrate Tricia L. Thompson for failure to state a claim upon which relief can be granted. Finds Thompson was acting within her judicial capacity when she reported Tippecanoe County courthouse law enforcement that Freeman possessed a firearm inside the courthouse in violation of state law and local ordinances and is, thus, immune from Freeman’s allegation that she defamed him in making the report.
Indiana Court of Appeals
Mark E. Thevenot v. State of Indiana
18A-CR-546
Criminal. Affirms Mark Thevenot’s convictions for Level 5 felony domestic battery and Level 6 felony criminal confinement. Finds the Jefferson Circuit Court did not abuse its discretion in admitting evidence or by permitting the prosecutor to quote caselaw during closing argument.
Indiana Court of Appeals
Brandon McGaughey v. State of Indiana (mem. dec.)
18A-CR-1872
Criminal. Affirms Brandon McGaughey’s conviction for Level 5 burglary. Finds he is not entitled to discharge and that there is sufficient evidence to support the conviction. Also finds the Jefferson Superior Court did not err in giving an instruction on accomplice liability.
Indiana Court of Appeals
Dunham's Athleisure Corp. v. Keith Shepherd
18A-PL-2892
Civil plenary. Reverses the Wabash Superior Court’s denial of Dunham’s Athleisure Corp.’s motion for summary judgment on Keith Shepherd’s complaint alleging Dunham’s negligence in the sale of a firearm to a third party. Finds the trial court erred in its denial of Dunham’s summary judgment motion and that the store is immune from liability regarding Shepherd’s injuries that resulted after his girlfriend shot him with a gun she purchased at Dunham’s.
Indiana Court of Appeals
Brian Ramsey v. State of Indiana
18A-CR-1276
Criminal. Affirms Brian Ramsey’s convictions for Level 5 felony criminal confinement and Level 6 felony intimidation. Finds the Floyd Superior Court properly admitted Rhonda Crone’s statements pursuant to the medical records and excited utterance exceptions to the rule against hearsay. Also finds the evidence is sufficient to support Ramsey’s intimidation conviction.
Indiana Court of Appeals
Kenneth N. McFall v. State of Indiana (mem. dec.)
18A-CR-2322
Criminal. Affirms Kenneth McFall’s conviction of Level 3 felony dealing in methamphetamine, Class B misdemeanor possession of marijuana and Class C misdemeanor possession of paraphernalia following a traffic stop. Finds McFall waived any challenge to the admission of evidence officers obtained during the search of his residence despite his continuing objection. Finds the Perry Circuit Court did not abuse its discretion when it did not allow the driver of the vehicle to testify in front of the jury or when it declined to give McFall’s proffered jury instruction.
Alfonso Artigas v. State of Indiana
18A-CR-2877
Criminal. Reverses Alfonso Artigas’ conviction for Class C misdemeanor operating a vehicle with an alcohol concentration equivalent to at least .08 but less than .15 g/100mL of blood. Finds the stipulated blood test presented a blood alcohol concentration only in a range from .07 to .084 g/100mL. Also finds there is insufficient evidence to support the conviction.