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Opinions March 16, 2012 ILD

Indiana Tax Court had posted no opinions by IL deadline.

Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Rel. and Adoption of J.P.; M.P. and Z.P.; D.P. and G.P. v. Indiana Dept. of Child Services and J.H. and T.H. (NFP)
71A03-1106-JT-248
Juvenile. Affirms probate court’s denial of paternal grandparents’ petition to adopt J.P. Dismisses without prejudice the court’s decision regarding the foster parents’ adoption petition, because it was neither a final judgment nor an appealable interlocutory order.

Lesnick Jones v. State of Indiana (NFP)
49A02-1105-CR-415
Criminal. Affirms convictions of Class A felony rape, six counts Class A felony deviate conduct, Class B felony burglary, Class B felony robbery, Class B felony criminal confinement and associated charges.

Rickey Robey v. State of Indiana (NFP)
49A04-1107-CR-433
Criminal. Affirms trial court’s denial of motion to correct erroneous sentence, holding that the motion was not the appropriate vehicle for Robey to use.

Dominee M. Florence v. Review Board of the Indiana Dept. of Workforce Development and Kindred Nursing Centers LTD PTR (NFP)
93A02-1109-EX-867
Civil. Dismisses appeal, due to Florence’s numerous and substantial violations of the Indiana Rules of Appellate Procedure.

Paul J. Kinnaman v. State of Indiana (NFP)
24A01-1105-CR-229
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class A misdemeanor possession of paraphernalia.

R.F. and I.A. v. Indiana Department of Child Services (NFP)
41A05-1107-JT-376
Juvenile. Affirms termination of parental rights for mother and father.

Andre Gonzalez v. State of Indiana (NFP)
45A03-1108-CR-369
Criminal. Reverses denial of Gonzalez’ petition to remove his sex offender designation, holding that at the time he was sentenced, Indiana law did not require lifetime registration. Remands for removal of his registration.

Rebecca A. Thieling v. State of Indiana (NFP)
45A03-1108-CR-344
Criminal. Affirms convictions of Class C felony forgery and Class D felony auto theft.

Terrell Ewell v. State of Indiana (NFP)
49A04-1107-CR-401
Criminal. Dismisses case for lack of subject matter jurisdiction, concluding Ewell did not timely file his notice of appeal.

Todd Richmond v. Erin Mager (Richmond) (NFP)
64A05-1108-DR-455
Domestic relation. Affirms denial of father’s petition for change of custody and grant of mother’s petition for modification of father’s parenting time.

B.O. v. State of Indiana (NFP)
89A01-1111-JV-503
Juvenile. Affirms J.O.’s placement with the Department of Correction.

Kimberly L. Zapalac v. State of Indiana (NFP)
48A02-1107-CR-762
Criminal. Dismisses appeal for lack of jurisdiction, as Zapalac committed several crimes and made two plea agreements 12 years ago, before absconding.

Jeffrey S. Pryor v. State of Indiana (NFP)
29A02-1108-CR-740
Criminal. Affirms conviction of Class C misdemeanor operating while intoxicated.

In Re: The Adoption of T.L.; M.J. v. D.F. and K.F. and Indiana Dept. of Child Services (NFP)
49A04-1108-AD-477
Adoption. Affirms trial court’s dismissal of M.J.’s petition to adopt his half-sister.

Olde York Potato Chips, Inc., ONAP, Inc., and Peter Margie v. Shenolikar Dwarka and Dwarka & Sons, Inc. (NFP)
02A05-1107-PL-375
Civil plenary. Dismisses Olde York’s appeal, holding it does not appear to be an interlocutory appeal that may be brought as of right and would be the subject of an interlocutory appeal only on certification by the trial court and acceptance by appeals court, and that there is no such certification or acceptance in the case.

Dathan Alexander v. State of Indiana (NFP)
49A02-1105-CR-465
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

 

Opinions March 16, 2012

7th Circuit Court of Appeals
Harry Foster III and Linda Foster v. State Farm Fire and Casualty Company
11-3100
United States District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springman.
Civil. Affirms District Court’s grant of summary judgment in favor of State Farm Fire and Casualty Company, holding the Fosters’ failure to produce requested documents was a material breach of their insurance agreement.

