COA affirms arbitration opinion on rehearing
Rehearing a case at the request of the appellant, the Indiana Court of Appeals reaffirmed its original opinion that trustees are not bound by an arbitration clause that was signed by predecessors.
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Opinions Dec. 19, 2011 ILD
7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.
Indiana Court of Appeals
Adrian Hulse v. State of Indiana (NFP)
57A03-1105-CR-213
Criminal. Affirms conviction of battery.
City of Muncie v. Stanley Benford (NFP)
18A02-1011-MI-1281
Miscellaneous. Reverses trial court’s order awarding damages to Benford, holding the court lacked authority to enter the order.
Erie Ins. Exchange as Subrogee of Welch & Wilson Properties, LLC, d/b/a Hammons Storage and Allianz Global Risks U.S. Ins. Co. v. 500 Rangeline Rd., LLC and HSM Development, Inc. (NFP)
73A05-1104-PL-165
Civil plenary. Dismisses appeal from Erie, holding that the entry of partial summary judgment that Erie appeals is neither a final judgment nor an appealable interlocutory order, and therefore the appeals court lacks subject matter jurisdiction to entertain Erie’s appeal.
Boyer Excavating Corp. v. Shook Construction and Ball State University Board of Trustees (NFP)
18A02-1007-PL-834
Civil plenary. Affirms trial court’s order in favor of Shook Construction and Ball State University Board of Trustees, concluding that the court did not err in applying the doctrine of promissory estoppel.
JPMorgan Chase Bank, N.A., s/b/m Bank One, N.A. v. Mike S. Forbing, Successor Trustee of the Jack D. Forbing Revocable Trust (NFP)
02A05-1107-MI-395
Miscellaneous. Affirms Allen Circuit Court’s denial of motion to set aside trial court’s order releasing surplus funds from the sale of real estate.
Magnolia Health Systems v. Review Board of the Indiana Dept. of Workforce Development and Emma J. Johnson (NFP)
93A02-1107-EX-586
Civil. Affirms decision from Indiana Department of Workforce Development Review Board in favor of Johnson.
Roger Ordonez v. State of Indiana (NFP)
49A02-1105-CR-380
Criminal. Affirms sentence for Class B felony failure to stop after operating while intoxicated causing serious bodily injury.
In the Matter of the Term. of the Parent-Child Rel. of J.B., D.G., and C.W.; and D.G. v. Indiana Dept. of Child Services (NFP)
79A04-1105-JT-347
Juvenile. Affirms termination of mother’s parental rights.
Indiana Tax Court and Indiana Supreme Court had posted no opinions at IL deadline.
Opinions Dec. 19, 2011
Indiana Court of Appeals
Capitol Construction Services, Inc. v. Amy Gray, as Personal Rep. of the Estateof Clinton Gray and All One, Inc.
49A04-1005-CT-289
Civil tort. Affirms trial court’s grant of partial summary judgment in favor of Gray’s estate, holding that per terms of the contract, Capitol Construction was obligated to provide fall protection for all subcontractors.
Appeals court sides with estate of contractor killed on the job
The Indiana Court of Appeals ruled an employer was liable for the safety of a subcontractor who fell from a ladder and sustained a fatal injury.
Justices grant transfer in 1 civil case
The Indiana Supreme Court has accepted a case asking whether a construction subcontractor on a public school project can be held liable for attorney fees under the state’s public records access laws applying to public agencies.
Munster advances to national We the People competition
Students from Munster High School won the state championship in the We the People competition Sunday and will represent Indiana in the national competition next year.
Job opening: Indiana Supreme Court justice
Lawyers interested in becoming the next justice on the Indiana Supreme Court have until Jan. 27 to apply for the opening created by Chief Justice Randall T. Shepard’s upcoming retirement.
Judge: Governor can be deposed
Indiana Gov. Mitch Daniels shouldn’t be excused from appearing for a deposition in a lawsuit challenging the cancelled multi-million dollar contract with IBM to modernize the state’s welfare system, according to Marion Superior Judge David Dreyer.
AG wants justices to consider prosecutor disqualification
Arguing that prosecutors must face an actual conflict of interest before they can be removed from a case, the Office of the Indiana Attorney General wants the state justices to take the high-profile case of a former state trooper being tried for murders that happened more than a decade ago.
Opinions Dec. 16, 2011 ILD
7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.
Indiana Court of Appeals
Will Arline v. State of Indiana (NFP)
48A04-1103-CR-133
Criminal. Affirms conviction of three counts of Class C felony forgery.
