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Opinions Nov. 10, 2014 ILD

Indiana Court of Appeals
Kwang Moo Yi v. Deer Creek Homeowners Association, Inc, (NFP)
49A05-1405-MI-233
Miscellaneous. Affirms grant of preliminary injunction ordering Yi to disassemble and remove a rain barrel and plumbing system from his property. Remands for consideration of issuance of a permanent injunction as well as an award of attorney fees.

Steve Mitchell v. Dan R. Walker (NFP)
27A05-1405-CC-202
Civil collection. Affirms judgment in favor of Walker on Mitchell’s complaint alleging Walker repossessed a property in violation of the parties’ June 2010 agreement.

Frontline National, LLC v. Kathy Steinhauer (NFP)
93A02-1405-EX-308
Agency action. Affirms denial of Frontline National’s application for review of the order that it pay workers’ compensation benefits to Kathy Steinhauer.

Matthew A. Mahoney v. State of Indiana (NFP)
84A01-1405-CR-191
Criminal. Affirms sentence for three counts of Class B felony sexual misconduct with a minor; Class C felony sexual misconduct with a minor; and one count each of Class D felonies vicarious sexual gratification, child solicitation and dissemination of matter harmful to minors.

In the Matter of the Termination of the Parent-Child Relationship of G.L.: G.W.L., III (Father) v. Ind. Dept. of Child Services (NFP)
71A03-1404-JT-141
Juvenile. Remands for the probate court to enter factual findings that conform to the requirements of the Indiana Trial Rules and Court of Appeals precedent.

Daniel E. Hoagland and Karen S. Hoagland v. Michael C. Mosier and Jeffery A. Mosier, Co-Executors of the Estate of Dorothy H. Mosier, et al. (NFP)
76A03-1403-MI-87
Miscellaneous. Affirms trial court order that counsel file a motion to substitute Michael and Jeffrey Mosier as co-executors of Dorothy Mosier’s estate, the garnishment orders against the Hoaglands, and the order of service of the garnishment order on Hoagland Electric Inc.

Michael Janitz v. State of Indiana (NFP)
49A02-1403-CR-197
Criminal. Affirms Class A misdemeanor battery conviction.

Darnell Johnson v. State of Indiana (NFP)
48A04-1402-CR-82
Criminal. Affirms revocation of probation and execution of previously suspended sentence.

 

Indiana high court suggests mediation in IBM case

The Indiana Supreme Court is asking attorneys for the state and IBM Corp. to consider mediation to settle their dispute over IBM's failed attempt to privatize Indiana's welfare services.

COA: Standard of care same for all doctors

The Indiana Court of Appeals ruled in a medical malpractice claim brought by a former inmate who had gender reassignment surgery that the standard of care for doctors practicing inside prisons is the same as the standard of care for those practicing outside of prison.

Same-sex couple gets divorce in Indiana

Indiana residents Linda Bruner and Lori Roberts made history Nov. 10 by becoming the first same-sex couple in the state to legally divorce.

Judge rejects public funds for murder appeal

A Delaware County judge has again rejected a Muncie woman's request to have taxpayers help fund her appeal of her conviction in the torture slaying of her 5-year-old Haitian cousin.

Man charged with killing aunt due in court

Attorneys for a central Indiana man accused of murder in his aunt's death contend he has been incarcerated too long without being brought to trial.

Doctrine of continuing wrong not applicable to man’s malpractice claim

The Indiana Court of Appeals reversed the denial of summary judgment in favor of a physician and a medical group on a patient’s claim of malpractice after the patient learned his allergic reactions were caused by the disinfectant used by the doctor. The judges held the doctrine of continuing wrong does not apply in this case.

AG asks court to appoint attorney as receiver of INCASA

Indiana Attorney General Greg Zoeller has asked a Marion County Court to appoint an attorney as receiver of an Indianapolis-based nonprofit that suspended operations in June due to financial insolvency.

Residents not entitled to refund for alleged Barrett Law violations

The city of Indianapolis does not have to pay nearly $3 million in damages to residents who paid in full their share of the costs of sewer improvements. A couple sued after discovering the city had changed its financing plan and forgave future payments by those who still owed the city.

Ex-Center Township judge agrees to ban from bench

A former Marion County Small Claims Court judge has agreed to a lifetime ban from holding judicial office after allegations that she used her position to profit from a wedding business.

Opinions Nov. 7, 2014

Indiana Supreme Court
Gregory F. Zoeller, Attorney General and Rick J. Ruble, Commissioner of the In. Dept. of Labor v. James M. Sweeney, David A. Fagan, Charles Severs et. al.
45S00-1309-PL-596
Civil plenary. Reverses finding by Lake Superior Court that I.C. 22-6-6-8 and 22-6-6-10 violate Article I, Section 21 of the Indiana Constitution. Any compulsion to provide services does not constitute a demand made by the state. Justice Rucker concurs in result with separate opinion.

Union loses challenge to state’s right-to-work law

The Indiana Supreme Court has ruled that two sections of the state’s right-to-work law do not violate the Indiana Constitution. A union had asked a Lake County judge to declare the entire statute unconstitutional.