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Year-end rush for CLE set to begin
Bar associations and law firms prepare for the year-end CLE rush.
7th Circuit decides MDL appeal question
The 7th Circuit Court of Appeal wants each federal judge handling multi-district litigation to have the flexibility to choose between sending parts of unresolved cases back to the original courts or keep those in one jurisdiction, once a final district-level decision has been made and the time for appeal arrives.
COA affirms trial courts in truant kindergartner cases
The Indiana Court of Appeals has sided with the trial courts in two cases that have been consolidated in one appeal in determining that referral and attendance records for truant students were admissible at trial under the state’s business records exception.
Opinions Nov. 18, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
David Marks and Karen Marks v. Northern Indiana Public Service Company
45A05-1011-CT-675
Civil tort. On petition for rehearing, affirms original decision in all respects, holding that the semi-trailer from which David Marks fell was owned by a subcontractor of a general contractor, and therefore Northern Indiana Public Service Co. is not liable for the accident.
Jose J. Martinez v. State of Indiana (NFP)
20A03-1101-PC-139
Post conviction. Affirms denial of petition for post-conviction relief.
Becky Melton v. Michael Melton (NFP)
71A03-1105-DR-217
Domestic relation. Affirms trial court’s order denying in part and granting in part Becky Melton’s motion to correct error, holding the court did not abuse its discretion in its division of property.
Tracy D. Miller v. State of Indiana (NFP)
48A05-1102-CR-75
Criminal. Affirms aggregate sentence of 20 years for Class B felony armed robbery, Class D felony pointing a firearm and associated charges.
Becky Jayne Wells v. State of Indiana (NFP)
65A04-1012-CR-798
Criminal. Affirms convictions for Class A felony dealing in methamphetamine and Class C felony possession of methamphetamine.
Michael Ratliff v. State of Indiana (NFP)
45A03-1104-CR-127
Criminal. Affirms executed sentence for Class C felony possession of a controlled substance.
Patricia Abram v. State of Indiana (NFP)
49A04-1103-CR-122
Criminal. Affirms sentence for Class D felony theft.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Nov. 18, 2011
Indiana Court of Appeals
David Marks and Karen Marks v. Northern Indiana Public Service Company
45A05-1011-CT-675
Civil tort. On petition for rehearing, affirms original decision in all respects, holding that the semi-trailer from which David Marks fell was owned by a subcontractor of a general contractor, and therefore Northern Indiana Public Service Co. is not liable for the accident.
Hammond City judge gets 60-day unpaid suspension
The Indiana Supreme Court has ordered that Hammond City Court Judge Jeffrey A. Harkin be suspended for 60 days without pay.
Court won’t remove trial judge in Simon case
The Indiana Court of Appeals has dismissed an appeal filed by Melvin Simon’s widow, finding that it doesn’t have jurisdiction to remove a Hamilton Superior judge from the case involving the late mall-magnate’s estate valued at more than $2 billion.
Justices rule on applicable statute of limitations
The Indiana Supreme Court decided Thursday that the period within the general statute of limitations controls the limitation period when a medical provider may seek payment of outstanding bills for authorized treatment to an employer’s worker. The justices came to that conclusion after finding the Worker’s Compensation Act is silent on what the applicable limitation period is for this matter.
COA finds Army discipline does not exempt defendant from prosecution
The Indiana Court of Appeals has affirmed a trial court denial of a man’s motion to dismiss, rejecting his argument that being reprimanded by the United States Army precludes him from prosecution for the same offense.
Justices: court could impose only 1 juvenile commitment
The Indiana Supreme Court has issued an opinion affirming that a juvenile may not be sentenced to both a determinate and indeterminate commitment.
Opinions Nov. 17, 2011 ILD
7th Circuit Court of Appeals had issued no Indiana opinions as of IL deadline.
Indiana Court of Appeals
Jane Doe v. Roman Catholic Archdiocese of Indianapolis
49A02-1107-CT-595
Civil tort. Affirms trial court’s determination that the Roman Catholic Archdiocese of Indianapolis had no legal responsibility to continue paying for Jane Doe’s therapy costs, as the Archdiocese had been paying for counseling voluntarily.
Lindell Patterson v. State of Indiana
49A05-1102-CR-38
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana, holding that because an officer was able to discern during a pat-down search that Patterson had marijuana in his pocket, the evidence was admissible under the “plain feel” doctrine.
Shawn Brent v. State of Indiana
34A04-1105-CR-268
Criminal. Reverses conviction of Class A misdemeanor possession of marijuana, holding that because police officers did not find marijuana on Brent or see him discard it, no proof exists of actual possession. Reverses Class B misdemeanor visiting a common nuisance based on the state’s concession that it did not prove that claim.
