Giving fee guidance
Indiana Supreme Court decisions on fee structures lack bright-line rules and have caused questions about practicality.
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Opinions Jan. 30, 2012 ILD
7th Circuit Court of Appeals had issued no opinions at IL deadline.
Indiana Indiana Supreme Court and Indiana Tax Court had issued no opinions at IL deadline.
Indiana Court of Appeals
Fletcher Coleman and Dorothy Coleman v. Northeast Neighborhood Revitalization Organization, Inc., and Northeast Neighborhood Council, Inc. (NFP)
71A05-1106-CT-300
Civil tort. Affirms trial court’s denial of the Colemans’ motion to strike portions of Northeast Neighborhood’s Revitalization Organization’s affidavits, finding no genuine issues of material fact exist.
Term. of the Parent-Child Rel. of J.S., minor child, and T.S. (Father) v. Indiana Dept. of Child Services, Scott County Office (NFP)
72A01-1107-JT-329
Juvenile. Affirms termination of father’s parental rights.
Anthony A. May v. State of Indiana (NFP)
35A02-1107-CR-697
Criminal. Affirms conviction of and sentence for Class C felony nonsupport of a dependent child.
Andre Perry v. State of Indiana (NFP)
49A02-1105-CR-438
Criminal. Affirms convictions of and sentences for Class B felony unlawful possession of a firearm, three counts of Class B felony criminal confinement and one count of Class C felony robbery.
Kristen Leach v. Steven Leach (NFP)
39A01-1108-DR-332
Domestic relation. Affirms trial court’s order granting custody of children to father.
Jesse C.E. Rayford v. State of Indiana (NFP)
01A02-1106-CR-554
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy, but remands for resentencing, holding that the combined term of imprisonment and period of probation should not exceed one year.
Opinions Jan. 30, 2012
Indiana Court of Appeals
State of Indiana v. Johnnie S. McCaa
56A04-1107-CR-341
Criminal. Reverses trial court’s grant of McCaa’s motion to suppress evidence, holding that due to the unusual circumstances of an initial traffic stop, police did not err in asking McCaa to drive his truck to another location, where he ultimately failed field sobriety tests.
AG’s office says disputes over legislative rules should not be decided in court
The Indiana Supreme Court will hear the state's appeal in the lawsuit over collecting fines imposed on absent members of the Legislature. The state's highest court on Friday ruled 4-1 to accept jurisdiction of the interlocutory appeal sought by the Indiana attorney general's office, which represents the state and officials named as defendants in the legislative fines lawsuit, Crawford v. Berry.
COA: Court erred in not granting request for change of judge
Indiana’s appellate court has reversed a trial court in denying a mother’s request for change of judge in a custody dispute.
COA reverses trial court in OWI case
The Indiana Court of Appeals has reversed a trial court’s grant of a truck driver’s motion to suppress evidence, holding that police did not violate his rights in an unusual traffic stop.
Driver’s appeal based on misinterpretation of previous COA decision
A woman convicted of Class A misdemeanor driving while suspended within 10 years of a prior infraction misinterpreted a prior case in support of her appeal.
Governor signs human trafficking bill
Indiana Gov. Mitch Daniels has signed Senate Enrolled Act 4, which more clearly defines human trafficking and strengthens penalties for that crime. The new law is effective immediately.
15 apply to be Supreme Court justice
Fifteen people have applied to be the next Indiana Supreme Court justice, the high court announced Friday. They are vying to replace Chief Justice Randall T. Shepard, who will leave the bench March 4.
Opinions Jan. 27, 2012 ILD
7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
In the Matter of L.L., (CHINS), K.R. S. (Mother) v. Indiana Dept. of Child Services (NFP)
52A05-1107-JC-382
Juvenile. Affirms trial court’s determination that L.L. was a child in need of services.
Justin L. Hargrove v. State of Indiana (NFP)
67A01-1103-CR-112
Criminal. Affirms conviction for Class A felony attempted murder.
Indianapolis Education Association and President Elden Wolting v. Indianapolis Public Schools (NFP)
49A02-1101-PL-27
Civil plenary. Dismisses appeal as moot, holding no effective relief could be rendered through appeal.
In the Matter of the Term. of the Parent-Child Rel. of J.S. and A.S.; R.S. and Ja.S. v. Indiana Dept. of Child Services (NFP)
33A01-1106-JT-246
Juvenile. Affirms termination of parental rights for mother and father.
Brett Zagorac v. State of Indiana (NFP)
64A03-1011-CR-589
Criminal. On petition for rehearing, reaffirms initial opinion that any possible error in admission of evidence was harmless.
Opinions Jan. 27, 2012
Indiana Court of Appeals
Robert Holland, A Concerned Citizen for the Redevelopment of Gary v. Richard Steele, Barbara Steele, First Midwest Bank, As Successor Trustee By Way of Merger to Bank Calumet, N.A., et al.
