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Opinions Sept. 8, 2011

Indiana Court of Appeals
Cathy Minix, et al. v. Sheriff Frank Canarecci, Jr., et al.
71A04-1009-CT-591
Civil tort. Reverses summary judgment in favor of Canarecci on Minix’s wrongful death claim and affirms denial of the medical providers’ motion for summary judgment in Minix’s wrongful death claim and medical malpractice claim. Minix’s Child Wrongful Death Statute claim against the sheriff isn’t barred by the doctrine of res judicata, and an award of damages on both the federal and state claims at issue won’t result in double recovery.

Civic health study results available Sept. 14

The Indiana Supreme Court announced Thursday that the results of the first-ever Indiana Civic Health Index will be released Sept. 14. The study release is in conjunction with an advanced screening of the movie “We the People,” which chronicles America’s history and its founding documents.

Judges: State-law claims can proceed

The Indiana Court of Appeals has allowed a woman’s state claim against a sheriff following the suicide of her son in jail to go forward even though she previously had accepted an offer of judgment in District Court on a federal claim.

Criminal code study group meets Friday

The Criminal Code Evaluation Commission will have its fifth meeting Friday. According to the meeting agenda, Rep. Ralph Foley, R-Martinsville, will give a presentation on unspecified data and Deborah Daniels will give a presentation on penalties for sex offenders.

Opinions Sept. 7, 2011 ILD

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

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Christopher A. Andrews v. Sara L. Ivie
55A01-1103-PO-110
Protective order. Affirms issuance of a protective order in favor of Ivie. Andrews engaged in a knowing or an intentional course of conduct involving repeated or continuing harassment of Ivie that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened.

State of Indiana v. David G. Bruno, Jr. (NFP)
18A05-1102-CR-55
Criminal. Affirms grant of Bruno’s motion to suppress evidence.

Rodney G. Cooper v. State of Indiana (NFP)
82A01-1102-CR-48
Criminal. Affirms conviction of Class D felony possession of methamphetamine.

Celina Insurance Company v. Indianapolis Roofing and Sheet, et al. (NFP)
49A02-1103-CT-196
Civil tort. Affirms order granting the cross-motions for summary judgment of Indianapolis Roofing and Sheet Metal Corp., Nazareth Building Services, and CE & M Inc., and denying Celina Insurance Co.’s motion for partial summary judgment in its subrogation action against them.

Shane William Kervin v. State of Indiana (NFP)
79A04-1008-CR-474
Criminal. Affirms conviction of Class A felony dealing in cocaine.

David Malone v. State of Indiana (NFP)
49A02-1010-CR-1226
Criminal. Affirms conviction of Class D felony intimidation.

K.T. v. Review Board, and F.C.I. (NFP)
93A02-1101-EX-75
Agency appeal. Reverses decision by the Review Board of the Indiana Department of Workforce Development affirming the administrative law judge’s conclusion that K.T. left his employment without good cause and is therefore ineligible for unemployment benefits. Remands for further proceedings.

Joseph M. Campbell v. State of Indiana (NFP)
85A04-1103-CR-126
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.

Joseph Dontaus Banks v. State of Indiana (NFP)
73A01-1010-CR-547
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class D felony criminal recklessness. Remands with instructions to vacate Banks’ conviction of Class B misdemeanor reckless driving.

Term. of Parent-Child Rel. of C.E.B., K.H.B., Jr., and M.R.B.; C.M.B. v. IDCS (NFP)
02A03-1012-JT-665
Juvenile. Affirms involuntary termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.

Opinions Sept. 7, 2011

Indiana Court of Appeals
Christopher A. Andrews v. Sara L. Ivie
55A01-1103-PO-110
Protective order. Affirms issuance of a protective order in favor of Ivie. Andrews engaged in a knowing or an intentional course of conduct involving repeated or continuing harassment of Ivie that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened.

Judge dismisses challenge to NCAA bylaws

Two former NCAA athletes whose scholarships were revoked following injuries have lost their suit that argued without certain NCAA Division I bylaws, they would have received multi-year athletic scholarships that would have covered the cost of their bachelor’s degrees.

Summary judgment inappropriate in slip-and-fall case

The Indiana Court of Appeals stopped short Wednesday of saying in a negligence suit involving a slip and fall that under any circumstance a home detention officer visiting a detainee at his place of employment is a business visitor.

Indianapolis to host health law compliance conference

Indiana University School of Law-Indianapolis has planned its inaugural Biomedical and Health Industry Law Compliance Conference for Sept. 21. The keynote speaker is Joyce R. Branda, director of the Fraud Section of the U.S. Department of Justice’s Commercial Litigation Branch.

Magistrate judge’s investiture ceremony Thursday

The formal swearing-in ceremony for Magistrate Judge Denise K. LaRue of the U.S. District Court, Southern District of Indiana, is at 2 p.m. Sept. 8 in Courtroom 202 of the Birch Bayh Federal Building and United States Courthouse in Indianapolis. The event is open to the public.

