Opinions Oct. 11, 2010
The Indiana Supreme Court, Court of Appeals, and Tax Court were closed today in observance of Columbus Day.
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Wrongfully-convicted man sues for withholding evidence
A man who spent nearly 18 years in prison for crimes from which he was later exonerated is now suing the City of Hammond and various police officers involved in his arrest.
Suit filed following inmate’s suicide
A father whose son committed suicide while in a southern Indiana jail has filed a lawsuit against the county and its sheriff.
MCBA to host trademark celebration
The theme of this year’s Kuykendall-Conn Celebration, the signature event of the Marion County Bar Association, is “Resurrecting the Call of Justice for All.”
Opinions Oct. 8, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Earl Budd v. State of Indiana
31A01-0910-PC-504
Post conviction. Affirms denial of successive petition for post-conviction relief. The post-conviction court didn’t err by finding Indiana Code Section 35-50-6-3.3(h)(2)(B) doesn’t constitute a bill of attainder, an ex post facto law or a denial of equal protection.
R.R. F. v. L.L.F.
69A01-1001-DR-77
Domestic relation. Affirms order father pay retroactive child support to a date preceding the filing date of mother’s petition to modify. The provision in the parties’ agreed entry whereby Father ceased child support payments upon E.F.’s 18th birthday was contrary to law and void. The dissolution court should have credited father for certain payments against the court’s order that he pay $2,961.75 for the period May 11 to Aug. 22, 2009. Remands to the dissolution court and instructs to first consider the reduction in the parents’ obligation toward E.F.’s college expenses realized by mother’s tax credit and then apportion the parents’ obligations accordingly.
Ronald J. McGary v. State of Indiana (NFP)
87A01-1003-CR-129
Criminal. Affirms sentence following guilty plea to operating a motor vehicle as a habitual traffic offender as a Class D felony.
Jason D. Miller v. State of Indiana (NFP)
08A02-1002-CR-129
Criminal. Reverses determination of Miller’s credit time classification and remands for proceedings consistent with this opinion. Affirms convictions of and sentences for Class A felony child molesting and Class C felony child molesting.
Steven A. Reynolds v. State of Indiana (NFP)
29A02-1003-CR-471
Criminal. Affirms sentences for two counts of Class A misdemeanor battery.
Fraternal Order of Police, Evansville Lodge No. 73 v. City of Evansville, IN. (NFP)
82A04-1002-PL-94
Civil plenary. Affirms conclusion the city didn’t breach the collective bargaining agreement by reducing the number of patrol sergeants allowed to work on holidays.
Jeremy M. Frantzreb v. State of Indiana (NFP)
24A05-1002-CR-109
Criminal. Reverses convictions of Class C felony forgery and Class A misdemeanor possession of marijuana and remands for a new trial.
Indiana Parole Board v. Martin De La Torre (NFP)
72A01-1005-CR-254
Criminal. Reveres denial of the Indiana Parole Board’s motion to correct error.
S.T. v. State of Indiana (NFP)
49A02-1002-JV-301
Juvenile. Affirms adjudication for committing what would be Class C felony robbery if committed by an adult.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Oct. 8, 2010
Indiana Court of Appeals
Richmond State Hospital, et al. v. Paula Brattain, et al.
49A02-0908-CV-718
Civil. Reverses finding that the merit employees, represented by Veregge and Strong, are entitled to 20 years of back pay and remands with instructions to recalculate the merit employees’ back pay based on the time period beginning 10 days before the July 29, 1993, complaint was filed and ending when the state abolished the split class system. Instructs the trial court to determine whether the state abolished the split class system on Sept. 12 or Sept. 19, 1993. Affirms in all other respects.
Court cuts $42.4 million state back pay award
The Indiana Court of Appeals today significantly slashed a $42.4 million damages award against the state, cutting the period from which employees can recover back pay from 20 years to about two months.
Former Florida chief justice to speak on diversity
A former chief justice of the Florida Supreme Court, who was on the bench during Bush v. Gore, is the keynote speaker at this year’s President’s Dinner at the Indiana State Bar Association annual meeting in Indianapolis.
COA rules on military benefits to former spouses
Ruling on the issue for the first time, the Indiana Court of Appeals has held that a military spouse may not, by a post-decree waiver of retirement pay in favor of disability benefits or combat-related special compensation, unilaterally and voluntarily reduce the benefits awarded to the former spouse in a dissolution decree.
Court cuts $42.4 million state back-pay award
The Indiana Court of Appeals has ruled on a suit involving $42.4 million in back pay to state employees, significantly reducing the period from twenty years to less than two months.
Opinions Oct. 7, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Dorris Merriweather III v. State of Indiana (NFP)
02A04-0912-CR-691
Criminal. Affirms conviction of Class A felony child molesting and Class C felony child molesting.
Louis Jenkins v. State of Indiana (NFP)
49A02-1003-CR-253
Criminal. Affirms conviction of Class C felony child molesting.
Jamie Lee Benton v. State of Indiana (NFP)
65A05-1002-CR-126
Criminal. Affirms conviction of Class B felony burglary.
Allen Elston v. State of Indiana (NFP)
49A05-1003-CR-137
Criminal. Affirms conviction of Class D felony theft.
L. Steven Beckham, Jacquelyn K. Beckham, and Amos Agri Products, Inc. v. Lafayette Bank and Trust Company (NFP)
79A05-0909-CV-554
Civil. Affirms judgment in favor of Lafayette Bank and Trust following a bench trial on the bank’s complaint seeking to foreclose on certain real property.
Steven Pritt v. State of Indiana (NFP)
49A04-0909-CR-554
Criminal. Affirms convictions of Class A felony child molesting and reverses one conviction of Class C felony child molesting.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Oct. 7, 2010
Indiana Court of Appeals
Dorris Merriweather III v. State of Indiana (NFP)
02A04-0912-CR-691
Criminal. Affirms conviction of Class A felony child molesting and Class C felony child molesting.
Judge: Girls’ basketball games schedule not discriminatory
A federal judge has ruled that 14 school corporations haven’t discriminated against girls’ basketball teams by scheduling more of their games on weeknights instead of weekends as compared to boys’ basketball games.
Judge Pratt to be officially sworn in Friday
The state’s first African-American federal judge will be formally sworn in Friday afternoon at the United States Courthouse in Indianapolis.
Suit challenges Bible instruction at public school
A mother’s objection to Bible study being taught at her son’s public school has led her to file a lawsuit to stop the religious teaching.
Opinions Oct. 6, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Term. of Parent-Child Rel. of J.W.; J.W. v. IDCS (NFP)
45A03-1002-JT-69
Juvenile. Affirms termination of parental rights.
Term. of Parent-Child Rel. of C.R.; N.Q. & J.R. v. I.D.C.S. (NFP)
20A03-1003-JT-135
Juvenile. Affirms termination of parental rights.
Samuel Lewis v. State of Indiana (NFP)
20A03-1001-CR-96
Criminal. Affirms conviction of and 48-year aggregate executed sentence for four counts of Class A felony dealing in cocaine and one count of Class B felony dealing in cocaine.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Oct. 6, 2010
Indiana Court of Appeals
Charles J. Kennedy v. State of Indiana
89A04-0907-CR-380
Criminal. Affirms conviction of and 27-year sentence for Class A felony robbery and Class A felony conspiracy to commit robbery. Rules the trial court properly admitted DNA evidence and properly allowed testimony of a witness not discovered until mid-trial. Also rules sentence is appropriate.