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Opinions 7/1/15 ILD

Indiana Court of Appeals
Jeffrey Billeaud, Jr. v. State of Indiana (mem. dec.)
09A02-1409-CR-638
Criminal. Affirms convictions of Class C felony battery resulting in serious bodily injury and Class D felony resisting law enforcement.

J.B. v. State of Indiana (mem. dec.)
49A05-1410-JV-457
Juvenile. Affirms adjudication constituting Class D felony theft if committed by an adult and Class A misdemeanor dangerous possession of a firearm.

Paul Jackson v. State of Indiana (mem. dec.)
49A04-1412-CR-549
Criminal. Affirms conviction of Class B felony aggravated battery.

In re the Matter of the Involuntary Termination of Parent-Child Relationship of D.V., L.P.V., and J.M., Minor Children, T.F. (Mother) and L.V. (Father) v. Ind. Dept. Child Services et al (mem. dec.)
60A01-1411-JT-496
Juvenile. Affirms termination of parental rights.

In the Matter of the Term. of the Parent-Child Relationship of Je.Q., Ja.Q., and N.Q., Children, and T.Q.(Mother) & A.Q. (Father) v. The Ind. Dept. of Child Services (mem. dec.)
82A01-1411-JT-504
Juvenile. Affirms termination of parental rights.

Opinions 7/1/15

7th Circuit Court of Appeals
The following opinion was issued after IL deadline Tuesday.
David Lawson v. Sun Microsystems, Inc.
13-1502 and 13-1503
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard Young
Civil. Reverses jury award to Lawson for $1.5 million and remands with instructions to enter judgment for Sun Microsystems. Finds the employee compensation plan that was instituted when Sun acquired StorageTek Inc., is unambiguous and Lawson is not entitled to the jury award of $1.5 million.

COA upholds attorney’s criminal trespass conviction

An attorney’s attempt to overturn his criminal trespass conviction by arguing the state statute is unconstitutional as applied to leased property was rejected by the Indiana Court of Appeals as failing to convince even a “person of ordinary intelligence."

Kristine Bunch’s malicious prosecution suit stayed

A woman whose murder conviction was overturned after she spent 17 years in prison may proceed with a malicious prosecution lawsuit against fire officials she claims framed her, a federal judge ruled Monday.

Opinions June 30, 2015 ILD

Indiana Court of Appeals
Starla Gough v. Dale Gough (mem. dec.)
37A03-1411-DR-414
Domestic relation. Affirms dissolution court’s final decree which ended the marriage of Starla and Dale Gough.

Lamarr T. Crittenden v. State of Indiana (mem. dec.)
49A05-1405-PC-227
Post conviction. Affirms post-conviction court’s order for a new sentencing hearing. Also affirms post-conviction court’s denial of Crittenden’s request for subpoenas and motions for discovery as well as excluding the Department of Child Services’ reports from the evidence and denying relief on his remaining ineffective counsel claims.

Richard Lebron v. State of Indiana (mem. dec.)
49A04-1409-CR-451
Criminal. Affirms convictions of Class A misdemeanor domestic battery and Class A misdemeanor criminal mischief.

Cory C. Carter v. State of Indiana (mem. dec.)
45A03-1411-PC-412
Post conviction. Affirms denial of Carter’s petition for post-conviction relief.

Donald Probst v. State of Indiana (mem. dec.)
15A04-1412-CR-586
Criminal. Affirms 545-day sentence in the Indiana Department of Correction following conviction of nonsupport of a dependent child, a Class D felony.

Theodore Miller v. LVNV Funding LLC (mem. dec.)
82A04-1412-SC-598
Small claim. Affirms judgment in favor of LVNV Funding LLC for $1,509.97 plus court costs.

Duane R. Tackett v. State of Indiana (mem. dec.)
20A03-1410-CR-368
Criminal. Affirms conviction of and 16-year aggregate sentence for two counts of dealing in methamphetamine, both Class B felonies.

J.E. v. State of Indiana (mem. dec.)
02A03-1409-CR-339
Criminal. Affirms trial court’s order of involuntary commitment of J.E. to a state psychiatric hospital following a jury verdict that he was not responsible by reason of insanity on six criminal charges.

Michael A. Powers v. State of Indiana (mem. dec.)
03A01-1410-CR-450
Criminal. Affirms Powers’ conviction of and sentence for dealing in methamphetamine, as a Class B felony, and the revocation of his probation in a separate case where he pleaded guilty to distribution of methamphetamine, as a Class B felony. Trial court revoked Powers’ probation and reinstated the suspended 12-year sentence for distribution to be served consecutively with his 16-year sentence for distributing.

Estel Lynn v. State of Indiana (mem. dec.)
49A05-1410-CR-467
Criminal. Affirms convictions for resisting law enforcement, a Class A misdemeanor and battery, a Class A misdemeanor.  

T.D.G. v. State of Indiana (mem. dec.)
71A04-1411-JV-528
Juvenile. Affirms T.D.G.’s adjudication as a juvenile delinquent for robbery.  

Demetrius Howell v. State of Indiana (mem. dec.)
46A05-1409-CR-446
Criminal. Affirms conviction of and eight-year sentence for convicted felon in possession of a handgun, a Class C felony. Remands with instructions to vacate his conviction for carrying a handgun without a license since the judgment order indicates Howell was convicted of two offenses based on the same evidence.

