Commission names 5 COA semifinalists
After a day of interviews, the Indiana Judicial Nominating Commission has picked the five people who remain in the running to become a Court of Appeals judge.
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Opinions May 16, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline.
Indiana Court of Appeals
Robert A. Turner v. State of Indiana (NFP)
62A01-1111-CR-514
Criminal. Affirms imposition of public defender fee.
In Re: Vinod C. Gupta Tax Deed; Rahman Irrevocable Trust v. Vinod C. Gupta and Bank D, LLC a/k/a Bruce Denni, and Ripley County Treasurer (NFP)
69A05-1105-MI-294
Miscellaneous. Affirms denial of two motions by the Rahman Irrevocable Trust for relief from the judgment pertaining to the issuance of tax deeds.
In Re the Marriage of: Am.C. v. D.C. (NFP)
30A05-1109-DR-456
Domestic relation. Affirms order related to the custody and support of the parties’ children. Remands with instructions to revise the order to correctly reflect the name of the school the children attend.
Lowell Jones v. State of Indiana (NFP)
02A03-1109-CR-481
Criminal. Affirms convictions of Class B felony dealing in cocaine and Class D felony resisting law enforcement.
Michael Wayne Glock, David Nixon Glock, and Daniel Colin Glock v. Sheila C. Hale (NFP)
89A01-1109-PL-441
Civil plenary. Affirms summary judgment in favor of Hale finding she was entitled to the proceeds from an annuity.
Sterling Mitchell v. State of Indiana (NFP)
02A04-1108-CR-425
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.
Claudio Igor Gonzalez v. State of Indiana (NFP)
45A04-1110-CR-549
Criminal. Affirms sentence following guilty plea to Class B felony aggravated battery.
Lisa Martin v. American Senior Communities, LLC (NFP)
49A02-1112-PL-1117
Civil plenary. Reverses grant of summary judgment for American Senior Communities in an action seeking reimbursement for paid vacation time and remands for further proceedings.
Timothy Ware v. State of Indiana (NFP)
49A04-1109-CR-495
Criminal. Affirms convictions of murder and carrying a handgun without a license as a Class A misdemeanor.
Johnnie Gipson v. State of Indiana (NFP)
71A03-1109-CR-435
Criminal. Affirms convictions of two counts of Class B felony sexual misconduct with a minor and Class C felony child exploitation.
In the Matter of the Term. of the Parent-Child Rel. of N.Q., Je.Q., Ja.Q., and L.Q.; and T.Q. and A.Q. v. Indiana Dept. of Child Services (NFP)
82A05-1109-JT-511
Juvenile. Reverses termination of parental rights and remands for further proceedings.
Timothy T. Brooks v. State of Indiana (NFP)
29A02-1109-CR-858
Criminal. Affirms conviction of Class D felony performing sexual misconduct in the presence of a minor.
Donald B. Hall v. Beverly J. Hall (NFP)
02A03-1109-DR-479
Domestic relation. Reverses denial of motion for relief from judgment pursuant to Ind. Trial Rule 60(B).
Opinions May 16, 2012
Indiana Court of Appeals
Robert A. Turner v. State of Indiana (NFP)
62A01-1111-CR-514
Criminal. Affirms imposition of public defender fee.
SJCBA collects business clothes for Goodwill
After a month of collecting used business wear, the New Lawyer Committee of the St. Joseph County Bar Association has more than 1,000 suits, shirts, shoes and other items to donate to Goodwill.
Panel to choose appeals court semifinalists
Fourteen candidates for an Indiana Court of Appeals vacancy are being interviewed Wednesday, seven of whom are expected to make the initial cut this afternoon.
Dickson named chief justice as court faces ‘upheaval’
Brent E. Dickson was selected Indiana chief justice Tuesday after his Supreme Court colleagues unanimously said he embodied the leadership qualities needed during a period of transition.
May 15, 2012 Opinions ILD
The 7th Circuit Court of Appeals posted no Indiana opinions prior to IL deadlines.
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions prior to IL deadline.
