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Court seeks ICLEO applicants

The Indiana Supreme Court posted a reminder on its website today that applications for the Indiana Conference for Legal Education Opportunity are due March 1 for the 2011 ICLEO summer institute that will take place at Notre Dame Law School from June 13 through July 22.

Longtime Bloomington law professor dies

An Indiana University Maurer School of Law professor who taught at the law school for more than 40 years died Wednesday. The law school announced Patrick L. Baude, the Ralph F. Fuchs Professor Emeritus of Law and Public Service at Indiana University Maurer School of Law died in his Bloomington home after a brief illness.

Federal judge certifies state question on misdemeanor voting

A federal judge in Indianapolis wants the Indiana Supreme Court to decide whether the term “infamous crime” as used in the state constitution applies to misdemeanors and can be used to keep those convicts from voting.

Opinions Jan. 27, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Tony E. Bennett v. State of Indiana (NFP)
25A03-1008-CR-422
Criminal. Affirms sentence following guilty plea to three counts of Class D felony theft.

Guadalupe Torres v. State of Indiana (NFP)
71A03-1007-CR-383
Criminal. Affirms convictions of murder and Class C felony assisting a criminal.

David P. Pollack v. State of Indiana (NFP)
49A02-1006-CR-642
Criminal. Affirms conviction of Class B misdemeanor battery.

Robert A.C. Murphy v. State of Indiana (NFP)
18A02-1003-CR-299
Criminal. Affirms conviction of and sentence for murder.

Barbara R. Ball v. State of Indiana (NFP)
71A04-1009-CR-554
Criminal. Affirms convictions of Class D felonies resisting law enforcement and dealing in marijuana.

Steve Nevill v. Woodland Heights Property Owners Assoc., et al. (NFP)
67A01-1007-SC-360
Small claim. Affirms judgment in favor of the association in its action for unpaid property owners’ association dues and late fees and judgment against Nevill on his counterclaim for slander, defamation, and dereliction of duties.

Terrace Garden Association, Inc. v. Len C. Lantz, et al. (NFP)
76A05-1004-MI-258
Miscellaneous. Affirms judgment for the Reiths in Terrace Garden’s action to quiet title and for adverse possession regarding a 30-foot parcel of real estate that was originally filed against Lantz.

Indiana Tax Court had posted no opinions at IL deadline.
 

7th Circuit: Staff should have told inmate to stop taking aspirin

A District Court erred in granting summary judgment for the government on an inmate’s suit claiming his complications from a surgery were the result of the prison medical staff disregarding instructions he stop taking blood thinners prior to his surgery.

Majority upholds dismissal of unemployment benefits appeal

The Indiana Court of Appeals split today on whether a woman’s appeal after she was denied unemployment benefits should be reinstated. The woman claimed she missed the administrative law judge’s phone call because of confusion regarding different time zones.

Marion County has first human trafficking conviction

The conviction of a man on human trafficking charges Tuesday is the first time the Marion County Prosecutor’s Office has convicted someone on that charge since the state’s human trafficking law was enacted in 2007.

Opinions Jan. 26, 2011, ILD

7th Circuit Court of Appeals
United States of America v. Ty Brock
10-2385
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Criminal. Affirms denial of motion to suppress items found in Brock’s car during a checkpoint stop. Because the checkpoint was neither objectively nor subjectively intrusive in any way that would outweigh the government’s interest in operating it, the checkpoint stop didn’t violate his Fourth Amendment rights.

Indiana Supreme Court
Fredrick Michael Baer v. State of Indiana
48S00-0709-PD-362
Death penalty. Affirms denial of post-conviction relief following previous affirmation of Baer’s death sentence for two counts of murder. He did not receive ineffective assistance of trial or appellate counsel, his death sentence doesn’t violate the Eighth Amendment, and the trial judge didn’t error in rejecting his guilty but mentally ill plea.

Indiana Court of Appeals
Dan Cristiani Excavating Co. Inc. v. Jeremy Money and Kerri Money
10A05-1002-CT-114
Civil tort. Affirms verdict in favor of the Moneys for injuries sustained by Jeremy in a bulldozer accident. The trial court did not abuse its discretion in denying bifurcation of the trial or in declining to allow the jury to view actual or photographic evidence of the bulldozer involved. Cristiani waived the issue of whether Jeremy’s life-care planner was qualified to testify as an expert and that the weight to be given to her testimony was properly conceded by the jury. Cristiani failed to establish actual personal bias by the trial judge.

A.H. v. State of Indiana
10A05-1003-CR-256
Criminal. Reverses one count of Class B felony incest. The evidence, which included A.H.’s stipulated polygraph, was insufficient to prove this conviction beyond a reasonable doubt. Remands for the trial court to vacate this conviction and accompanying sentence and for further proceedings.

Term. of Parent-Child Rel. of T.T., et al.; A.T. v. I.D.C.S. (NFP)
29A05-1008-JT-475
Juvenile. Affirms termination of parent-child relationship.

Gene Hooks v. State of Indiana (NFP)
82A01-1005-CR-220
Criminal. Affirms convictions of two counts of Class C felony child molesting.

Jonathan R. Dye v. State of Indiana (NFP)
21A01-1004-CR-168
Criminal. Revises sentence following guilty plea to two counts of dealing in a controlled substance, one as a Class B and one as a Class C felony, and remands for a sentence of 10 years with two years suspended.