Robert Morelock v. State of Indiana (NFP)
29A02-1108-CR-736
Criminal. Affirms sentence for Class D felony invasion of privacy.
Arthur Dedrick Green v. State of Indiana (NFP)
45A05-1105-CR-230
Criminal. Affirms sentence for Class A felony voluntary manslaughter.
Frederick Allen v. State of Indiana (NFP)
49A02-1101-CR-2
Criminal. Affirms conviction of murder.
Mark Koers v. State of Indiana (NFP)
49A04-1105-CR-243
Criminal. Affirms trial court’s denial of motion to suppress evidence.
Diana L. Gipson v. Craig G. Gipson (NFP)
79A05-1103-DR-138
Domestic relation. Remands to the trial court to recalculate spousal maintenance award, holding the court did not account for the disparity in earnings potential.
Harvey Byrd v. State of Indiana (NFP)
49A02-1106-CR-478
Criminal. Affirms convictions of Class B felony robbery, Class B felony criminal confinement and Class C felony carrying a handgun without a license.
Chris Fields v. State of Indiana (NFP)
49A04-1105-CR-223
Criminal. Reverses conviction of Class B felony unlawful possession of a firearm by a serious violent felon.
Mario J. Gaston v. State of Indiana (NFP)
84A01-1105-CR-198
Criminal. Affirms conviction of Class B felony aggravated battery.
Jeryl R. Bingham v. State of Indiana (NFP)
49A05-1107-PC-409
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Supreme Court and Indiana Tax Court had issued no opinions at IL deadline.
Opinions Dec. 16, 2011
Indiana Court of Appeals
Justin M. Corwin v. State of Indiana
79A04-1005-CR-296
Criminal. Reverses conviction of Class C felony possession of a controlled substance, holding that a police officer exceeded the limits of a search as defined by Terry v. Ohio, 392 U.S. 1, 30 (1968), and therefore, the evidence he obtained in the search should not have been admitted at trial.
In first impression ruling, COA reverses trial court on illegal search
The Indiana Court of Appeals has ruled that a police officer went one step too far when he opened a pill bottle he found in a man’s pocket.
Governor names new general counsel
Gov. Mitch Daniels announced Friday that Anita Kolkmeier Samuel, assistant general counsel and policy director for the governor, has been named general counsel. Samuel replaces David Pippen, who has resigned to accept a position with Indianapolis law firm Bose McKinney & Evans.
63 claimants will accept settlement in State Fair stage collapse
The Office of the Indiana Attorney General has heard from all 65 claimants who were offered settlements stemming from the stage collapse at the Indiana State Fair in August, and 63 will accept the settlements.
Opinions Dec. 15, 2011 ILD
Indiana Court of Appeals
P.J. v. Review Board of the Indiana Dept. of Workforce Development, and Indianapolis Public Schools (NFP)
93A02-1102-EX-64
Agency appeal. Affirms determination that P.J. voluntarily left his employment without good cause and was ineligible for unemployment compensation.
Donald S. Forker v. State of Indiana (NFP)
28A04-1106-CR-364
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a controlled substance.
Robert D. Spangler v. State of Indiana (NFP)
26A01-1106-CR-284
Criminal. Affirms sentence imposed after Spangler pleaded guilty but mentally ill to murder.
Brad A. Morcombe v. Kim D. Morcombe (NFP)
50A03-1104-DR-172
Domestic relation. Affirms division of assets.
Clara Combs v. State of Indiana (NFP)
72A05-1104-CR-148
Criminal. Affirms sentence for dealing in a schedule II controlled substance as a Class B felony.
Good Host, LLC v. Advanced Interventional Pain Center, LLC (NFP)
49A05-1105-PL-217
Civil plenary. Affirms finding that Good Host failed to state a claim for breach of contract under the theory of an assignment of the lease. Reverses dismissal of Good Host’s equitable assignment claim and remands for further proceedings.
P. Bryan Lilly, D.O. v. Tammy Meserve, as Natural Guardian of Samantha Jo Aders, Darien Aders, and Mason James Aders, minors (NFP)
19A04-1104-CT-193
Civil tort. Affirms in part and reverses in part judgment in favor of Meserve on her complaint alleging Dr. Lilly’s negligence resulted in Chad Aders’ death. Any error in the admission of Exhibit 4 or the expert testimony relating the content of the autopsy report did not affect Lilly’s substantial rights and was harmless. The trial court improperly denied Meserve’s request for attorney fees. Remands for the calculation of such.
