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Federal Civil Practice Update Dec. 17

Indiana Lawyer sponsors the annual Federal Civil Practice Update for the Southern District of Indiana: Practical Tips from the Bench and the Bar CLE event on Dec. 17. Among the speakers will be event chair and moderator John Maley of Barnes & Thornburg, as well as Chief Judge Richard Young, Judge Tanya Walton Pratt, and Magistrate Judge Debra McVicker Lynch, all from the U.S. District Court, Southern District of Indiana. Registration begins at 1 p.m.; the program runs from 1:30 to 4:45 p.m. at Barnes & Thornburg, 5th Floor Conference Center, 11 S. Meridian St., Indianapolis. Attendees are invited to a reception following the program. Cost is $99, and three hours of CLE and New Lawyer credit is available. Click here to register online or to download a printable registration form. For questions or more information, contact Karen Aruta at (317) 472-5201 or [email protected]. Registrations are due by Dec. 15.

7th Circuit order changes wording in public-records opinion

In an order dated Wednesday and posted on the website for the 7th Circuit Court of Appeals today, a Nov. 29 opinion from that court was amended following a motion filed by the defendants on Dec. 2 to delete a reference to the defendants as “silly” and “unprofessional.”

Opinions Dec. 9, 2010 ILD

The following opinion was posted after IL deadline:
Indiana Supreme Court
Dannie Ray Runyon v. State of Indiana
57S04-1006-CR-317
Criminal. Affirms revocation of probation for failure to pay child support. The state has the burden to prove that a probationer violated a term of probation and that, if the term involved a payment requirement, the failure to pay was reckless, knowing, or intentional. The defendant probationer has the burden to show facts related to an inability to pay and indicating sufficient bona fide efforts to pay to persuade the trial court that further imprisonment shouldn’t be ordered. Justice Sullivan dissents.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Cavin E. Pogue v. State of Indiana
49A02-1001-CR-37
Criminal. Reverses conviction of Class A misdemeanor criminal trespass because Pogue had a limited contractual interest that gave him the right to be on the property in question at the time of his arrest. Affirms conviction of Class A misdemeanor resisting law enforcement because his failure to drop a box cutter following a demand to do so by police amounts to the forcible obstruction of the law enforcement officer’s lawful execution of his duties.

Brenda Truedell-Bell v. Marion County Treasurer and Auditor
49A04-1003-MI-215
Miscellaneous. Affirms denial of petition for preliminary injunction to remove Truedell-Bell’s property from the property tax sale pending the outcome of her appeal for property tax reassessment. Truedell-Bell did not follow the proper administrative tax appeal procedure to have her property removed from the tax sale.

Lashann Montez Winfield v. State of Indiana (NFP)
46A03-0909-CR-413
Criminal. Affirms conviction of Class D felony failure to register as sex offender.

James A. Bridges v. State of Indiana (NFP)
49A02-1003-CR-373
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated.

Phyllis A. Merriweather v. State of Indiana (NFP)
49A02-1005-CR-478
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.

Purcell Turner, Jr. v. State of Indiana (NFP)
71A03-1004-CR-217
Criminal. Affirms conviction of Class C felony burglary.

Donald Lee Smith v. State of Indiana (NFP)
16A05-1006-CR-360
Criminal. Affirms revocation of probation before the probationary period began and before he had been to his intake interview or signed the conditions of probation.

Felecia M. Rorer v. State of Indiana (NFP)
02A05-1005-CR-293
Criminal. Affirms sentence for Class C felony battery.

David M. Burks-Bey v. Tippecanoe County Jail, et al. (NFP)
79A05-1004-MI-225
Miscellaneous. Reverses dismissal of Burks-Bey’s suit claiming the jail and others denied him access to prepare his pro se criminal defense. Remands for the trial court to conduct a hearing on whether the complaint should be dismissed.

In the Matter of B.D., Alleged to be CHINS; S.D. v. IDCS (NFP)
49A02-1005-JC-630
Juvenile. Affirms order finding that reasonable efforts to reunify the mother and her child aren’t required and the order changing the permanency plan for B.D. from reunification to adoption.

Kimberly Covey v. Steven Covey (NFP)
55A05-1004-DR-298
Domestic relation. Dismisses appeal of order dissolving marriage.

Tyson D. Warner v. State of Indiana (NFP)
48A02-1005-CR-548
Criminal. Affirms denial of motion to compel the production of two pieces of evidence Warner alleges were used against him at his probation-revocation hearing.