Judges rule Wisconsin court had personal jurisdiction

The Indiana Court of Appeals has determined a Johnson Superior judge should not have set aside a Wisconsin court’s default judgment involving the sale and delivery of a boat between parties in the two states.

Comment needed on proposed rule changes

The Indiana Supreme Court Committee on Rules of Practice and Procedure is seeking comment on several proposed rule amendments, including revisions to change of venue in civil and criminal cases and continuing legal education.

Justices rule Charlie White was eligible for office

Refusing to go against the will of Indiana voters, the state’s highest court has held that Charlie White was eligible to run for secretary of state and assume that office after being elected in 2010.

Opinions March 15, 2012 ILD

7th Circuit Court of Appeals and Indiana Tax Court issued no Indiana opinions by IL deadline.

Indiana Court of Appeals
T.H. b/n/f Sonja Lynetter (Walls) Fitzgerald v. Troy Hutchison (NFP)
82A01-1109-JP-438
Juvenile. Reverses trial court’s order suspending parenting time for and issuing protective order against father. Affirms court’s finding that mother was in contempt.

Susan R. May v. State of Indiana (NFP)
47A05-1103-CR-178
Criminal. Affirms sentence for murder.

Charles R. Smith v. State of Indiana (NFP)
78A04-1110-CR-585
Criminal. Affirms sentence for Class B felony dealing in a Schedule II controlled substance.

Ernest Wireman v. State of Indiana (NFP)
75A05-1008-CR-545
Criminal. Affirms convictions of and sentence for murder, Class A felony attempted murder and Class B felony arson.

Odonis D. Parker v. State of Indiana (NFP)
02A03-1108-CR-381
Criminal. Affirms sentence for Class B felony robbery.

Shawn McDonald v. State of Indiana (NFP)
35A05-1110-CR-529
Criminal. Affirms conviction of Class C felony possession of cocaine.

KSM, LLC v. Lighthouse Storage, LLC, Lawyers Title Ins. Corp., Inc., and Kevin and Stephen Corp. (NFP)
02A03-1106-PL-232
Civil plenary. Affirms grant of summary judgment in favor of Lighthouse Storage, holding court did not abuse its discretion in ordering rescission of the purchase contract. Reverses trial court’s grant of summary judgment in favor of Lawyers Title on KSM’s negligent misrepresentation claim and grant of summary judgment in favor of a KSM manager on Lighthouse’s actual fraud claim. Remands for further proceedings.

John Mitchem v. State of Indiana (NFP)
49A04-1108-CR-421
Criminal. Affirms conviction of Class B felony burglary and Class D felony theft.

Tyson Keplinger v. State of Indiana (NFP)
35A02-1104-PC-359
Post conviction. Affirms denial of petitions for post-conviction relief.

 

Opinions March 15, 2012

Indiana Supreme Court
Charlie White, et. al. v. Indiana Democratic Party, through its Chairman , Daniel J. Parker
49S00-1202-MI-73
Miscellaneous. Reverses a decision by Marion Circuit Judge Lou Rosenberg, which found that Charlie White was not eligible to take office following the November 2010 election because he had improperly registered to vote at an address where he was not living. Justice Brent Dickson concurred in result, but wrote separately to say that he agreed with the election contest being dismissed because he sees the Legislature’s attempt to impose additional eligibility qualifications on candidates as unconstitutional and not a basis to contest someone’s eligibility for office.

Judges rule on lakefront land rights case

The Indiana Court of Appeals has upheld a LaGrange Circuit judge’s decision granting summary judgment for a group of land owners caught up in a court dispute with neighbors about a portion of land situated between the plaintiffs’ homes and the shore of Big Long Lake.

Court of Appeals reverses medical malpractice ruling

Determining that a question exists about when the statute of limitations started running on a proposed medical malpractice complaint, the Indiana Court of Appeals has reversed a decision in a case involving the death of a woman at an Indianapolis hospital after receiving medication prior to heart surgery.

“The Enforcement Experience” – A Sports Law CLE April 13

Join members of the NCAA enforcement staff, Joyce Thompson and Michael Zonder, as they lead participants through an infractions investigation using a fictional but realistic case scenario. Learn what triggers an investigation, strategies used by investigators, how the staff determines what allegations should be made, and how the Committee on Infractions determines penalties. A review of infractions cases for the 2010-2011 academic year will also be presented. Julia Spoor Gard, partner at Barnes & Thornburg, will moderate.

