Indiana justices to rule on Evansville smoking ban
The Indiana Supreme Court accepted two cases last week for transfer, a pair of rulings from Vanderburgh County on the city of Evansville’s ordinance prohibiting smoking in certain places.
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COA affirms trial court dismissal of judicial review but differs on reasoning
An Allen Superior judge’s determination that the court lacked jurisdiction to hear a zoning issue, thus requiring dismissal, was erroneous, the Indiana Court of Appeals ruled. But the judges affirmed the lower court’s dismissal of the case because of a lack of supporting materials and a late request for a filing deadline extension.
Justices: Excluding expert witness was error by trial court
Four Indiana justices Friday held that a Montgomery Superior judge erred when he struck the plaintiff’s expert witness in a medical malpractice lawsuit and dismissed the suit under Indiana Trial Rules 37(B) and 41(E).
SCOTUS rules in favor of Ball State in hostile work environment suit
In a 5-4 decision Monday, the Supreme Court of the United States has upheld the decision by the 7th Circuit Court of Appeals that a woman failed to prove she was subject to a hostile work environment at Ball State University.
SCOTUS rules in favor of Ball State in hostile work environment suit
In a 5-4 decision Monday, the Supreme Court of the United States has upheld the decision by the 7th Circuit Court of Appeals that a woman failed to prove she was subject to a hostile work environment at Ball State University.
Opinions June 21, 2013 ILD
Indiana Court of Appeals
Mark A. Sheese v. State of Indiana (NFP)
84A01-1301-CR-18
Criminal. Affirms revocation of probation.
In the Matter of Minor Children Alleged to be in Need of Services, R.C. and J.C., Minor Children, D.S., Mother, and E.S., Stepfather v. Indiana Department of Child Services (NFP)
88A01-1211-JC-510
Juvenile. Affirms adjudication of children as children in need of services.
Kenneth Alexander v. State of Indiana (NFP)
10A01-1210-CR-492
Criminal. Affirms conviction and sentence for Class A felony burglary and adjudication as a habitual offender.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions June 21, 2013
Indiana Court of Appeals
Gasser Chair Company, Inc. v. Marlene J. Nordengreen, Horseshoe Hammond, LLC, d/b/a Horseshoe Casino
45A03-1210-CT-435
Civil tort. Affirms summary judgment for Horseshoe Casino and denial of Gasser Chair Co.’s motion on Nordengreen’s claim that she was injured at the casino while using a chair Gasser manufactured. Gasser has not demonstrated Horseshoe had actual knowledge the chair was dangerous. Declines to hold a premises owner’s knowledge of a dangerous condition on its premises cannot be determined without first knowing the dangerous condition was the “sole proximate case” of an injury. Remands for the trial court to resolve the remaining issues raised in Horseshoe’s third-party complaint against Gasser.
More 2012 law grads find jobs, but overall employment rate dips
The overall employment rate for 2012 law school graduates is at the lowest its been in nearly 20 years, according to data released by NALP Thursday.
Marion County seeks plan to handle expungement requests
Marion County courts expect a flood of requests for expungement of criminal convictions and charges after a new law takes effect July 1. Judges on Friday agreed for now those requests should be heard by the judges in courts where the convictions were entered or charges brought.
Appeals court upholds woman’s sentence for treatment of cats
A Fort Wayne woman who kept more than 100 cats between two properties in deplorable conditions had her sentence for multiple counts of criminal mischief and animal cruelty upheld by the Indiana Court of Appeals. The judges declined to revise her sentence because it was appropriate given her character and the nature of the offense.
Injured man who sued estate can only recover insurance policy limits
A man who was injured in an auto accident with a woman who died the following year cannot recover any funds from her estate, the Indiana Court of Appeals ruled. But the trial court didn’t err in denying the estate’s motion to amend the jury award, because it is a valid judgment despite that the man can only recover funds available under the policy limits of the woman’s insurance policy.
Summary judgment affirmed for casino in collapsing chair suit
The manufacturer of a chair that came down on a patron’s leg as she sat on it appealed the denial of its summary judgment on the woman’s complaint, arguing the northern Indiana casino shouldn’t have been granted summary judgment. The Indiana Court of Appeals affirmed Friday, but ordered more proceedings on Horseshoe Casino’s third-party complaint against Gasser Chair Co.
Opinions June 20, 2013 ILD
Indiana Court of Appeals
Corey L. Grier v. State of Indiana (NFP)
20A05-1212-CR-658
Criminal. Reverses sentence following guilty plea to Class D felony possession of marijuana and remands for the trial court to amend the sentencing order to comply with the plea agreement.
Robert Dashon James v. State of Indiana (NFP)
71A03-1301-CR-4
Criminal. Affirms conviction of Class C felony felon in possession of a handgun.
Samuel Bradbury v. State of Indiana (NFP)
79A02-1210-CR-828
Criminal. Affirms denial of motion to suppress.
Joseph Barefield v. State of Indiana (NFP)
49A05-1210-CR-528
Criminal. Affirms convictions of three counts of Class B felony sexual misconduct with a minor.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions June 20, 2013
Indiana Court of Appeals
Corey L. Grier v. State of Indiana (NFP)
20A05-1212-CR-658
Criminal. Reverses sentence following guilty plea to Class D felony possession of marijuana and remands for the trial court to amend the sentencing order to comply with the plea agreement.