Ivan Green v. State of Indiana (mem. dec.)
49A02-1412-CR-870
Criminal. Affirms conviction of battery resulting in bodily injury, a Class A misdemeanor.

Charles Sweeney v. State of Indiana (mem. dec.)
10A01-1411-CR-488
Criminal. Affirms trial court’s denial of Sweeney’s petition for jail time credit.

Brian E. Connell v. State of Indiana (mem. dec.)
27A02-1412-PC-863
Post conviction. Affirms denial of Connell’s petition for post-conviction relief.

Jesse E. Kaufman v. State of Indiana (mem. dec.)
20A04-1406-PC-301
Post conviction. Affirms denial of Kaufman’s petition for post-conviction relief.

Tierra Greene v. State of Indiana (mem. dec.)
49A05-1411-CR-542
Criminal. Affirms conviction of operating a vehicle while intoxicated, a Class A misdemeanor.

Marvin T Boothe, Jr. v. State of Indiana (mem. dec.)
20A04-1412-CR-584
Criminal. Affirms trial court’s order vacating Boothe’s placement in community corrections and placing him in the Indiana Department of Correction to serve the balance of his sentence.

Allen Moore, Jr. v. State of Indiana (mem. dec.)
32A04-1412-CR-577
Criminal. Affirms Moore’s conviction of indecent exposure, a Class C misdemeanor.

In the Matter of the Paternity of H.J., Melissa R. Jallow v. William R. Fat-Anthony (mem. dec.)
49A02-1412-JP-825
Juvenile paternity. Affirms order modifying Fat-Anthony’s child support obligation to $66 per week.

Ronald Longer v. State of Indiana (mem. dec.)
79A04-1410-CR-464
Criminal. Affirms Longer’s aggregate sentence for 31 years following his convictions of three counts of robbery while armed with a deadly weapon, Class B felonies; and one count of carrying a handgun without a license with a prior felony conviction, a Class C felony.

Glenda Helton v. State of Indiana (mem. dec.)
36A01-1410-CR-438
Criminal. Affirms denial of Helton’s motion to withdraw her guilty plea to one count of dealing in a controlled substance, as a Class B felony, and neglect of a dependent, as a Class D felony.

Reginald Gant v. State of Indiana (mem. dec.)
02A03-1412-CR-445
Criminal. Affirms conviction of domestic battery, a Class D felony.

Devynn Dixon-McNairy v. State of Indiana (mem. dec.)
49A02-1501-CR-21
Criminal. Affirms convictions of Class D felony theft and Class D felony auto theft.

Brittany N. Veal v. Indiana Department of Workforce Development (mem. dec.)
93A02-1411-EX-778
Agency action. Dismisses Veal’s appeal of the decision to suspend her unemployment benefits and ordering her to pay benefits and assessing civil penalties. Finds Veal’s failure to comply with various appellate rules makes it virtually impossible to discern the merits of her appeal, let alone address them.

Tony Dean v. State of Indiana (mem. dec.)
71A03-1412-CR-447
Criminal. Affirms conviction of possession of cocaine, a Class D felony.

Leon Payne v. State of Indiana (mem. dec.)
49A04-1410-CR-487
Criminal. Affirms conviction of carrying a handgun without a license, a Class A misdemeanor.

Kevin M. Plummer v. State of Indiana (mem. dec.)
01A02-1411-CR-824
Criminal. Affirms eight-year sentence following guilty plea to Class C felony child molesting. Reverses restitution order in the amount of $3,068.68 and remands to the trial court with instructions to conduct a new restitution hearing.

Michael L. Bowling v. State of Indiana (mem. dec.)
20A03-1501-PC-13
Post conviction. Affirms denial of Bowling’s petition for post-conviction relief.
 

Opinions June 30, 2015

7th Circuit Court of Appeals
Richard Bell v. Cameron Taylor
14-3099
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Dismisses interlocutory appeal for lack of jurisdiction and remands to the District Court for resolution of outstanding issues. The 7th Circuit had no jurisdiction because Bell’s suit was still alive even though partial summary judgment had been granted.

Use tax on out-of-state vehicle purchases upheld

A tree service properly paid Indiana use tax on its commercial vehicle purchases made outside the state, and imposition of those taxes did not violate the Commerce Clause, the Indiana Tax Court ruled Tuesday.

Former Ovation CFO arrested on multiple theft charges

The former chief financial officer for Ovation Audio-Video Solutions LLC has been arrested and charged with more than 20 counts of theft for allegedly misappropriating about $600,000 in company funds for his own use, Marion County Prosecutor Terry Curry announced Monday.

Indy skyline photo copyright appeal not fully developed

A lawyer and photographer’s appeal in a copyright lawsuit over unlicensed use of his photo of the Indianapolis skyline was improper, the 7th Circuit Court of Appeals ruled Monday, dismissing the appeal.

Court ruling spurs backers’ hopes for redistricting changes

Groups trying to curb the partisan sculpting of U.S. House of Representative districts are hoping their Supreme Court of the United States victory will prompt more states to create independent commissions to redraw congressional lines.

Community Health to pay $20M to settle false claims charges

Community Health Network has agreed to pay $20.3 million to settle claims from state and federal authorities that it overbilled for outpatient surgeries, according to an announcement Tuesday from the U.S. Department of Justice.