45A03-1102-PL-84
Civil plenary. Affirms the trial court’s determination that Holland was not entitled to summary judgment on his quiet title claim, and grant of summary judgment to the bank on its trespass and slander of title claims. The trial court properly found that Holland had filed a frivolous lawsuit and awarded appropriate attorney fees. On cross-appeal, the appellate court denied the bank’s request for appellate attorney fees.
Tort Claims Act does not grant immunity for reckless conduct
The Indiana Court of Appeals held the Tort Claims Act does not grant immunity to law enforcement officers who fail to exercise reasonable care while driving.
Webcasting allowed in 3 Lake County courtrooms
The Indiana Supreme Court has announced a new 18-month pilot project allowing trial court proceedings to be webcast in three Lake County courtrooms.
Appellate court orders new trial in child molesting case
A man who was convicted of Class C felony child molesting is entitled to a new trial, according to the Indiana Court of Appeals.
COA holds volunteer caretaker not entitled to damages
The Indiana Court of Appeals has affirmed a trial court’s finding that a man was not entitled to damages for taking care of a blighted property.
Super Bowl to affect IU law school building and parking accessibility
From 5 p.m. Friday through Jan. 29, Indiana University Robert H. McKinney School of Law will be locked. The surface lot west of the school will also be closed through the weekend.
Judge rules on summary judgment motions in IBM case
The State of Indiana may be on the hook to pay IBM $40 million in subcontractor assignment fees per the contract it had with IBM to update the state’s welfare system, a contract the state cancelled in October 2009 because it wasn’t happy with results.
IU Maurer to host federal sentencing talk
Indiana University Maurer School of Law will host 7th Circuit Court of Appeals Judge David Hamilton for a discussion on federal sentencing on Jan. 31. IU Maurer professor Ryan Scott will join Hamilton in discussing the comparative severity of federal prison sentences.
Opinions Jan. 26, 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
Associated Estates Realty Corporation v. Angela Mason (NFP)
49A02-1105-CT-426
Civil tort. Grants rehearing and affirms original decision to reverse the denial of Associated Estates Realty Corp.’s motion for relief from judgment.
Duane R. Tackett v. State of Indiana (NFP)
18A05-1101-CR-7
Criminal. Affirms convictions of and sentence for Class B felonies rape, sexual misconduct with a minor and criminal deviate conduct and Class D felony child solicitation.
Richard H. Edwards v. State of Indiana (NFP)
19A04-1101-CR-26
Criminal. Affirms revocation of probation.
Meridian S.E.T., LLC v. Auditor of Marion County, Assessor of Marion County, and City of Indianapolis/Marion County (NFP)
49A02-1106-PL-482
Civil plenary. Affirms summary judgment in favor of the auditor, assessor and city of Indianapolis.
Moustapha Barry v. State of Indiana (NFP)
49A02-1105-CR-565
Criminal. Affirms conviction of and sentence for Class B felony dealing in cocaine.
Diana Bible v. St. Vincent Hospital (NFP)
93A02-1107-EX-600
Agency appeal. Affirms decision to deny claim for workers’ compensation benefits.
James Patrick Flinn v. Courtney Sue Flinn and James Erick Flinn (NFP)
43A04-1108-PL-455
Civil plenary. Reverses grant of Courtney Flinn’s motion for summary judgment on James Patrick Flinn’s complaint for conversion. Remands for further proceedings.
Casey Jackson v. State of Indiana (NFP)
67A01-1108-CR-340
Criminal. Affirms conviction of Class A misdemeanor battery resulting in bodily injury.
Ruth Dishman, Personal Rep. of the Estate of Julie A. Etchison v. Community Hospitals of Indiana, Inc., Medcheck Anderson, Troy Abbott, M.C., and Stephen Robertson (NFP)
48A02-1105-PL-467
Civil plenary. Affirms grant of partial summary judgment in favor of the medical defendants and Stephen Robertson in conjunction with a proposed complaint for medical malpractice.
Dairius Redding v. State of Indiana (NFP)
71A03-1107-CR-294
Criminal. Affirms decision to admit results of a buccal swab DNA analysis at trial and the finding of aggravating factors at sentencing.
Angelina M. Sanders v. State of Indiana (NFP)
20A03-1106-CR-297
Criminal. Affirms conviction of Class D felony domestic battery in the presence of a child.
Stacey Sills v. State of Indiana (NFP)
90A02-1107-CR-615
Criminal. Affirms sentence following guilty plea to two counts of Class C felony child molesting and one count of Class C felony child exploitation.
Lawrence Peterson and Fredrick Edmond v. Bruce Lemmon, et al. (NFP)
48A05-1102-MI-430
Miscellaneous. Affirms order granting a motion to dismiss action for mandate.
Jonathan Paugh v. State of Indiana (NFP)
67A01-1107-CR-298
Criminal. Reverses finding that Paugh is a credit restricted felon.