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Opinions Dec. 15, 2014 ILD

Indiana Court of Appeals
Ryan Lady v. State of Indiana (NFP)
53A01-1312-CR-527
Criminal. Affirms conviction and three-year sentence for Class D felony theft.

Warren Lee v. Becky Lee (NFP)
32A04-1404-DR-173
Domestic relation. Affirms denial of Warren Lee’s petition to modify parenting time, petition to modify child support, petition for contempt, and order to pay Becky Lee’s attorney fees.

Yansie G. Norment v. State of Indiana (NFP)
20A03-1404-CR-142
Criminal. Affirms denial of petition for jail time credit.
 

Opinions Dec. 15, 2014

Indiana Court of Appeals
Goodrich Quality Theaters, Inc. and Roncelli, Inc. v. Fostcorp Heating and Cooling, Inc., Wilson Iron Works, Inc., et. al.
64A03-1308-PL-318
Civil plenary. Reaffirms previous ruling by the Indiana Court of Appeals that the trial court erred in awarding attorney fees to Fostcorp Heating and Cooling, Wilson Iron Works and Johnson Carpet. Since the general contractor, Roncelli Inc., was not the property owner, it is not liable for payment of attorney fees. Judge Patricia Riley voted to deny rehearing.

SCOTUS affirms search based on misunderstanding of law

Police can use evidence seized during a traffic stop even if it turns out the officers initially pulled a car over based on a misunderstanding of the law, the Supreme Court of the United States ruled Monday.

COA upholds reversal of award for attorney fees

Subcontractors successful in their dispute against the general contractor over the construction of a northern Indiana IMAX movie theater are not entitled to attorney fees, the Indiana Court of Appeals has reaffirmed.

JQC asks justices to suspend Muncie City Court judge

A Muncie City Court judge hit with a disciplinary proceeding last week should be suspended from the bench, the Judicial Qualifications Commission argued in a petition submitted to the Indiana Supreme Court Monday.

On 3-2 vote, justices deny transfer in Camp Tecumseh case

Litigation over a proposed large-scale hog farm opposed by a neighboring YMCA camp in northern Indiana won’t be reviewed by the Indiana Supreme Court. Justices decided last week in a 3-2 decision to deny transfer on the issue of where the case should be heard.

Opinions Dec. 12, 2014

Indiana Court of Appeals
Central Mutual Insurance Company v. Motorists Mutual Insurance Company
49A04-1405-CT-214
Civil tort. Affirms on interlocutory appeal the trial court order denying Central’s motion for partial summary judgment and granting Motorists’ motion for partial summary judgment. The trial court did not err in finding that Central provided primary coverage to a truck driver injured in a crash and that the Motorists policy provided excess coverage only when the limits of the Central policy had been reached.

Dissenting judge: Man justified in beating would-be thief

A man who caught a trespasser trying to steal a license plate shouldn’t have been convicted of battery for whacking the intruder with a broom handle and then landing a few haymakers, a dissenting judge held Friday.

Frost Brown Todd names Heather Wilson member-in-charge

Heather L. Wilson has been named member-in-charge of the Indianapolis office of Frost Brown Todd LLC effective Jan. 1, 2015, the firm announced. Wilson will succeed Nelson D. Alexander, who has led the office since 2004.

Opinions Dec. 11, 2014 ILD

Indiana Court of Appeals
Larry Woods v. State of Indiana (NFP)
49A02-1405-CR-327
Criminal. Affirms conviction of Class A felony child molesting.

Keaton J. Miller v. Ryan Blackburn (NFP)
33A01-1407-SC-290
Small claim. Reverses trial court and finds that Miller is entitled to 12 months of back rental payments and late fees from Blackburn.

Timothy Wellbaugh v. State of Indiana (NFP)
49A02-1404-CR-271
Criminal. Remands for the trial court to assess Wellbaugh’s ability, if any, to pay the public defender fee.

In the Matter of the Termination of the Parent-Child Relationship of: B.B. and M.B. v. The Ind. Dept. of Child Services (NFP)
49A04-1404-JT-149
Juvenile. Affirms involuntary termination of parental rights.

Antwoine Young v. State of Indiana (NFP)
49A04-1405-PC-217
Post conviction. Affirms denial of petition for post-conviction relief.

Anthony Walls v. State of Indiana (NFP)
49A02-1405-CR-345
Criminal. Affirms conviction of Class D felony criminal recklessness.

Jeffrey S. Taylor v. State of Indiana (NFP)
18A02-1404-CR-266
Criminal.  Affirms order that Taylor serve his previously suspended four-year sentence in the Department of Correction following his probation revocation.

Angela L. Blair v. State of Indiana (NFP)
03A01-1403-CR-132
Criminal. Affirms convictions of two counts of Class A misdemeanor possession of paraphernalia and one count of Class A misdemeanor conversion.

Benjamin T. Haines v. State of Indiana (NFP)
01A02-1407-CR-454
Criminal. Affirms revocation of probation and order Haines serve his previously suspended sentence.

Maron Jackson v. State of Indiana (NFP)
49A02-1405-CR-296
Criminal. Affirms conviction and sentence for murder.

D.B. v. State of Indiana (NFP)
49A02-1406-JV-376
Juvenile.  Affirms order committing D.B. to the Department of Correction for a delinquent act that would be Class B felony burglary and Class D felony theft if committed by an adult, and the restitution order.

Jason D. Brown v. State of Indiana (NFP)
82A05-1403-CR-109
Criminal. Affirms conviction of Class A misdemeanor pointing an unloaded firearm at another person.

Opinions Dec. 11, 2014

7th Circuit Court of Appeals
Kevin L. Harold v. Christopher C. Steel and Peters & Steel LLC
14-1875
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms dismissal of Harold’s lawsuit under the Fair Debt Collection Practices Act, contending Steel and his law firm had violated 15 U.S.C. Section 1692e by making false statements. Harold sought to challenge a garnishment order entered in state court. The Rooker-Feldmen doctrine bars his lawsuit.

Rooker-Feldman doctrine bars man’s lawsuit alleging false statements

A man challenging a garnishment order entered in state court should have challenged the order in that court system instead of filing a federal lawsuit, the 7th Circuit Court of Appeals ruled Thursday. The judges affirmed the dismissal of his suit based on the Rooker-Feldman doctrine.