Advisory opinion expresses concerns over certain judicial pay arrangements
The Indiana Commission on Judicial Qualifications has released an advisory opinion addressing salary payments to judges and judicial officers that may be made contingent on the number of cases filed with the court. The opinion cautions against accepting compensation from sources that may lead to the appearance of influencing the court.
Bankruptcy Court updating procedure for Chapter 13 confirmation hearings
The United States Bankruptcy Court for the Southern District of Indiana will be changing how it handles Chapter 13 confirmation hearings beginning July 1.
Ice Miller, Bingham Greenebaum Doll reduce downtown office space
A couple of Indianapolis’ largest law firms are giving up space in two downtown office towers, exemplifying how the legal profession is shifting the way in which it conducts business.
SCOTUS issues 3 decisions; opinions on Ball State case, same-sex marriage to come
Those who hoped to learn how the Supreme Court of the United States will rule on same-sex marriage likely will need to wait until next week. The U.S. justices issued three opinions Thursday, although none were from the highly anticipated cases before them.
Opinions June 19, 2013 ILD
Indiana Court of Appeals
Natalie Rouse v. State of Indiana (NFP)
02A03-1212-CR-550
Criminal. Affirms conviction of Class C misdemeanor operating a motor vehicle without ever receiving a license.
Jason E. Morales v. State of Indiana (NFP)
87A01-1211-PC-530
Post conviction. Affirms denial of petition for post-conviction relief.
In the Matter of: M.W., Minor Child, A Child in Need of Services, E.W., Father v. Indiana Department of Child Services (NFP)
49A05-1210-JC-500
Juvenile. Affirms parental participation order entered as part of the juvenile court’s dispositional order.
Corey L. Mosley v. State of Indiana (NFP)
49A02-1203-PC-249
Post conviction. Affirms denial of petition for post-conviction relief.
Jason Matlock v. State of Indiana (NFP)
49A02-1209-CR-742
Criminal. Affirms admission of evidence police obtained pursuant to a traffic stop.
Wellpoint, Inc. (f/k/a Anthem, Inc.) and Anthem Insurance Companies, Inc. v. National Union Fire Ins. Co. of Pittsburgh, Pa; AIG Europe (U.K.) Limited, New Hampshire Ins. Co., et al. (NFP)
49A05-1202-PL-92
Civil plenary. Affirms summary judgment for Wellpoint’s insurers, who denied coverage for Wellpoint’s defense and settlement of a number of lawsuits against it.
King of Clean Automotive, LLC, v. New Truck Alternative, LLC. (NFP)
29A02-1205-MI-414
Miscellaneous. Affirms the ruling that King of Clean’s mechanic’s liens were not valid and the grant of New Truck Alternative’s petition for replevin.
Erica Battle v. State of Indiana (NFP)
49A02-1211-CR-924
Criminal. Remands with instructions that the trial court vacate two of the three Class C forgery convictions and affirms in all other respects.
Christopher Baxter v. State of Indiana (NFP)
22A01-1210-CR-447
Criminal. Affirms murder conviction and reverses Baxter’s 55-year sentence and remands with instructions to sentence him under the correct statute.
Anthony Houston v. State of Indiana (NFP)
49A05-1208-PC-432
Post conviction. Affirms denial of petition for post-conviction relief.
In Re: The Marriage of: Caleb E. Campbell v. Anna P. Campbell (NFP)
71A03-1210-DR-420
Domestic relation. Reverses order that the paternal and maternal grandparents participate in family therapy and the court orders with respect to the division of the marital estate to the extent it failed to allocate Pell grants to Caleb Campbell. Remands for modification of the decree of dissolution consistent with this opinion and affirms in all other respects.
In Re: The Marriage of: Bernard Lee, Jr. v. Jackie Smith (NFP)
30A01-1208-DR-380
Domestic relation. Affirms the court’s custody determination for K.L., reverses the court’s order regarding property division and remands for further proceedings.
Bernard L. Strickland v. State of Indiana (NFP)
71A05-1301-CR-10
Criminal. Affirms convictions of Class C felony burglary and Class A misdemeanors resisting law enforcement and possession of paraphernalia and for being a habitual offender.
Daniel R. Fuquay, Sr. v. State of Indiana (NFP)
82A01-1208-CR-360
Criminal. Affirms denial of motion to correct erroneous sentence.
Christopher A. Fischer v. State of Indiana (NFP)
82A04-1207-CR-382
Criminal. Affirms convictions of Class C felony burglary and Class D felonies receiving stolen property and theft.
Wade R. Meisberger v. State of Indiana (NFP)
53A05-1208-CR-452
Criminal. Affirms revocation of suspended sentence.
Tyris D. Lapsley v. State of Indiana (NFP)
02A03-1211-CR-477
Criminal. Affirms sentence for Class D felony possession of marijuana and Class A misdemeanor operating a vehicle while intoxicated.
James H. Suttle, Jr. v. State of Indiana (NFP)
49A02-1211-PC-906
Post conviction. Affirms denial of petition for post-conviction relief.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions June 19, 2013
Indiana Court of Appeals
Revas Spencer v. Tiffany Spencer
36A04-1211-PO-605
Protective order. Reverses denial of the agreed order dismissing an order of protection submitted by the Spencers to the trial court. Since the word “shall” appears in the statute regarding the trial court’s actions when the petitioner files for the dismissal of a protection order, the trial court didn’t have the discretion to deny the parties’ request to dismiss the protective order.