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Indiana traffic court issues dent judiciary’s public perception

Two central Indiana traffic court judges are under fire for their conduct and practices in their courtrooms, with one Marion Superior judge facing disciplinary charges after sparking statewide legislative changes and criticism from the Indiana Court of Appeals.

Opinions Nov. 22, 2010 ILD


Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Levie S. Jackson v. State of Indiana
79A02-0912-CR-1230
Criminal. Affirms convictions of seven counts of Class C felony forgery, six counts of Class D felony theft, and finding Jackson is a habitual offender The trial court did not error in denying Jackson’s motion to sever. Because he did not present any explanation of how he was prejudiced by the timing of the additional charge, the trial court declined to reverse the habitual offender enhancement.

TacCo Falcon Point v. Atlantic Limited, et al.
49A04-1003-CP-202
Civil plenary. Affirms order granting the motion to deem judgment satisfied filed by Atlantic Limited Partnership XII, Atlantic XIII, and David M. Clapper. The trial court didn’t err when it granted the Clapper parties’ motion because the issues hadn’t been previously decided by other courts and weren’t barred by the doctrine of res judicata. The trial court did not abuse its discretion when it found that the judgment at issue had been satisfied because when TacCo purchased the judgment, it was acting as a strawman for American Realty Trust.

Boost Up Wireless Solutions v. Brightpoint North America (NFP)
49A04-1007-CC-461
Civil collections. Affirms order denying Boost Up’s motion to set aside the default judgment entered in favor of Brightpoint on Brightpoint’s breach of contract complaint against Boost Up.

William Delk, et al. v. Reid Hospital and Health Care Servs., et al. (NFP)
89A04-1003-CT-208
Civil tort. Affirms summary judgment in favor of Reid Hospital, Indiana University School of Nursing, and the Trustees of Indiana University in the Delks’ complaint alleging medical malpractice.

Uma D. Chaluvadi v. City of Indianapolis (NFP)
49A02-1003-OV-230
Local ordinance violation. Dismisses Chaluvadi’s appeal of a default judgment regarding traffic tickets.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted one transfer and denied 7 for the week ending Nov. 19.
 
 
 

Opinions Nov. 22, 2010

Indiana Court of Appeals
Levie S. Jackson v. State of Indiana
79A02-0912-CR-1230
Criminal. Affirms convictions of seven counts of Class C felony forgery, six counts of Class D felony theft, and finding Jackson is a habitual offender The trial court did not err in denying Jackson’s motion to sever. Because he did not present any explanation of how he was prejudiced by the timing of the additional charge, the trial court declined to reverse the habitual offender enhancement.

Judges reverse support modification for lack of jurisdiction

The Indiana Court of Appeals reversed a lower court’s ruling that Illinois proceedings on child support were null because jurisdiction was never properly transferred, noting it found an ex parte proceeding that excluded the mother “extremely troubling.”

Appellate court affirms judgment in coverage dispute

Indiana Evidence Rule 407 may bar evidence of subsequent insurance policy revisions offered to resolve ambiguity in an executed insurance contract, the Indiana Court of Appeals held today.

Justices take sex offender case

The Indiana Supreme Court granted transfer to a case filed by a convicted felon who refuses to register as a sex offender for life.

Opinions Nov. 19, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Brian Keith Thompson v. State of Indiana (NFP)
48A05-1003-CR-268
Criminal. Affirms sentence following guilty plea to Class B felony burglary and Class D felony theft.

Joseph Hackler v. State of Indiana (NFP)
49A02-1004-CR-417
Criminal. Affirms order revoking placement in community corrections.

Darren Witt v. State of Indiana
45A05-1005-PC-319
Post conviction. Affirms denial of petition for post-conviction relief, in which Witt challenged his sentence of life without parole imposed after pleading guilty to murder. Witt can’t prevail upon his attempt to present a free-standing claim of sentencing error and didn’t establish he was denied the effective assistance of counsel.

