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Opinions June 10, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Liberty Country Club v. Landowners of Country Club Estates Housing Development
81A01-1007-MI-364
Miscellaneous. Affirms summary judgment in favor of the landowners of the housing development, concluding that under the terms of the covenant, Liberty is required to provide potable water to the homeowners in the development.

D.D. v. State of Indiana (NFP)
49A02-1010-JV-1201
Juvenile. Affirms adjudication of D.D. to be a delinquent child based on true findings for one count of aiding, inducing, or causing rape, and one count of criminal confinement.

Wells Fargo Bank, N.A. v. Reed Hodges, et al. (NFP)
55A01-1007-MF-334
Mortgage foreclosure. Reverses order dismissing Swafford from the bank’s complaint to foreclose on a mortgage executed in favor of the bank’s assignor by Reed and Angelia Hodges. Remands for further proceedings.

Martha Tichenor v. Dana Dodson (NFP)
41A04-1010-PO-667
Protective order. Affirms grant of civil protection order against Tichenor.

Harold L. Tice Jr. v. State of Indiana (NFP)
15A01-1010-CR-518
Criminal. Affirms convictions of sexual misconduct with a minor as a Class C felony and contributing to the delinquency of a minor as a Class A misdemeanor.

Walter L. Walker v. State of Indiana (NFP)
49A05-1010-CR-691
Criminal. Affirms conviction of Class D felony pointing a firearm.

Matthew Fearnow v. State of Indiana (NFP)
20A03-1010-CR-552
Criminal. Reverses denial of request for permission to file a belated notice of appeal. Remands for further proceedings.

Leland Stephens v. State of Indiana (NFP)
18A05-1011-CR-679
Criminal. Affirms sentence for Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.
 

COA reverses judgment for apartment manager in negligence case

In ruling on a slip-and-fall case involving injury occurring in an apartment complex parking lot during the winter, the Indiana Court of Appeals noted that there are not any Indiana cases with an identical fact pattern, so they looked to a similar Missouri case for guidance.

Bankruptcy judge reappointed to 14-year term

The 7th Circuit Court of Appeals has reappointed Bankruptcy Judge Anthony J. Metz III in the U.S. District Court’s Southern District of Indiana to another 14-year term when his current term ends Nov. 14, 2011.

COA rules on public utility issues

The Indiana Court of Appeals affirmed in part and reversed in part the decision by the Indiana Utility Regulatory Commission finding United States Steel Corp. acted as a public utility when it delivered electricity and natural gas to another steel producer in northwestern Indiana.

Opinions June 9, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Brian Smith v. Brendonwood Common, Inc.
49A02-1006-PL-785
Civil plenary. Affirms summary judgment for Brendonwood Common Inc. in Smith’s complaint alleging Brendonwood had violated its bylaws. Smith had no standing to bring his claim.

Josh Gold, Mitch Gold and Andrea Gold v. Cedarview Management Corp.
53A04-1007-PL-451
Civil plenary. Affirms the $48,520.44 plus interest summary judgment for Cedarview Management Corp. The trial court did not err by considering the lease agreement when determining Josh Gold was personally liable as guarantor of the lease for the payment of the settlement agreement; or by including the nonpayment of December 2008 rent in the amount owed for unpaid lease obligations outside the settlement agreement. Cedarview’s re-entry of the premises in February 2009 was not a breach of the lease.

Patrick J. Trainor v. State of Indiana
71A03-1010-CR-561
Criminal. Affirms convictions of and sentence for five counts of Class D felony counterfeiting. The state presented sufficient evidence to support the convictions and under the facts and circumstances of the case, Trainor’s aggregate sentence of seven and one-half years, suspended subject to five years probation, is appropriate.

Ronald Williams v. State of Indiana (NFP)
49A02-1011-CR-1209
Criminal. Affirms murder conviction.

