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Opinions Jan. 5, 2015

7th Circuit Court of Appeals
State Farm Life Insurance Co. v. Troy Jonas et al.
14-1464
Civil tort. Vacates judgment of District Court and remands with instructions to dismiss for lack of subject-matter jurisdiction. Finds no justiciable controversy existed when Jonas filed his lawsuit against State Farm. Concluded that the disputes about the rate of interest and whether the insurance company must pay the attorney fees that Jonas has incurred in this litigation do not retroactively create jurisdiction.

Bill would let Hoosiers refuse gay-wedding services

Legislation that supporters contend is needed to protect Indiana residents with strong religious beliefs by allowing them to refuse services for same-sex weddings is drawing fire from gay rights groups and others who say it would legalize discrimination.

Competency could be key for death penalty in Indiana case

Indiana law experts say the mental health of a northwestern Indiana man charged with strangling two women and suspected of killing five others could complicate the case but shouldn't prevent the state from seeking the death penalty.

Government: Tweak Conour release conditions

Special conditions imposed on convicted fraudster and former attorney William Conour after he serves a 10-year federal sentence should be modified, but the conditions largely should stay in place, according to the government’s brief in his appeal.

Opinions Dec. 31, 2014 ILD

Indiana Court Appeals
Marlan Long v. State of Indiana (NFP)
49A02-1403-CR-200
Criminal. Affirms conviction and sentence for Class A felony conspiracy to deal cocaine.

Bryan P. Meek v. State of Indiana (NFP)
40A01-1405-CR-213
Criminal. Affirms order revoking probation for failure to pay child support according to the terms of Meek’s probation.

Alexander Adrian Rankin v. State of Indiana (NFP)
54A01-1406-CR-267
Criminal. Affirms order Rankin serve a suspended sentence for a probation violation after committing Class B felony burglary and the imposition of a 14-year sentence for that conviction.

In the Matter of the Termination of the Parent-Child Relationship of: P.L. and D.L. (Minor Children) and C.L. (Mother) and H.L. (Father) v. Indiana Department of Child Services (NFP)
32A05-1405-JT-213
Juvenile. Affirms involuntary termination of parental rights.

Dolen Glenn v. Dick Brown and Indiana Department of Correction (NFP)
77A04-1404-CC-194
Civil collections. Reverses denial of Glenn’s motion to correct error, which challenged the dismissal of his complaint against the Indiana Department of Correction. Remands for further proceedings.

Michael Whicker v. State of Indiana (NFP)
32A01-1409-CR-400
Criminal. Affirms denial of Whicker’s petition to reduce his Class D felony conviction to a Class A misdemeanor.

Willie Harrison v. State of Indiana (NFP)
49A02-1406-CR-401
Criminal. Affirms conviction of Class B felony aggravated battery.

Lawrence Kelshaw v. State of Indiana (NFP)
49A02-1406-CR-387
Criminal. Affirms conviction of Class B felony burglary.  http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2014/december/12311402tac.pdf

In observance of New Year's Day, IL Daily will not publish on Jan. 1 & 2.  The staff of Indiana Lawyer wishes you a Happy New Year!

Opinions Dec. 31, 2014

Indiana Court Appeals
Alfredo D. Rodriguez, as Permanent Guardian of the Person and Estate of Miriam Rodriguez, and Alfredo D. Rodriguez, Individually v. United States Steel Corporation
45A04-1407-CT-350
Civil tort. Affirms summary judgment in favor of U.S. Steel on Alfredo Rodriguez’s negligence claim. Miriam Rodriguez was injured in an auto accident caused by an employee of U.S. Steel as he drove home from work. U.S. Steel did not owe Miriam Rodriguez a duty of reasonable care.

Indiana diocese wants ex-teacher’s jury award cut

A northern Indiana Roman Catholic diocese wants to reduce a jury's nearly $2 million award to a former teacher fired by church officials for trying to get pregnant through in vitro fertilization.

Fewer cases filed in 2013 in state courts

There were 1,152,052 new cases filed in state courts in 2013, a decrease of 7.3 percent over the previous year, according to data released Tuesday by the Indiana Supreme Court and the Division of State Court Administration. The data continues to show the trend of a drop in filings over recent years.