Christopher West v. State of Indiana (NFP)
21A04-1004-CR-303
Criminal. Affirms West’s convictions of two counts of dealing in cocaine as class B felonies and one count of possession of cocaine as a Class D felony. Reverses the trial court’s imposition of consecutive sentences as to the two dealing convictions. Remands for further proceedings.

Melissa A. (Scales) Crupper v. Charles D. Scales, Jr. (NFP)
87A05-1008-DR-500
Domestic relation. Affirms judgment granting father physical custody of the children.

Tevin Reaves v. State of Indiana (NFP)
71A04-1005-CR-332
Criminal. Affirms conviction of murder but sua sponte vacates the conviction of conspiracy to commit murder and sentence on double jeopardy grounds.

Paternity of T.A.; J.M. v. A.A. (NFP)
28A01-1007-JP-387
Juvenile. Affirms order that J.M.’s minor child should assume the surname of A.A., the child’s mother.

Arthur E. Lott, Jr. v. State of Indiana (NFP)
02A04-1006-CR-383
Criminal. Affirms conviction of Class C felony burglary.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Jan. 26, 2011

7th Circuit Court of Appeals
United States of America v. Ty Brock
10-2385
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Criminal. Affirms denial of motion to suppress items found in Brock’s car during a checkpoint stop. Because the checkpoint was neither objectively nor subjectively intrusive in any way that would outweigh the government’s interest in operating it, the checkpoint stop didn’t violate his Fourth Amendment rights.

Justices uphold Baer’s death penalty

The Indiana Supreme Court has unanimously affirmed the denial of a murderer’s petition for post-conviction relief, leaving his death sentence in place.

Law firm files class-action lawsuit for estate planning UPL

A Logansport law firm has filed a class-action lawsuit against an Indianapolis company that the state’s highest court last year determined engaged in the Unauthorized Practice of Law, suing on behalf of thousands of residents for what attorneys estimate could be $10 million to $20 million in damages.

Federal act preempts state law claims

The Indiana Court of Appeals held that the Federal Employees’ Group Life Insurance Act preempts state law claims brought by a man’s first ex-wife seeking to keep her and her grandchildren as beneficiaries of the man’s life insurance policy.

Court’s community-service policy is unenforceable

The Indiana Court of Appeals reversed a trial court’s order that an indigent small claims litigant perform community service in lieu of paying a filing fee, holding the informal local rule requiring community service is unenforceable.

Opinions Jan. 25, 2011, ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Adoption of L.C.E.; D.H. v. J.H. and J.D.E.
47A05-1008-AD-474
Adoption. Reverses adoption of L.C.E. by his maternal grandfather J.D.E. The stepfather, D.H., had custody of L.C.E. and his consent is required for the adoption of L.C.E. The trial court erred in granting the grandfather’s petition prior to the expiration of the 30 days provided for objection to be filed and prior to receiving D.H.’s properly filed objection.

Jeffery T. Curry, et al. v. Andrew Whitaker, et al.
49A02-1004-CC-398
Civil collections. Affirms summary judgment for Whitaker and Santa-Cruz Chavez on the Currys’ complaint for invasion of privacy by intrusion, invasion of privacy by false light, and intentional infliction of emotional distress. There is no genuine issue of material fact and Whitaker and Santa-Cruz Chavez are entitled to judgment as a matter of law.

Frank J. Akey, Personal Rep. of the Estate of Wayne Akey v. Parkview Hospital, et al.
02A04-1007-CT-441
Civil tort. Reverses summary judgment for defendants Parkview Hospital, Dr. McEowen, and Professional Emergency Physicians Inc. in Frank Akey’s complaint for damages following the death of Wayne Akey. The trial court’s exclusion of Dr. Mirro’s expert testimony on causation was an abuse of discretion. Remands for further proceedings.

Term. of Parent-Child Rel. of M.T.; R.T. v. Marion County DCS and Child Advocates (NFP)
49A02-1006-JT-731
Juvenile. Affirms involuntary termination of parental rights.

Martel K. Settles v. State of Indiana (NFP)
71A05-1003-CR-246
Criminal. Affirms convictions of Class B felony robbery.

Shelisa Wimbush v. State of Indiana (NFP)
45A04-1006-CR-337
Criminal. Affirms conviction of Class B felony aggravated battery.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Jan. 25, 2011

Indiana Court of Appeals
Adoption of L.C.E.; D.H. v. J.H. and J.D.E.
47A05-1008-AD-474
Adoption. Reverses adoption of L.C.E. by his maternal grandfather J.D.E. The stepfather, D.H., had custody of L.C.E. and his consent is required for the adoption of L.C.E. The trial court erred in granting the grandfather’s petition prior to the expiration of the 30 days provided for objection to be filed and prior to receiving D.H.’s properly filed objection.

Lawsuit challenges free-expression restriction at airport

A Fort Wayne man is suing the Allen County Airport Authority because he claims a recently enacted resolution severely restricts his ability to protest the new screening procedures implemented by the Transportation Security Administration.

Judges order consideration of discovery demands

The 7th Circuit Court of Appeals ordered a Northern Indiana District Court to reconsider a German company’s discovery demands made in relation to a lawsuit pending in Germany over the alleged theft of trade secrets.