In Re: (Supervised) Estate of Robert E. Bradley, Decedent; Phyllis C. Bradley v. Martha T. Starkey (NFP)
49A02-1103-EU-245
Estate, unsupervised. Affirms probate court’s order on the emergency petition to recover estate assets filed by Starkey.
Joshua Hudson v. State of Indiana (NFP)
87A05-1105-PC-280
Post conviction. Affirms denial of petition for post-conviction relief.
Najee Sabree Q. Blackman v. Samantha Maddox, et al. (NFP)
34A05-1106-CT-379
Civil tort. Affirms dismissal of Blackman’s complaint for damages.
R.D. v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)
93A02-1103-EX-210
Agency appeal. Reverses denial of unemployment benefits.
Theresa L. Trensey and Louis L. Roth, Sr. v. Garland D. Anderson, M.D., Parkview Medical Group, and Unnamed Hospital, Inc. d/b/a Unnamed Hospital (NFP)
02A05-1104-CT-222
Civil tort. Affirms summary judgment in favor of Dr. Anderson, Parkview Medical Group and the unnamed hospital on the parents’ complaint for damages alleging medical malpractice.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Dec. 15, 2011
7th Circuit Court of Appeals
Adrianna Brown, et al. v. Columbia Sussex Corp., et al.
10-3849
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Civil. Affirms dismissal of 53 of the 224 plaintiffs who had their civil rights and breach of contract claims dismissed because they continually missed both formal and informal deadlines. Holds that, in the context of a multi-party or multi-claim suit, a premature notice of appeal from the dismissal of a party or claim will ripen upon the entry of a belated Rule 54(b) judgment under Rule 4(a)(2) and FirsTier. The District Court was within its discretion to find that the appellants acted willfully, in bad faith, or with fault.
Justices rule man not disenfranchised under the Infamous Crimes Clause
The Indiana Supreme Court hesitantly answered Thursday a certified question from the federal court as to whether misdemeanor battery is an “infamous crime” under Article II, Section 8 of the Indiana Constitution.
IJA honors colleague and journalist
An Allen Superior judge and a Louisville journalist received the Community Relations Committee awards this year from the Indiana Judges Association.
7th Circuit affirms dismissal of plaintiffs
Before the 7th Circuit Court of Appeals could rule on the dismissal of multiple plaintiffs from a civil rights and breach of contract lawsuit, the appellate court had to determine if it had jurisdiction to rule on the plaintiffs’ appeal.
Opinions Dec. 14, 2011 ILD
Indiana Court of Appeals
The Jefferson County Board of Zoning Appeals v. Harry and Eva Elburg (NFP)
39A01-1012-CC-664
Civil collection. Reverses denial of the board of zoning appeals’ motion to dismiss the Elburgs’ petition for writ of certiorari as it related to a conditional use and affirms the denial of the BZA’s motion to dismiss the Elburgs’ petition for writ of certiorari with regard to the variance issue. Remands for further proceedings.
Lawrence Ray Holley II v. State of Indiana (NFP)
79A02-1005-PC-652
Post conviction. Grants rehearing to expand upon the mailbox rule and affirms original decision to affirm the denial of Holley’s petition for post-conviction relief.
Douglas Norman and Theresa Norman v. State of Indiana (NFP)
15A01-1102-CR-74
Criminal. Affirms the Normans’ convictions of Class D felony money laundering as well as Doug’s convictions of Class C felony corrupt business influence, Class C felony forgery and Class A misdemeanor intimidation.
Quintin D. Holmes v. State of Indiana (NFP)
02A03-1104-CR-161
Criminal. Affirms convictions of and sentence for Class A felony dealing in cocaine, Class A misdemeanor resisting law enforcement and Class A misdemeanor possession of marijuana.
Alvareze Isom v. State of Indiana (NFP)
18A04-1106-CR-316
Criminal. Affirms sentence following guilty plea to Class C felony robbery.
Darrell Stephens v. State of Indiana (NFP)
30A04-1105-PC-232
Post conviction. Affirms denial of petition for post-conviction relief.
Clark County Board of Aviation Commissioners v. Margaret A. Dreyer (NFP)
10A01-1012-PL-659
Civil plenary. Affirms order by Clark Circuit Court that the aviation board pay Dreyer $865,000 in compensation for land that was taken by the board through the use of eminent domain.
Maria J. Villarreal v. State of Indiana (NFP)
57A05-1104-CR-209
Criminal. Affirms sentence for Class C felony forgery.
The Indiana Supreme Court and Indiana Court of Appeals had posted no opinions at IL deadline.