Bankruptcy court issues order on maximum fee for Chapter 13 cases
The United States Bankruptcy Court, Southern District of Indiana Chief Bankruptcy Judge Anthony J. Metz III signed an order Tuesday changing the maximum fee allowable under Local Rule B-2016-1(b).
Attorney general sues home loan modification companies
Indiana Attorney General Greg Zoeller has filed five lawsuits against companies around the country he claims have scammed Hoosiers trying to keep their homes. Since 2006, the AG’s office has filed 110 suits against foreclosure consultant companies.
Dickson selected as chief justice
Acting Indiana Chief Justice Brent Dickson has been selected by the Indiana Judicial Nominating Commission to be chief justice.
Opinions May 14, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Rel. of F.R. and Z.R.; and P.R. v. The Indiana Dept. of Child Services and Child Advocates, Inc. (NFP)
49A02-1110-JT-1007
Juvenile. Affirms involuntary termination of parental rights.
In Re the Marriage of R.B. and K.S. (NFP)
32A01-1109-DR-394
Domestic relation. Affirms in part and reverses in part the order denying mother R.B.’s petition for child support arrearage and for educational custody of child. Remands for further proceedings.
Vinod C. Gupta v. City of Terre Haute, Department of Redevelopment (NFP)
84A04-1110-MI-520
Miscellaneous. Reverses judgment in favor of the city of Terre Haute Department of Redevelopment regarding a record of nonpayment against Gupta.
A.F. v. J.F. (NFP)
29A02-1101-DR-59
Domestic relation. Affirms denial of motion to correct error, which challenged a child support order and property division in a marriage dissolution.
Opinions May 14, 2012
Indiana Court of Appeals
Dana L. Lewis, Jr. v. State of Indiana
40A01-1106-CR-276
Criminal. Reverses denial of Lewis’ motion to suppress statements he made during a police interview regarding an alleged sex crime. Lewis’ question, “Can I get a lawyer?” constituted an unequivocal invocation of his Fifth Amendment right to counsel.
Justices accept case that divided COA on state’s abilty to appeal
The Indiana Supreme Court has taken a case in which the state appealed the grant of a motion to correct error. A split Indiana Court of Appeals concluded that the state could only appeal a denial of a motion to correct error.
Court rules man invoked right to counsel
The Indiana Court of Appeals found a man’s question, “Can I get a lawyer?” during police questioning unambiguously and unequivocally invoked his Fifth Amendment right to counsel, so the trial court erred in denying the man’s motion to suppress statements he made to police.
Indiana joins price-fixing suit against Apple
Indiana has joined a multistate lawsuit against Apple Inc. and two publishing companies for price-fixing the cost of electronic books.
Supreme Court declines attempted feticide case
The Indiana Supreme Court decided Friday that it would not take the case of a Marion County woman appealing her charges of murder and attempted feticide after ingesting rat poison in an attempt to kill herself and her unborn child.
Court reform grant applications now available
The Indiana Supreme Court Division of State Court Administration is encouraging judges to apply for the 2012 Court Reform grants. The money can be used to improve local court systems.
Opinions May 11, 2012 ILD
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Cortez Martin v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/may/05111201ebb.pdf
49A02-1110-CR-896
Criminal. Affirms conviction of battery on a law enforcement officer as a Class A misdemeanor.
Opinions May 11, 2012
7th Circuit Court of Appeals
BMD Contractors Inc. v. Fidelity and Deposit Company of Maryland
11-1345
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms summary judgment for Fidelity and Deposit Company of Maryland. The Industrial Power/BMD Contractors subcontract expressly provides that Industrial Power’s receipt of payment is a condition precedent to its obligation to pay BMD. Because Industrial Power was never obligated to pay BMD in the first place, BMD may not recover against Fidelity on the payment bond. Also holds that pay-if-paid clauses are not void under Indiana public policy.
Surety not obligated to pay bond to subcontractor
A company that was subcontracted by another subcontractor for work on a plant construction project won’t be paid from a payment bond the subcontractor obtained because of a pay-if-paid clause in subcontractors’ contract.