Opinions Dec. 30, 2014 ILD

Indiana Court of Appeals
Timothy Johnson v. State of Indiana (NFP)
33A01-1406-CR-251
Criminal. Reverses and remands to trial court to amend sentencing order. Rules that classifying Johnson as a credit-restricted felon violates constitutional prohibitions against ex post facto laws.

Sonia Long, et al. v. Heartland Residential Services, Inc., et al. (NFP)
09A05-1308-CT-434
Civil tort. Affirms dismissal of Long’s complaint with prejudice under Indiana Trial Rule 41(A)(2).

Kevin D. Morris v. State of Indiana (NFP)
02A03-1406-CR-216
Criminal. Affirms Morris’ 20-year aggregate sentence for Class C felony battery and Class D felony criminal recklessness and for being a habitual offender.

William E. Bowen v. State of Indiana (NFP)
02A05-1405-CR-246
Criminal. Affirms convictions for sexual misconduct with a minor as a Class B felony and sexual misconduct with a minor as a Class C felony.

Darren Rayford v. State of Indiana (NFP)
03A01-1405-CR-190
Criminal. Affirms denial of Rayford’s motion to correct error that challenged the revocation of his work release placement.

William Lee, Sr. v. Anonymous Psychologist I (NFP)
71A03-1404-CT-109
Civil tort. Affirms order granting the motion for summary judgment in favor of Anonymous Psychologist I.

Adolph L. Buckner v. HSBC Mortgage Services, Inc., and LSF8 Master Participation Trust (NFP)
29A04-1404-MF-182
Mortgage foreclosure. Affirms denial of Buckner’s motion to correct errors and motion to vacate summary judgment.

Justin Knight v. State of Indiana (NFP)
82A05-1406-CR-286
Criminal. Affirms conviction for battery, a Class A misdemeanor.

Demerius Shaw v. State of Indiana (NFP)
49A02-1403-CR-207
Criminal. Affirms conviction for murder. Also affirms 60-year sentence and order that it be served consecutively with a 50-year sentence ordered by a federal court for unrelated crimes.

Ryan Allen Klug v. State of Indiana (NFP)
03A01-1406-CR-253
Criminal. Affirms 60-year sentence for pleading guilty but mentally ill to murder, a felony.

Armana Cottrell v. State of Indiana (NFP)
82A04-1402-CR-74
Criminal. Affirms convictions for attempted battery by means of a deadly weapon, a Class C felony, and two court of intimidation, as Class C felonies.

Michelle Barnes and Raymond Surzycki v. Prairie Horse Farms, LLC (NFP)
53A01-1404-PL-178
Civil plenary. Affirms order granting a permanent injunction in favor of Prairie Horse Farms with regard to an easement on land owned by Barnes and Surzycki in favor of land owned by Prairie Horse Farms.

Timothy S. Enders v. Estate of Randall Enders (NFP)
71A04-1407-PL-332
Civil plenary. Affirms order providing that Timothy Enders and the estate of his deceased brother, Randall, are each entitled to 50 percent of the net proceeds of the liquidation of their family business.

Wiley Parsons v. State of Indiana (NFP)
49A05-1401-CR-33
Criminal. Affirms conviction for promoting prostitution, a Class C felony. Finds the trial court did not abuse its discretion in limiting Parsons’ cross-examination and that Parsons’ statements, through the detective’s recollection, were competent, admissible evidence.  

 

Opinions Dec. 30, 2014

Indiana Court of Appeals
Jeffrey Hewitt v. Westfield Washington School Corp; Board of School Trusties of Westfield Washington School Corp. et al.
29A04-1403-PL-130
Civil plenary. Reverses grant of summary judgment in favor of Westfield Washington School Corp. and related defendants, holding they had not met the onerous burden of showing there are no issues of material fact entitling them to judgment as a matter of law. Hewitt, a former school principal, was fired for a sexual relationship with a teacher he supervised. He then sued the school system for breach of contract and denial of due process. His suit is remanded for further proceedings.

COA affirms judgment for seller in voided land deal

Sellers of property that had been designated as the second phase of a Gatorade distribution facility in Hendricks County were properly awarded specific performance of a contract to sell the land after the buyer backed out, the Court of Appeals held.