Term. of Parent-Child Rel. of B.M. and S.M.; J.B. v. IDCS (NFP)
28A01-1101-JT-18
Juvenile. Affirms involuntary termination of parental rights.

Asset Acceptance LLC v. Phillip Metz (NFP)
17A05-1011-CC-729
Civil corrections. Reverses order releasing the judgment as paid in full by the debtor and remands for further opinions.

Paternity of J.T.L.; J.D. v. L.L. (NFP)
45A04-1004-JP-287
Juvenile. Affirms denial of father’s motion to vacate, motion for change in magistrate, and motion for contempt and sanctions against the attorney who represented the mother.

Atashia Poe v. State of Indiana (NFP)
35A02-1008-CR-966
Criminal. Affirms sentence for Class A misdemeanor driving while suspended with a prior conviction.

William Lawhorn v. State of Indiana (NFP)
05A04-1009-CR-725
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.

Rodney Simmons v. State of Indiana (NFP)
82A05-1006-CR-353
Criminal. Affirms sentence for Class C felony stalking.

Term. of Parent-Child Rel. of A.C., et al.; S.F. v. I.D.C.S. (NFP)
82A01-1010-JT-578
Juvenile. Affirms involuntary termination of parental rights.

William D. Harmon, Jr. v. State of Indiana (NFP)
79A05-1007-CR-473
Criminal. Vacates convictions of possession of a narcotic drug and for possession of cocaine, Counts IV, VI, VIII, and X. Vacates conviction of Count I, conspiracy to commit dealing in a narcotic drug.  Affirms habitual offender conviction and remands for the trial court to attach the habitual offender enhancement to a single conviction. Affirms admittance of evidence of Harmon’s prior conviction.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions June 9, 2011

7th Circuit Court of Appeals
Harriett Ellis, et al. v. CCA of Tennessee LLC d/b/a Corrections Corporation of America
10-2768
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms summary judgment in favor of CCA of Tennessee on the former jail nurses’ claims of racial discrimination, hostile work environment, and violations of the state whistleblower law. Although the District Court correctly determined there was no genuine issue of material fact related to the plaintiffs’ legal claims, the District Court erred with respect to its claim preclusion ruling. That was a harmless error.

7th Circuit affirms ruling against former jail nurses

In a discrimination and hostile work environment case, the 7th Circuit Court of Appeals concluded for the first time that displays of confederate flags in the workplace may support a hostile work environment claim. However, the judges agreed with the District Court that several African-American nurses formerly employed by a Marion County jail could not support their legal claims.

Legislators file amicus brief asking for narrowed Barnes decision

Seventy-one Indiana legislators have signed an amicus curiae brief that asks the Indiana Supreme Court to narrow its recent decision that held Hoosiers have no right to resist unlawful police entry into their homes. The defendant’s attorney in the case has also asked for a rehearing.

SCOTUS rules on Indiana ‘crime of violence’ case

The nation’s highest court has upheld an Indianapolis federal judge’s ruling, finding that someone who flees from police in a vehicle is committing a “crime of violence” that justifies a longer sentence.

Man’s Sixth Amendment right not violated

The failure of a judge to inquire into a defendant’s written complaint about his public defender didn’t violate the defendant’s Sixth Amendment right to effective assistance of counsel, the Indiana Supreme Court held Wednesday. However, the justices explained if a trial judge finds him or herself in a situation similar to the one presented, that judge should at least receive assurances from the public defender’s office that the complaint has been adequately addressed.

Judges rule on legal malpractice action

The Indiana Court of Appeals concluded that a man has standing to pursue his legal malpractice action, although issues of material fact preclude him from summary judgment as to the attorney’s liability for malpractice.

Opinions June 8, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Donna Gibson v. G. David Bojrab, M.D., et al.
02A05-1008-CT-497
Civil tort. Affirms judgment in favor of Dr. Bojrab and Pain Management Associates PC on Gibson’s medical malpractice claim. To the extent the issue was properly preserved, Gibson didn’t establish that the trial court abused its discretion in excluding evidence of the medical review panel’s conclusion in an unrelated case against Bojrab.

