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Opinions March 7, 2012 ILD

The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.

Indiana Court of Appeals
Antwain D. Sanders v. State of Indiana (NFP)
71A03-1107-CR-313
Criminal. Affirms conviction of Class D felony resisting law enforcement with a vehicle, finding the evidence was sufficient to support the conviction.  

Clinton E. Sams v. State of Indiana (NFP)
89A05-1108-CR-403
Criminal. Affirms conviction for Class B felony dealing in a controlled substance and trial court’s finding that defendant is a habitual offender.

Deer Park Management v. Giovanni Zanovello (NFP)
53A01-1104-SC-161
Small claims. Affirms judgment in favor of tenant Giovanni Zanovello, as Deer Park Management did not provide him with timely notice in a move-out letter. Judge Carr Darden dissents, finding the move-out letter was timely and he would reverse the trial court’s decision.
 
Term. of Parent-Child Rel. of M.B., J.B., & T.B.; Y.B. v. Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A02-1104-JT-397
Parental rights termination. Affirms involuntary termination of parental rights to two children, finding clear and convincing evidence to support the judgment.

Marquis T. Hawkins v. State of Indiana (NFP)
02A03-1108-CR-441
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement, finding sufficient evidence to support the determination that defendant knowingly fled from authorities.
 

Opinions March 7, 2012

Indiana Court of Appeals
Angela C. Garrett v. State of Indiana
32A05-1105-CR-239
Criminal. Reverses Class A felony conviction of dealing methamphetamine, finding that the trial court should have instructed the jury on a lesser-included offense of possession of methamphetamine. Remands for a new trial.

Opinions March 6, 2012 ILD

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

Indiana Court of Appeals
John Shocke v. State of Indiana (NFP)
88A01-1107-CR-366
Criminal. Affirms revocation of probation.

Jamika J. Talley v. State of Indiana (NFP)
79A05-1107-CR-407
Criminal. Affirms conviction of Class A misdemeanor conversion.

In the Matter of the Civil Commitment of M.B. v. Wishard Health Services Midtown Community Mental Health Center (NFP)
49A02-1106-MH-505
Mental health. Affirms involuntary commitment.

Larry Parks v. State of Indiana (NFP)
49A02-1108-CR-706
Criminal. Affirms conviction of Class A misdemeanor driving while suspended.

Darrick Scott and Paul A. Watson v. City of Terre Haute, et al. (NFP)
84A01-1108-PL-337
Civil plenary. Affirms summary judgment in favor of Terre Haute and other city actors on Scott and Watson’s civil complaint alleging that the appointment of 10 firefighters to the position of battalion chief was illegal and circumvented the merit system.

David A. Bowe v. State of Indiana (NFP)
40A01-1108-CR-375
Criminal. Affirms sentence for Class C felony burglary and Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions March 6, 2012

Indiana Supreme Court
Mark J. Thatcher v. City of Kokomo, et al.
94S00-1109-CQ-570
Certified question. Indiana Code 36-8-4-7(a) applies to a member of the 1977 Fund who is receiving disability benefits and who has been determined to have been recovered pursuant to 35 Indiana Administrative Code 2-5-5(c). And the time period during which a person receives disability benefits under Indiana Code 36-8-8-12(e) does not count toward “years of service” as that term is used in Indiana Code 36-8-4-7(a).

Evansville event creates mock trial to educate young attorneys

The Evansville Bar Association will hold “The Anatomy of a Jury Trial” Wednesday in the city’s federal building. The event developed from concerns by Chief Judge Richard L. Young of the Southern District of Indiana that younger attorneys no longer receive trial experience that used to be available.

Justices: injured cop prevented by law from rejoining force

A police officer who was injured in the 1980s and received disability benefits – but later was physically able to rejoin the police department – is statutorily prohibited against returning to the force, the Indiana Supreme Court decided in answering a certified question.

New moot court competition kicks off Friday

Indiana University Robert H. McKinney School of Law’s inaugural National Professional Responsibility Moot Court Competition will take place March 9 and 10 in Indianapolis. This is just the second professional responsibility competition in the U.S.

COA: trial court erred in piercing corporate veil

Because there was no causal connection established between misuse of the corporate form and fraud or injustice, the Indiana Court of Appeals reversed the trial court’s decision to pierce the corporate veil.

Justices accept 5 cases

The Indiana Supreme Court has taken five cases, including one challenging the constitutionality of the state’s medical malpractice cap and a case on the reasonableness of hospital fees charged.