David A. Lanham v. State of Indiana
60A01-1003-CR-114
Criminal. Affirms convictions of Class D felony possession of marijuana and Class A infraction possession of paraphernalia. The trial court acted within its discretion in admitting the marijuana and drug paraphernalia found in Lanham’s residence.

Earl Budd v. State of Indiana
31A01-0910-PC-504
Post conviction. Grants rehearing to clarify that only sex offenders who are committed to the Department of Correction after committing new sex crimes while required to register as sex or violent offenders are no longer eligible to earn educational credit time. Affirms original opinion in all other respects.

Indiana Tax Court had posted no opinions at IL deadline.
 
 

Opinions Nov. 19, 2010

Indiana Court of Appeals
Florence R. Lacy-McKinney v. Taylor Bean and Whitaker Mortgage Corp.
71A03-0912-CV-587
Civil. Reverses summary judgment in favor of Taylor Bean & Whitaker Mortgage Corp. on its action to foreclose on Lacy-McKinney’s mortgage that was insured by the Federal Housing Administration. Views the affirmative defense of noncompliance with HUD regulations as the failure of the mortgagee to satisfy a HUD-imposed condition precedent to foreclosure. To hold otherwise would circumvent the public policy of HUD. Remands for further proceedings.

Mendenhall gets 40 years for attack

Augustus Mendenhall, the attorney who attacked an Indiana state representative last year, received a 40-year sentence today from a Hamilton County judge.

COA: Summary judgment wrong in foreclosure suit

A mortgagee’s compliance with federal mortgage servicing responsibilities is a condition precedent that can be raised as an affirmative defense to the foreclosure of a Federal Housing Administration insured loan, the Indiana Court of Appeals ruled today for the first time.

Judges uphold OWI conviction

The Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were impaired in order to get a conviction of operating a vehicle while intoxicated.

Opinions Nov. 18, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jamie Wicker v. Rodney McIntosh, et al.
72A05-0912-CV-743
Civil. Affirms summary judgment in favor of intervening plaintiff United Farm Family Mutual Insurance Co. on its complaint for declaratory judgment in Wicker’s negligence suit. The trial court correctly entered summary judgment in favor of the insurer as the unambiguous language of the insurance policy excludes coverage. The exception to the exclusion relied upon by Wicker does not apply as it is uncontroverted that the accident leading to the claim of damages occurred at an uninsured location.

Patrick Alvey v. Natalie K. (Alvey) Hite (NFP)
82A05-1002-DR-141
Domestic relation. The dissolution court’s failure to assign any value to Patrick’s inherited property and not including it in the marital estate is a clear error. Remands with instructions for the dissolution court to include Patrick’s inherited property in the marital estate, to value the property, and to issue and new order redistributing the marital assets and liabilities accordingly. Affirms dissolution decree in all other respects.

Indiana Tax Court had posted no opinions at IL deadline.

 

Opinions Nov. 18, 2010

7th Circuit Court of Appeals
David N. Rain and Paramount International Inc. v. Rolls-Royce Corp.
10-1290
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms partial summary judgment in favor of Rolls-Royce on Rain’s claim for breach of contract by breaching a non-disparagement provision in a settlement agreement after Rolls-Royce filed a Texas lawsuit involving Rain and Paramount. Affirms the judgment following a bench trial on breach of contract in favor of Rolls-Royce after Rolls-Royce asked Rain to leave an event.

Family Court project grants now available

The Indiana Supreme Court, Division of State Court Administration is accepting Phase V Family Court Project Grant Applications. The application includes information about the county's current judicial system, and a request for a family court grant in the amount of $10,000 to $40,000 per year, for a two-year period. Selected counties will begin operation in January 2010.

Chief’s recusal results in split Supreme Court

The same day it heard arguments about the dissolution of a Brown County fire district, the Indiana Supreme Court reinstated the intermediate court’s ruling on the case because of a 2-2 division caused by the recusal of Chief Justice Randall T. Shepard.

Judges: disparagement provision not violated

The 7th Circuit Court of Appeals twice declined to certify questions to the Indiana Supreme Court a litigant raised in his appeal of a suit involving alleged violations of a non-disparagement clause in a settlement agreement.