Registration begins at 1:30 p.m.; the program runs from 2 to 5 p.m. at the Barnes & Thornburg Auditorium, 11 S. Meridian St., Indianapolis. The cost to register is $75. There are 2.8 hours of CLE or New Lawyer credit available. Online registration or a printable registration form is available at www.TheIndianaLawyer.com/events. For questions or more information, contact Karen Aruta at (317) 472-5201 or [email protected].

This Sports Law CLE event is co-sponsored by Indiana Lawyer and Valparaiso University Law School.
 

Supreme Court rules Charlie White was eligible to assume office

The Indiana Supreme Court has held that Charlie White was eligible to assume the office of secretary of state after being elected to that post in the 2010 general election. The justices point out the average voter was aware of concerns surrounding White’s voter registration history and they will not, on the basis of the petition before them, “judicially disenfranchise voters who went to the polls.”

Opinions March 14, 2012 ILD

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

Indiana Court of Appeals
Karl A. Kaler v. State of Indiana (NFP)
57A04-1108-CR-432
Criminal. Affirms sentence for Class D felony theft and adjudication as a habitual offender.

David Marzini v. State of Indiana (NFP)
20A03-1102-PC-64
Post conviction. Affirms denial of petition for post-conviction relief.

Shavaughn Wilson v. State of Indiana (NFP)
49A02-1109-PC-795
Post conviction. Affirms sentence for Class A felony dealing in cocaine, Class C felony possession of cocaine, Class A misdemeanor possession of marijuana, and adjudication as a habitual offender.

Chris Davis v. State of Indiana (NFP)
49A02-1107-CR-619
Criminal. Affirms convictions of Class D felony escape and Class C misdemeanors refusal to identify and operating a vehicle having never received a license.

Jessica E. Mantooth v. State of Indiana (NFP)
24A01-1108-CR-382
Criminal. Affirms convictions of Class A felony possession of methamphetamine with intent to deal, Class D felony neglect of a dependent, and Class A misdemeanors possession of paraphernalia and driving while suspended.

Timothy Colby & Holly Colby v. T.H. Construction, Inc. (NFP)
45A03-1110-PL-472
Civil plenary. Affirms order and entries of judgment entered against the Colbys on their complaint for breach of contract and deception filed against T. H. Construction Inc.

Patty Garcia v. State of Indiana (NFP)
49A02-1108-CR-831
Criminal. Affirms conviction of failure to ensure school attendance as a Class B misdemeanor.

Jacob Lockridge v. State of Indiana (NFP)
48A02-1104-CR-383
Criminal. Affirms conviction of two counts of Class B felony child molesting and sentence imposed.

Christopher L. Overla v. State of Indiana (NFP)
02A05-1108-CR-474
Criminal. Affirms sentence following guilty plea to Class D felony invasion of privacy.

Scott C. Haisley v. State of Indiana (NFP)
18A02-1106-CR-568
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.

William James Hall v. State of Indiana (NFP)
82A04-1107-CR-330
Criminal. Affirms convictions of Class B felony attempted rape and Class D felonies residential entry and criminal confinement.

Tamara Sue Forrester v. State of Indiana (NFP)
48A04-1108-CR-453
Criminal. Affirms revocation of probation.

John McMahan v. State of Indiana (NFP)
20A03-1109-CR-409
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Paul Michael Kage v. State of Indiana (NFP)
76A03-1108-CR-379
Criminal. Dismisses appeal that plea agreement should be set aside.

Term. of Parent-Child Rel. of M.J.; C.J. v. Indiana Dept. of Child Services (NFP)
79A05-1109-JT-502
Juvenile. Affirms termination of parental rights.

Raymond Warren v. State of Indiana (NFP)
02A03-1106-CR-325
Criminal. Affirms three convictions of child molesting as Class A felonies and one conviction of Class C felony child molesting.

Noah Thom v. State of Indiana (NFP)
48A05-1107-CR-348
Criminal. Affirms placement at the Department of Correction.

Imani Scott v. State of Indiana (NFP)
49A05-1108-CR-429
Criminal. Affirms sentence for Class B felony robbery.

In the Matter of the Involuntary Term. of the Parent-Child Rel. of L.L., and R.L. v. The Indiana Dept. of Child Services (NFP)
20A03-1107-JT-337
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.