Opinions March 5, 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
Christopher Starkey v. Janet Panoch (NFP)
49A05-1104-DR-194
Domestic relation. Remands with instructions that husband still make the required house and utility payments but that he be reimbursed from house proceeds for these amounts; for further consideration and findings as to whether husband is entitled to a credit for his overpayment of temporary maintenance and support; and to clarify the parties’ date of separation and to make any necessary corrections to medical expense calculations based upon the wrong date. Affirms dissolution judgment in all other respects.

Brenda S. Hanna v. State of Indiana (NFP)
10A01-1105-CR-277
Criminal. Affirms conviction of Class D felony possession of a narcotic drug.

Jeremy Whetstone v. State of Indiana (NFP)
71A04-1108-CR-390
Criminal. Affirms convictions of Class C felony stalking and Class A misdemeanor criminal conversion.

Gregory Young v. Nicole Young (NFP)
20A05-1107-DR-383
Domestic relation. Affirms award of maintenance and attorney fees to wife.

 

Opinions March 5, 2012

Indiana Court of Appeals
Brandy L. Walczak v. Labor Works-Fort Wayne, LLC, d/b/a Labor Works
02A04-1109-PL-509
Civil plenary. Reverses summary judgment for Labor Works-Fort Wayne in Walczak’s suit for unpaid wages. Concludes that the matter must be first submitted to the Department of Labor for resolution, so the trial court lacked subject matter jurisdiction over the claims until the DOL had made a determination. Remands with instructions to dismiss the complaint.

COA: Department of Labor should review claim

The Indiana Court of Appeals found that a woman’s lawsuit for unpaid wages should have first been brought before the Indiana Department of Labor before she filed her action.

Rally to bring attention to CASAs

The Indiana Child Advocates Network and the State Office of GAL/CASA of the Division of State Court Administration held a rally at the Indiana Statehouse Monday morning to highlight the need for and the importance of court appointed special advocates.

Opinions March 2, 2012 ILD

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

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

Indiana Court of Appeals
Tonya J. Clark v. Review Board of the Dept. of Workforce Development and PCI Holdings, LLC (NFP)
93A02-1108-EX-800
Agency appeal. Affirms denial of unemployment benefits.

Gary W. Moody v. City of Franklin (NFP)
41A04-1106-PL-294
Civil plenary. Dismisses the denial of a petition for preliminary injunction against Franklin.

1st Call Home Health LLC and Cardinal Health Systems, Inc. v. Pamela Porter and Abbott Laboratories, Inc. (NFP)
18A05-1110-PL-528
Civil plenary. Affirms denial of summary judgment in a suit against 1st Call Home Health and Cardinal Health Systems filed by Pamela Porter.

Bryan Keith Hughes v. State of Indiana (NFP)
06A04-1106-CR-385
Criminal. Affirms convictions of and sentence for Class B felony attempted rape and Class D felonies domestic battery and criminal confinement.

Derek Rucker v. State of Indiana (NFP)
49A05-1107-CR-349
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Bernard O. Tidey v. State of Indiana (NFP)
66A05-1110-CR-560
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated in a manner that endangers a person.

Dennis L. Lewis v. State of Indiana (NFP)
48A02-1108-CR-744
Criminal. Affirms sentence for Class C felony operating a motor vehicle with an ACE of 0.08 or more.

Chadd B. Langston v. State of Indiana (NFP)
18A02-1105-CR-466
Criminal. Affirms conviction of conspiracy to commit robbery as a Class C felony as well as adjudication as a habitual offender.
 

Opinions March 2, 2012

Indiana Court of Appeals
Brian Scott Hartman v. State of Indiana
68A01-1106-CR-264
Criminal. Affirms the denial of Hartman’s motion to suppress a statement he made to the police regarding involvement in the death of his father. Hartman initiated further communication by asking whether the search warrant had been served and whether anything had been found, and then told the detective that he wanted to speak with him.

COA finds man initiated communication with detective

The Indiana Court of Appeals has affirmed the denial of a defendant’s motion to suppress an incriminating statement to a detective because the defendant initiated the discussion and understood his Miranda rights before speaking.

Governor has met with Supreme Court finalists

Indiana Governor Mitch Daniels wants to move quickly on appointing the state’s next Indiana Supreme Court justice. He has already met with the three finalists who are vying for that position.