Jean Lukes v. Lisa A. Moore (NFP)
48A02-0909-CV-837
Civil. Affirms small-claims judgment in favor of Moore in an action against Lukes arising from home improvements performed by Moore.

Carlos M. Drane v. State of Indiana (NFP)
49A02-0912-CR-1251
Criminal. Affirms conviction of murder.

Troy Flanagan v. State of Indiana (NFP)
49A02-0910-CR-963
Criminal. Affirms convictions of corrupt business influence and three counts of attempting to receive stolen property.

Shanta Vance v. State of Indiana (NFP)
48A04-1002-CR-321
Criminal. Affirms revocation of probation.

Susan Kirk v. Aaron Kirk (NFP)
52A02-1005-DR-594
Domestic relation. Affirms the trial court did not abuse its discretion in denying Susan’s request for a continuance and that the trial judge did not err in not recusing himself during the final hearing. Affirms that the trial court did not err in excluding an alleged debt from the marital property or abuse its discretion in valuing and dividing that marital property.

Term. of Parent-Child Rel. of A.C., et al.; T.C. and J.C. v. I.D.C.S. and Lake County CASA (NFP)
45A04-1004-JT-283
Juvenile. Affirms termination of parental rights.

Lewis Jerome McNeary v. State of Indiana (NFP)
18A02-1005-CR-580
Criminal. Affirms sentence following guilty plea to Class C felony reckless homicide.

James K. Bohannon v. State of Indiana (NFP)
40A01-1004-CR-190
Criminal. Affirms conviction of Class B felony arson.

Indiana Tax Court had posted no opinions at IL deadline.
 

COA divided on dismissal of OWI charges

The Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed because the charging information didn’t let the man know what vehicle he needed to defend against operating.

Justices split on imprisonment for violating probation

The state must prove a probationer accused of violating a term involving a payment by not paying did it recklessly, knowingly or intentionally. The burden is on the probationer to show an inability to pay, the Indiana Supreme Court decided in an opinion handed down Wednesday afternoon.

Appellate court to hear arguments in Fishers

The Indiana Court of Appeals hits the road Friday to visit Hamilton Southeastern High School in Fishers for oral arguments in an interlocutory appeal involving the denial of a motion to suppress.

Judge: not all farm expenses are tax deductible

A probate court incorrectly allowed an estate to deduct three farm-related expenses from its inheritance tax return, but affirmed the deduction of the remaining nine in question, the Indiana Tax Court ruled Tuesday.

Appellate court rules traffic stop legal

A police officer had reasonable suspicion to stop the car of a man who parked illegally in a handicapped spot after the car made it on to the street, ruled the Indiana Court of Appeals.

Opinions Dec. 8, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Phillip Forman v. Wayne Penn, et al.
33A01-1007-CT-343
Civil tort. Dismisses appeal because it isn’t certified for interlocutory appeal or authorized as an appeal from a final judgment pursuant to Ind. Trial Rule 54(B).

Kerry Reinhart v. Kelli Reinhart
36A01-1006-DR-276
Domestic relation. Affirms order denying Kerry’s motion to modify child support ordered pursuant to a decree dissolving the Reinharts’ marriage. Because Kerry agreed to a support amount in excess of the guideline amount, he is estopped to rely on that differential under I.C. Section 31-16-8-1(2) as the sole ground for modifying child support. He may petition to modify child support if he can show a substantial and continuing change in circumstances as to warrant modification.

Andre Goodman v. State of Indiana (NFP)
49A02-1004-CR-402
Criminal. Affirms convictions of Class D felony criminal recklessness; Class A misdemeanors interference with the reporting of a crime, possession of paraphernalia, and resisting law enforcement; and the finding Goodman is a habitual offender.

Dillion Yakym v. State of Indiana (NFP)
71A04-1005-CR-347
Criminal. Affirms sentence for Class A felony rape and remands for the imposition of consecutive sentences.

Tamra A. Thompson v. Duane Thompson (NFP)
64A03-1003-DR-240
Domestic relation. Affirms decree dissolving marriage.

Paul Fox v. State of Indiana (NFP)
49A05-1003-CR-193
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Steven Brown v. State of Indiana (NFP)
49A02-1002-CR-206
Criminal. Affirms admission of evidence relating to a statement Brown made to police in which he admitted robbing the gas station in question. Reverses one conviction of Class B felony robbery and remands for it to be vacated. Affirms convictions of Class B felony robbery, two counts of Class B felony criminal confinement, and Class C felony carrying a handgun without a license.

