Indiana Court Decisions – April 4-18, 2012
Read opinions from the 7th Circuit Court of Appeals and Indiana Supreme Court, Court of Appeals, and Tax Court.
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Law grads look forward to ‘next step’ in life
The class of 2012 faces this transitional time with optimism.
IMS attorney excels in fast-paced work environment
Susan Rivas enjoys the sound of cars zipping around the track at the Indianapolis Motor Speedway. Her office window overlooks the back of the grandstand, about 100 feet away, where workers are busy readying the stands for thousands of visitors.
Importance of contracts in construction
A construction management company was found not liable by the Indiana Supreme Court for a subcontractor’s injury.
2 cases prompt new real estate law
Indiana court opinions influence new foreclosure statute and amendment.
Federal courthouse on list for closure consideration
The Terre Haute courthouse survived a shutdown list in 2006 by building a new facility.
Changing world inspires law school program
The recently announced dual degree J.D./LL.B. program by the Indiana University Maurer School of Law and Jindal Global Law School in India is still in the planning stages, but to many legal professors and professionals, the program promises to be a boon for students interested in practicing international law.
Opinions April 23, 2012 ILD
7th Circuit Court of Appeals had posted no opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Term. of Parent-Child Rel. of K.L.; P.L. (Father) v. Indiana Dept. of Child Services (NFP)
79A04-1110-JT-625
Juvenile. Affirms termination of parental rights.
Michael Rimschneider v. State of Indiana (NFP)
79A05-1105-CR-414
Criminal. Affirms denial of request to withdraw guilty plea.
Rodney D. Bledsoe v. State of Indiana (NFP)
48A02-1105-CR-442
Criminal. Affirms sentence for Class C misdemeanor operating a vehicle while intoxicated, Class C infraction driving left of center, Class D felony possession of cocaine, and Class A misdemeanor possession of marijuana.
John A. Hawkins v. State of Indiana (NFP)
49A04-1108-PC-424
Post conviction. Affirms denial of petition for post-conviction relief.
In Re: The Marriage of Brenda S. Sanders and Paul R. Sanders, Paul R. Sanders v. Brenda S. Sanders (NFP)
76A03-1107-DR-398
Domestic relation. Affirms division of marital property and denies Brenda Sanders’ request for appellate attorney fees.
Jamal Rasheed Southern v. State of Indiana (NFP)
45A03-1107-CR-298
Criminal. Affirms denial of request for credit time.
In Re: The Marriage of Noelle Christine Green and Prentiss Lamont Green; Noelle Christine Green v. Prentiss Lamont Green (NFP)
49A02-1110-DR-932
Domestic relation. Dismisses appeal of magistrate’s entry regarding child support modification.
LBJA Investments, LLC v. Brian Kamuf and William K. Saalwaechter (NFP)
74A05-1105-PL-307
Civil plenary. Affirms court’s striking of portions of LBJA Investments’ motion for summary judgment, denial of its motion for summary judgment and grant of summary judgment in favor of Saalwaechter.
Alan Dwayne Gray v. State of Indiana (NFP)
45A04-1110-CR-517
Criminal. Affirms convictions of Class D felonies criminal recklessness and intimidation.
In the Matter of the Term. of the Parent-Child Rel. of A.K., F.C. v. Indiana Department of Child Services (NFP)
57A03-1108-JT-374
Juvenile. Affirms termination of parental rights.
Opinions April 23, 2012
Indiana Court of Appeals
Richard Leggs v. State of Indiana
49A02-1105-CR-522
Criminal. Affirms convictions of and sentences for one count of Class B felony criminal confinement and one count each of Class C felony intimidation, Class C felony criminal recklessness, and Class A misdemeanor resisting law enforcement. Reverses one count of Class B felony criminal confinement, due to the continuing crime doctrine and remands for resentencing.
Appellate panel affirms trial court in dispute over unpaid land rental
A trial court did not abuse its discretion when it denied a man damages for conversion, the Indiana Court of Appeals found.
Question about residency leads to reversal in insurance case
Because a genuine issue of material fact exists as to whether a teenager lived with his mother or father, an appellate panel has remanded the matter for trial.
COA reverses conviction based on continuing crime doctrine
The Indiana Court of Appeals has reversed one conviction against a man charged with multiple offenses for stabbing his wife.
IndyBar releases results of judicial candidate peer evaluation
The Indianapolis Bar Association’s Judicial Excellence Political Action Committee released the results of its 2012 judicial candidate evaluation. The Democratic and Republican Party ballots will feature twelve candidates vying for 10 spots on Marion Superior Court. The candidates received varied approval rates, from just 18 percent to nearly 97 percent.
Opinions April 20, 2012 ILD
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Andre M. Perry v. State of Indiana (NFP)
45A05-1108-CR-397
Criminal. Affirms convictions of murder, Class A felony attempted murder and Class D felony residential entry.
In Re the Matter of the Support of David L. Minick, II, David L. Minick v. Victoria S. Cox (NFP)
02A03-1109-DR-419
Domestic relation. Reverses trial court decision which calculated a credit against mother’s child support arrearage and ordered a credit for a retroactive child support obligation as to father. Remands with instructions.
Donald E. White v. Susan A. White (NFP)
64A04-1104-DR-230
Domestic relation. Affirms trial court decision to order an unequal division of the marital estate and that disability maintenance be paid to Susan White. Any error that the trial court may have made in including the value of the stock options in the marital estate and assigning that value to Donald White was harmless. Remands for further consideration.
Dennis Fecker, Jr. v. State of Indiana (NFP)
49A04-1109-CR-466
Criminal. Affirms conviction of Class B felony sexual misconduct with a minor.
Donald Parker v. State of Indiana (NFP)
49A02-1108-CR-788
Criminal. Affirms conviction of Class A misdemeanor intimidation.
Jakesha J. Wilms v. State of Indiana (NFP)
02A03-1102-CR-46
Criminal. Affirms guilty plea and the termination of Wilms’ participation in a drug court diversion program.
Carl Daulton v. State of Indiana (NFP)
88A01-1108-PC-372
Post conviction. Affirms denial of petition for post-conviction relief.
William D. James v. State of Indiana (NFP)
71A03-1110-CR-486
Criminal. Affirms 30-year sentence for Class A felony child molesting.
Opinions April 20, 2012
Indiana Court of Appeals
Andre M. Perry v. State of Indiana (NFP)
45A05-1108-CR-397
Criminal. Affirms convictions of murder, Class A felony attempted murder and Class D felony residential entry.
Dinner to celebrate former chief justice May 10
Distinguished members of the judicial community, including former Massachusetts Chief Justice Margaret H. Marshall, will be on hand May 10 at a celebration dinner honoring former Indiana Chief Justice Randall T. Shepard.
Proposed law school building at Indiana Tech approved
The Fort Wayne Board of Zoning Appeals has unanimously approved Indiana Tech’s plans to build a new law school on its campus in the northeastern Indiana city.
COA to hear ‘right to farm’ argument
The Indiana Court of Appeals will hear a case Monday involving a dispute between neighboring pork farms.
Judge rejects Durham motion to throw out indictment
A federal judge on Thursday rejected Indianapolis financier Tim Durham’s months-long quest to have his indictment dismissed on the grounds that the government used wiretaps before it had court authorization to do so.