Larry Michael Caraway v. State of Indiana
47A01-1104-CR-162
Criminal. Reverses 65-year sentence for murder, holding that the court abused its discretion when it failed to consider Caraway’s guilty plea as a mitigator. Remands to the court for resentencing consistent with opinion.
Cordell M. Wells v. State of Indiana (NFP)
84A04-1101-CR-32
Criminal. Affirms revocation of probation and trial court’s order that Wells serve two years of his previously suspended sentence.
Rissie M. Green v. Review Board of the Indiana Dept. of Workforce Development and Covenant Care Indiana (NFP)
93A02-1105-EX-421
Miscellaneous. Affirms decision by Indiana Department of Workforce Development Review Board affirming an administrative law judge’s decision to dismiss Green’s appeal.
Leroy G. Meahl v. Donna J. Meahl (NFP)
36A01-1104-DR-188
Domestic relation. Affirms trial court’s order dissolving marriage.
In Re the Marriage of: Mary K. (Butler) Weir v. Steven J. Butler (NFP)
02A05-1105-DR-287
Domestic relation. Affirms trial court’s decision in favor of Steven Butler, holding the court properly awarded child support credit for college expense payments.
Ralph Goodman v. State of Indiana (NFP)
49A02-1105-CR-435
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Nov. 17, 2011
Indiana Supreme Court
Indiana Spine Group, PC v. Pilot Travel Centers, LLC
93S02-1102-EX-90
Miscellaneous. Reverses decision by Worker’s Compensation Board dismissing as untimely Indiana Spine Group’s application for adjustment of claim. Holds that the Worker’s Compensation Act is silent on the question of the limitation period applicable to a medical provider’s claim seeking payment of outstanding bills for authorized treatment to an employer’s employee. Holds that the limitation period contained in the general statute of limitation controls. Remands for further proceedings consistent with opinion.
Terre Haute Odyssey demonstration
The Terre Haute City Court and clerk will demonstrate for the public the new Odyssey case management system at 2:30 p.m. Nov. 21 in Terre Haute City Court, City Hall, 17 Harding Ave. Indiana Supreme Court Justice Frank Sullivan, Jr. will join local court officials to answer questions about the system and show the public how it works.
Opinions, Nov. 16, 2011 ILD
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Green River Motel Management of Dale, LLC, et al. v. State of Indiana
74A05-1104-PL-169
Civil plenary. Affirms denial of Green River’s motion for summary judgment. A state action that merely alters the flow of traffic or causes access by a more circuitous route can’t give rise to a taking as a matter of law. Affirms on all other respects.
Daniel Stevenson v. State of Indiana (NFP)
49A05-1103-CR-124
Criminal. Affirms convictions of two counts of Class A felony child molesting and sexual misconduct with a minor as a Class B felony and a Class C felony.
M.J. v. State of Indiana (NFP)
49A02-1103-JV-329
Juvenile. Affirms dispositional order that found M.J. to be a juvenile delinquent and placed him on probation.
Roy M. Strong and Independent Associates, Inc. v. Bertha McKinster, individually and as Attorney in fact for Robert McKinster (NFP)
49A02-1010-PL-1167
Civil plenary. Affirms jury verdict awarding Bertha McKinster $643,200 in damages on her suit for conversion, securities fraud, racketeering, breach of fiduciary duty, constructive fraud, and negligence.
Willie Andrew Alsanders v. State of Indiana (NFP)
71A03-1104-CR-136
Criminal. Affirms conviction of Class C felony operating a motor vehicle after lifetime suspension of driving privileges.
Lewis R. Ross, Jr. v. State of Indiana (NFP)
84A04-1103-CR-172
Criminal. Affirms revocation of probation.
D.B. v. State of Indiana (NFP)
02A03-1103-JV-166
Juvenile. Affirms true finding that D.B. committed what would be Class C felony child molesting if committed by an adult.
Joseph D. Miller v. State of Indiana (NFP)
64A03-1105-CR-204
Criminal. Affirms conviction of and sentence for Class A felony child molesting.
Michael K. Boone v. State of Indiana (NFP)
45A04-1104-CR-187
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.
Gerald D. James v. State of Indiana (NFP)
88A05-1104-CR-250
Criminal. Affirms revocation of probation.
Justin B. Troxell v. State of Indiana (NFP)
48A02-1104-CR-352
Criminal. Affirms revocation of probation after Troxell was charged with attempted rape and conspiracy to commit rape.
Elvis A. Hall v. State of Indiana (NFP)
35A02-1106-CR-587
Criminal. Affirms sentence following guilty plea to Class D felon theft.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Nov. 16, 2011
Indiana Court of Appeals
Green River Motel Management of Dale, LLC, et al. v. State of Indiana
74A05-1104-PL-169
Civil plenary. Affirms denial of Green River’s motion for summary judgment. A state action that merely alters the flow of traffic or causes access by a more circuitous route can’t give rise to a taking as a matter of law. Affirms on all other respects.