George Feltner, Jr. v. State of Indiana (NFP)
17A04-1005-CR-293
Criminal. Affirms conviction of and sentence for Class A felony child molesting.

J.R. v. Review Board (NFP)
93A02-1006-EX-606
Civil. Affirms denial of petition for unemployment benefits.

David A. Terry v. State of Indiana (NFP)
33A05-1004-CR-305
Criminal. Affirms convictions of three counts of Class A felony dealing in a schedule II controlled substance, Class D felony maintaining a common nuisance, and two counts of Class C felony possession of a schedule II controlled substance. Revises sentence and remands for re-sentencing.

Robert Anthony Solomon v. State of Indiana (NFP)
48A02-1005-CR-587
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine; Class D felonies maintaining a common nuisance and resisting law enforcement; and Class A misdemeanors possession of marijuana and carrying a handgun without a license.

Kurtis Reynolds v. State of Indiana (NFP)
49A04-1004-CR-224
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Merle Hawkins v. State of Indiana (NFP)
49A05-1005-CR-279
Criminal. Affirms convictions of Class D felony possession of paraphernalia and Class C misdemeanor panhandling.

Dmitriy V. Sklyarov v. State of Indiana (NFP)
18A04-1004-CR-228
Criminal. Affirms convictions of and sentence for Class B felony robbery and Class D felony pointing a firearm at another person.

In the Matter of B.J.N., Alleged to be CHINS; K.S. and R.S. v. Allen County DCS (NFP)
02A05-1005-JC-383
Juvenile. Affirms denial of a motion to correct error following denial of the parents’ motion to intervene and motion to deny change of placement of B.J.N.

Brandi Terry v. Damien Terry (NFP)
41A01-1009-DR-437
Domestic relation. Affirms order finding Brandi in contempt for denying Damien extended parenting time for the summer and the opportunity for additional parenting time pursuant to the right of first refusal.

The Indiana Tax Court had posted no opinions at IL deadline.

COA: student loan funds exempt from garnishment

The Court of Appeals today found that student loan funds that had been deposited in a personal account were exempt when it came to whether those funds could be taken from a defendant’s bank account to satisfy a judgment regarding legal fees the defendant owed to the plaintiff.

Court reverses because of DCS notification policy

The Indiana Court of Appeals has reversed the parental right termination decision made by a trial court, ruling that both the court and Indiana Department of Child Services in Porter County denied a biological father his due process by not notifying him of CHINS proceedings that ultimately led to his paternal rights being taken away.

Job fair connects diverse students to jobs

To help a diverse group of 2L students find summer employment in central Indiana, and to help Indianapolis-area employers connect with diverse, qualified students looking for summer associate positions, the Indianapolis Bar Association hosted its third diversity job fair at a downtown Indianapolis hotel in August.

Judges uphold denying visitation to ex-partner

The Indiana Court of Appeals ruled today that lawmakers didn’t intend to allow parents to establish joint custody with third parties under Indiana Code Section 31-17-2-3 by simply filing a joint petition with a trial court. Doing so would allow parents and third parties to circumvent the requirements of the Adoption Act.

Opinions Dec. 7, 2010 ILD

The following opinion was posted after yesterday’s deadline:

Indiana Tax Court
Shelby County Assessor v. Shelby’s Landing-II, LP (NFP)
49T10-1004-TA-17
Tax. Affirms the final determination of the Indiana Board of Tax Review that valued Shelby’s Landing – II LP’s two apartment complexes at $3,742,500 for the 2006 tax year (the year at issue). At issue was whether the Indiana Board’s final determination was arbitrary and capricious or not supported by substantial evidence.

Today’s opinions

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Donald E. Williams v. State of Indiana
49A05-1004-CR-224
Criminal. Affirms revocation of placement in home detention. Williams raised one issue: whether the trial court abused its discretion by admitting a urinalysis report and a home detention monitoring report into evidence.

Paul Schulz v. Karen Spoor (NFP)
64A03-1005-PO-316
Protective order. Affirms order of protection against Schulz that Spoor filed against him.

Brian K. Ruby v. State of Indiana (NFP)
34A02-1007-CR-730
Criminal. Affirms convictions of Class A felony dealing methamphetamine, Class A felony dealing cocaine, Class B felony dealing a schedule III controlled substance, Class C felony dealing in a schedule IV controlled substance, and Class A misdemeanor possession of marijuana.