Opinions Sept. 6, 2011 ILD

7th Circuit Court of Appeals
Jeffrey William Paul v. Helen J. Marberry, et al.
10-3670
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses District Court’s denial of Paul’s motion to be allowed to proceed in forma pauperis on the grounds that he had three strikes and remands for further proceedings. Since most prisoners litigate their civil claims pro se, they should not be required to speculate on the grounds the judge could or even should have based the dismissal on. Classifying a strike depends on the grounds given for it.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Clarence T. Hawkins James v. State of Indiana
20A05-1101-CR-61
Criminal. Affirms convictions of Class B felony conspiracy to commit armed robbery, Class B felony burglary, and Class C felony robbery while armed with a deadly weapon. The charges against James were not only alleged as separate and distinct acts; the charges as alleged were proved by separate and distinct evidentiary facts. There is no reasonable possibility the jury relied on the same evidentiary facts to find him guilty of conspiracy to commit armed robbery and robbery while armed with a deadly weapon. The trial court did not err in instructing the jury.

L.R. v. State of Indiana (NFP)
49A05-1101-JV-25
Juvenile. Affirms denial of motion to vacate and set aside juvenile delinquency adjudications.

Keland L. Brown v. State of Indiana (NFP)
34A02-1010-MI-1145
Miscellaneous. Reverses denial of motion to set aside default judgment and remands for the trial court to vacate the entry of default judgment and for further proceedings.

Torin Herbert v. State of Indiana (NFP)
79A02-1010-PC-1080
Post conviction. Affirms denial of petition for post-conviction relief.

Keytron W. Johnson v. Sate of Indiana (NFP)
02A04-1101-PC-45
Post conviction. Affirms denial of motion to correct erroneous sentence.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court has granted three transfers and denied 28 for the week ending Sept. 2.

Opinions Sept. 6, 2011

7th Circuit Court of Appeals
Jeffrey William Paul v. Helen J. Marberry, et al.
10-3670
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses District Court’s denial of Paul’s motion to be allowed to proceed in forma pauperis on the grounds that he had three strikes and remands for further proceedings. Since most prisoners litigate their civil claims pro se, they should not be required to speculate on the grounds the judge could or even should have based the dismissal on. Classifying a strike depends on the grounds given for it.

Justices take 3 cases

The Indiana Supreme Court has granted transfer to three cases, including one that led to a split in the lower appellate court in a child support case.

Judges uphold contempt order against attorney

A Morgan Circuit judge had jurisdiction to order a Unionville attorney to pay $75,000 to the county clerk after finding the attorney in contempt, the Indiana Court of Appeals ruled Tuesday.

Retired U.S. magistrate judge dies

A Marion County attorney who later served as judge of the Circuit Court and as a United States Magistrate Judge died Sept. 1.

IndyBar offers scholarships for symposium

The Indianapolis Bar Association Women & the Law Division is offering several scholarships for its “Women, Law & Leadership” symposium, Oct. 5 and 6 at Crowne Plaza Indianapolis Downtown at Historic Union Station. Scholarship applications are due by Sept. 9.

First Wednesday to discuss bullying

The American Civil Liberties Union of Indiana’s First Wednesday discussion panel on Sept. 7 will tackle the issue of bullying.

Maurer law school to host IP colloquium

Beginning Thursday, five distinguished scholars from around the world will share their work during the Center for Intellectual Property Research IP Colloquium at Indiana University Maurer School of Law in Bloomington.

Opinions Sept. 2, 2011 ILD

7th Circuit Court of Appeals
United States of America v. Jake Richardson III
11-1205
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio.
Criminal. Richardson has not shown that the District Court erred by admitting the physical evidence found on him after a traffic stop or by admitting evidence of the statements Richardson volunteered to police.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Kirby D. Edwards v. State of Indiana
18A02-1102-CR-118
Criminal. Affirms determination that Edwards is a sexually violent predator. The trial court, after weighing the doctors’ reports and testimony, considering the presentence investigation report, and finding that Edwards also had a lack of remorse, did not abuse its discretion in determining he should be classified as a SVP. Also, Ind. Code 35-38-1-7.5(e) does not require that the doctors who evaluate a defendant conduct the evaluations separately.  

Anthony Wheeler v. State of Indiana (NFP)
49A02-1101-PC-22
Post conviction. Affirms denial of petition for post-conviction relief.

Anthony W. Dalton v. State of Indiana (NFP)
20A03-1101-CR-26
Criminal. Affirms sentence following guilty plea to Class C felony battery and Class B misdemeanor public intoxication.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Sept. 2, 2011

7th Circuit Court of Appeals
Gary Williams and Nancy Meehan v. Rohm and Haas Pension Plan
10-1978, 10-2175, 10-3713
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Sarah Evans Barker.
Civil. Affirms $180 million settlement and approval of $43.5 million in attorney fees. The District Court adequately addressed the expected value of the early retirees’ claims. The District Court did not abuse its discretion by not creating a separately represented subclass of early retirees. The 7th Circuit sees no reason to disturb the District Court’s assessment of attorney fees.