Guideone Insurance Co., as Subrogee of Andrew Alexander and Michael Schafstall v. U.S. Water Systems, Inc., and Lowe's Home Centers, Inc.
49A05-1009-CT-569
Civil tort. Affirms grant of partial summary judgment to Lowe’s on the scope of liablity. Reverses summary judgment in favor of Guideone on the issue of liability because an issue of material fact remains. Reverses grant of U.S. Water’s motion to dismiss because the flood damage that resulted from the apparent failure of the water system resulted in physical damage to “other property,” a claim under which Guideone could potentially recover. Remands for further proceedings. Judge Baker dissents in part.

Michael K. Arthur v. State of Indiana
28A01-1008-CR-489
Criminal. Reverses order that denied Arthur eligibility for credit time while placed on home detention in a community corrections program. A reasonable construction of the statute, as amended and consistent with its purpose, finds that Arthur may earn credit time during his placement on home detention. Affirms modification of Arthur’s sentence.

Evelyn Garrard, by and through her Attorney-in-fact, Ronald D. Garrard v. Debra L. Teibel and Douglas Grimmer, and Debra Lindsay
45A04-1003-PL-229
Civil plenary. Affirms summary judgment in favor of Evelyn Garrard’s children, Debra Teibel and Douglas Grimmer, following their counterclaim and third-party complaint in Robert Garrard’s action against them for damages, seeking invalidation of Garrard’s power of attorney over Evelyn. The appellate court is unable to  discern Garrard’s basis for appeal.

Terri L. Mozingo v. Timothy Pursifull (NFP)
24A04-1011-DR-677
Domestic relation. Reverses child support entered in favor of Pursifull and remands with instructions.

Chad Byrd v. State of Indiana (NFP)
54A01-1101-CR-4
Criminal. Affirms sentence following guilty plea but mentally ill to murder.

Anthony Welkie v. State of Indiana (NFP)
64A04-1006-CR-443
Criminal. Affirms convictions of two counts of Class A felony child molesting and one count of Class C felony child molesting.

Tana Dulin v. Sun Mortgage Co., LLC a/k/a Sun Mortgage, LLC, and Wendy Creed (NFP)
29A04-1008-PL-482
Civil plenary. Affirms award of damages to Dulin in her successful suit against Sun Mortgage and Creed.

Troy L. McMurtry v. Sabrina L. McMurtry (NFP)
82A01-1008-DR-485
Domestic relation. Affirms order granting Sabrina McMurtry’s petition to modify the pre-existing parenting time schedule, calculating father’s child support obligation, and denying Troy McMurtry’s request for attorney fees.

Brandon Gifford v. State of Indiana (NFP)
29A05-1010-CR-707
Criminal. Affirms finding of being a habitual substance offender.

Thomas A. Smith v. State of Indiana (NFP)
38A04-1008-CR-478
Criminal. Affirms Smith’s sentence following a guilty plea to murder, but reverses the imposition of a $10,000 fine. Reverses sentence following a finding of Smith being in contempt of court. Remands for further proceedings.

Jeffrey Randolph v. State of Indiana (NFP)
48A02-1010-CR-1104
Criminal. Affirms sentence following guilty plea to Class D felony criminal recklessness, Class A misdemeanor resisting law enforcement, and Class B misdemeanor public intoxication.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions June 8, 2011

Indiana Supreme Court
Randy Edward Johnson v. State of Indiana
53S01-1106-CR-335
Criminal. Johnson failed to establish that his trial counsel was burdened by a conflict of interest sufficient to trigger the Sixth Amendment duty of inquiry under Holloway or Sullivan. Under similar circumstances, though, a judge should do more than simply pass a complaint by a defendant to the public defender’s office.