Billy J. Lemond v. Allan Finnan, et al. (NFP)
48A02-1005-SC-595
Small claims. Reverses and remands small claims court’s dismissal of Lemond’s claim against the Pendleton Correctional Facility. The appellate court concluded Lemond had a sufficient claim against PCF, but not the individual employees.

Erica Williams-Darden v. State of Indiana (NFP)
71A03-1005-CR-268
Criminal. Affirms sentence imposed after Williams-Darden pleaded guilty to theft, a class D felony; and battery, a class B misdemeanor.

State of Indiana Department of Family Services, et al. v. J.D., et al. (NFP)
82A04-1006-CT-364
Civil tort. Reverses and remands trial court’s order denying Vanderburgh County Prosecutor’s Office’s motion to set aside the default judgment entered in favor of the appellees-plaintiffs on the appellees’ complaint against VCPO and other defendants. Concludes VCPO met its burden under Trial Rule 60.

Scott R. Jones v. State of Indiana (NFP)
48A02-1006-PC-668
Post-conviction. Affirms post-conviction court’s denial of petition for post-conviction relief.

Christopher Edwards v. State of Indiana (NFP)
27A02-1002-CR-138
Criminal. Affirms convictions of Class B felony causing death while operating a motor vehicle with an alcohol concentration equivalent greater than 0.08 and Class B felony causing death while operating a motor vehicle with cocaine in the blood.

Jose Caballero v. State of Indiana (NFP)
49A02-1003-CR-367
Criminal. Affirms convictions of Class B felony criminal confinement, Class C felony battery, and Class A misdemeanor battery.

Carol Long-Switalski v. Wendeline Switalski (NFP)
71A05-1004-CC-270
Civil. Reverses and remands for recalculation of Wendeline’s damages to exclude charges from restaurants, gas stations, and convenience stores, which he authorized Carol to make on his credit card.

Ronald Cox v. State of Indiana (NFP)
49A02-1005-CR-494
Criminal. Affirms conviction of Class C felony prisoner possessing dangerous device or material.

Rick J. Deeter v. Haynes International, Inc. (NFP)
34A02-1004-PL-395
Civil. Affirms trial court’s order granting the motion to dismiss filed by Haynes International, Inc.

Emilio Mitchell v. State of Indiana (NFP)
49A02-1005-CR-480
Criminal. Affirms conviction of resisting law enforcement, a Class D felony.

Elbert Wright v. State of Indiana (NFP)
49A02-1004-CR-440
Criminal. Affirms conviction of operating a vehicle while intoxicated, a Class D felony.

Jeffrey Leonard McCrory v. State of Indiana (NFP)
48A05-1003-CR-177
Criminal. Affirms convictions of and sentence for burglary, a Class B felony; and theft, a Class D felony.

Porter County Board of Zoning Appeals v. Lamar Advertising Northwest Indiana (NFP)
64A04-1003-PL-186
Civil. Affirms trial court’s approval of an improvement location permit sought by Lamar Advertising Northwest Indiana.

Keith Billingsley v. State of Indiana (NFP)
49A05-1003-PC-207
Post-conviction. Affirms denial of petition for post-conviction relief.

Charles J. Gooch v. State of Indiana (NFP)
49A02-1004-CR-382
Criminal. Affirms conviction of dealing in a controlled substance, a Class B felony.

Indiana Tax Court posted no opinions before IL deadline.
 

Opinions Dec. 7, 2010

Indiana Court of Appeals
M.S. v. C.S.
03A01-1003-DR-140
Domestic relation. Affirms trial court’s order to vacate a previous order granting M.S. joint legal custody of and parenting time with S.S., a child born to C.S., M.S.’s former domestic partner of more than 10 years. M.S. appealed and raised three issues: whether the trial court erred in vacating its prior custody and visitation order; whether the trial court abused its discretion by modifying custody of S.S. without a petition to modify or a showing of a substantial change in circumstances; and whether the trial court abused its discretion in denying M.S. parenting time.

Free CLE offered for pro bono volunteers

Bar associations and pro bono districts are working together to encourage attorneys to sign up to participate in the annual statewide Talk to a Lawyer Today event taking place Jan. 17, 2011. Free CLE, which is offered in December and January to lawyers who volunteer their time with TTALT but is not required to participate in the event, is a video replay of a CLE that originally took place in Indianapolis in October.