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Opinions April 27, 2012

Indiana Court of Appeals
In the Matter of V.C., Child Alleged to be in Need of Services v. Indiana Dept. of Child Services
79A02-1112-JC-1172
Juvenile. Affirms determination that V.C. is a child in need of services. The juvenile court did not erroneously deny father’s request to issue a subpoena to the maternal aunt. Father also failed to demonstrate good cause for granting his request for a continuance, so the juvenile court acted within its discretion in denying his request.

Courts not responsible to find person named in subpoena

It is not up to the court to find someone named in a subpoena if the person requesting it doesn’t know where to send the subpoena, the Indiana Court of Appeals ruled. That argument was being made by an incarcerated father appealing a determination that his child is in need of services.

Former secretary of state suspended

The Indiana Supreme Court suspended former Indiana Secretary of State Charlie White Wednesday because he was convicted of several felonies following a trial on voter fraud charges.

Opinions April 26, 2012 ILD

7th Circuit Court of Appeals posted no opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Christopher King v. Karen Patrick (NFP)
49A02-1105-PL-444
Civil plenary. Reverses grant of partial summary judgment against Christopher King on Karen Patrick’s complaint against him alleging breach of contract. Remands for further proceedings.

Donald Carter v. State of Indiana (NFP)
49A02-1110-CR-933
Criminal. Affirms convictions of Class D felonies strangulation and intimidation.

Freddie Holman v. State of Indiana (NFP)
45A03-1108-CR-378
Criminal. Affirms conviction of Class C felony reckless homicide and the determination that Holman is a habitual offender.

Todd Anderson v. State of Indiana (NFP)
02A04-1110-PC-596
Post conviction. Affirms denial of petition for post-conviction relief.
 

Opinions April 26, 2012

Indiana Court of Appeals
Christopher King v. Karen Patrick (NFP)
49A02-1105-PL-444
Civil plenary. Reverses grant of partial summary judgment against Christopher King on Karen Patrick’s complaint against him alleging breach of contract. Remands for further proceedings.

Bar associations celebrate ‘Law Day’

Bar associations in Evansville and Indianapolis will celebrate “Law Day” with local events involving high schools. The theme of this year’s day is “No Courts, No Justice, No Freedom.”

Dickson encourages attorneys to consider being an appellate judge

If you’re an attorney in Indiana, chances are you received an email from acting Chief Justice Brent Dickson Wednesday. Dickson sent the email to the legal community encouraging lawyers to apply for the upcoming vacancy on the Supreme Court.

Teens sue school after expulsion for online death threats

The three teenage girls who were expelled from school because of their after-school online activity filed a lawsuit Wednesday in federal court against the northern Indiana school district. The teens claim the death threats they made on Facebook were made jokingly and their First Amendment rights are being violated.

Opinions April 25, 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
D.M. v. State of Indiana (NFP)
49A02-1109-JV-885
Juvenile. Affirms adjudication as a delinquent child for carrying a handgun without a license, a Class A misdemeanor if committed by an adult.

Clarence Moore v. State of Indiana (NFP)
49A05-1109-CR-496
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Abraham Patterson v. State of Indiana (NFP)
34A02-1110-CR-1005
Criminal. Affirms conviction of Class D felony theft.

Marsha Spurr v. Robert Spurr (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/april/04251201lmb.pdf
29A04-1108-DR-416
Domestic relation. Reverses denial of Marsha Spurr’s motion to correct error, which challenged the dissolution court’s order determining that daughter, S.S., was emancipated for purposes of determining child support owed by Robert Spurr. Chief Judge Robb dissents. Remands for further proceedings.
 

Opinions April 25, 2012

Indiana Court of Appeals
John Ludack v. State of Indiana
49A02-1109-CR-930
Criminal. Affirms convictions of and aggregate 130-year sentence for two counts of Class A felony child molesting and being a habitual offender. Defense counsel, by first asking the detective whether Ludack had admitted the allegations of child molestation during the interview, opened the door to the detective’s testimony that Ludack neither admitted nor denied the allegations of child molesting and just asked to stop speaking. Ludack also failed to prove his sentence is inappropriate.

5th Amendment right against self-incrimination not violated

The Indiana Court of Appeals ruled that because a defendant’s attorney asked a detective whether the defendant admitted to molesting his girlfriend’s daughter, the defense opened the door to the prosecution to ask about the scope of the interview. The defendant claimed his Fifth Amendment rights were violated when the detective said the defendant asked to “stop speaking” during the interview.

COA rules on Kroger fuel sign dispute

The Indiana Court of Appeals reversed summary judgment for a developer on its claims of criminal mischief, criminal trespass and criminal conversion against grocer Kroger after the store modified a shopping plaza’s sign once it added a fueling station. There isn’t evidence that Kroger had criminal intent when it modified the sign pylon.

Former Evansville legal aid director honored at Law Day dinner

Sue Ann Hartig, who retired this year after serving as executive director of the Legal Aid Society of Evansville for more than 25 years, received the James Bethel Gresham Freedom Award April 20 from the Evansville Bar Association.

Opinions April 24, 2012 ILD

Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline.

7th Circuit Court of Appeals had posted no Indiana opinions by IL deadline.

Indiana Court of Appeals
Michael L. Crowe v. State of Indiana (NFP)
89A01-1108-CR-420
Criminal. Affirms sentences for two counts of Class C felony forgery, one count of Class D felony receiving stolen property and Class D felony theft.

Harold W. Reynolds v. State of Indiana (NFP)
48A04-1109-CR-468
Criminal. Affirms trial court’s order that Harold Reynolds serve the remaining 12 months of his previously suspended sentence for violation of his work release requirements.

Releford Green, Jr. v. State of Indiana (NFP)
84A01-1107-CR-320
Criminal. Affirms conviction of Class D felony domestic battery; reverses conviction of Class A misdemeanor battery on double jeopardy grounds and remands with instruction that the trial court vacate the conviction and sentence on that count.

Term. of Parent-Child Rel. of M.B., D.B., and D.S.; M.B. (Mother) v. Indiana Dept. of Child Services (NFP)
30A04-1110-JT-554
Juvenile. Affirms termination of mother’s parental rights.

In Re The Marriage of: Leanne Kathleen Johnson v. Florenzo Johnson (NFP)
49A02-1109-DR-852
Domestic relation. Affirms trial court’s grant of father’s petition to modify joint legal custody, awarding full custody of two children to father.

Indiana Supreme Court accepted no cases on transfer for the week ending April 20.
 

Opinions April 24, 2012

Indiana Court of Appeals
George Clements v. Kimberly Hall and Stanley Harmon
06A04-1106-MI-282
Miscellaneous. Reverses trial court’s award of summary judgment for Kimberly Hall and Stanley Harmon, holding their attorney failed to notify George Clements and his attorney that a motion had been filed. Remands for further proceedings consistent with its opinion.

Appellate court reverses ALJ in unemployment claim

The Indiana Court of Appeals held that a company was not obligated to continue employing a driver who lost consciousness behind the wheel, but because he holds no fault for that incident, he is eligible for unemployment benefits.

Insurer failed to prove driver violated policy clause

Because a drug test failed to show conclusively when a driver last used marijuana before a fatal crash, an insurer cannot deny payment based on an exclusionary clause in the policy, the Court of Appeals determined.

COA reverses trial court in estate case

The Indiana Court of Appeals held that the trial court improperly granted summary judgment to parties whose attorney did not notify opposing counsel that a motion had been filed.