Opinions Sept. 27, 2010
Indiana Court of Appeals
Brian P. White v. State of Indiana (NFP)
53A01-0910-CR-515
Criminal. Affirms conviction of and sentence for murder.
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Commission conducts first Tax Court judge interviews
The Indiana Judicial Nominating Commission is interviewing 14 people who’ve applied to be the state’s next Tax Court judge, narrowing down the list to semi-finalists who will return for second interviews in October.
Legal conclave discusses diversity, stress, ethics
Among the focuses for this year’s Indiana State Bar Association's fourth Legal Education Conclave conclave, which takes place every few years, were diversity, ethics, and stress among lawyers and law students.
Indiana co-authors amicus brief in Prop 8 case
Indiana is one of four states that have written an amicus brief asking the 9th Circuit Court of Appeals to overturn a California judge’s ruling that would lift the ban on same-sex marriages.
Supreme Court takes case involving sentencing discrepancy
The Indiana Supreme Court granted transfer to a case in which a defendant challenged his sentence following his guilty plea to Class B felony burglary and admitting to being a habitual offender.
Opinions Sept. 24, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
B.M., Alleged to be CHINS; IDCS, and Child Advocates, Inc. v. Me.M. and P.M. (NFP)
49A04-1002-JC-96
Juvenile. Affirms determination there is insufficient evidence to prove B.M. is a child in need of services.
Term. of Parent-Child Rel. of C.V.; C.V. v. Tippecanoe County DCS (NFP)
79A02-1003-JT-794
Juvenile. Affirms termination of parental rights.
Mohamed M. Krad v. BP Products, et al. (NFP)
45A05-0912-CV-745
Civil. Affirms summary judgment in favor of BP Products and other defendants in an action for fraud and legal malpractice stemming from a real estate transaction.
Eric L. Hatcher v. State of Indiana (NFP)
30A04-1002-CR-59
Criminal. Affirms conviction of and sentence for Class D felony receiving stolen property.
Robert D. Merz v. State of Indiana (NFP)
24A05-1002-CR-173
Criminal. Affirms conviction of Class B felony robbery.
Ronald R. Lewis v. State of Indiana (NFP)
53A01-0910-CR-480
Criminal. Affirms sentence following guilty plea to Class B felony voluntary manslaughter and the refusal of the trial court to allow Lewis to withdraw his guilty plea.
Sherman E. Fuller v. State of Indiana (NFP)
20A03-1001-CR-73
Criminal. Reverses revocation of probation.
Julian D. Grady v. State of Indiana (NFP)
02A05-0912-CR-749
Criminal. Affirms convictions of two counts of Class B felony robbery.
Adam O. Brown v. State of Indiana (NFP)
25A03-1004-CR-235
Criminal. Affirms conviction of Class D felony nonsupport of a dependent child.
Richard Jandura v. Town of Schererville (NFP)
45A04-1005-PL-308
Civil plenary. Affirms entry of judgment against Jandura and in favor of the town in his complaint regarding the Town’s Board of Police Commissioners’ discipline imposed against him.
Coy Daniels v. State of Indiana (NFP)
49A02-0912-CR-1277
Criminal. Affirms convictions of murder, Class B felony robbery, and Class C felony battery.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 24, 2010
Indiana Court of Appeals
Subpoena to Crisis Connection, Inc., State of Indiana v. Ronald Keith Fromme
19A05-0910-CR-602
Criminal. Grants rehearing for clarification and affirms original decision outlining the threshold a defendant must make before obtaining an in camera review of records that are privileged.
Tax court applicant withdraws name from consideration
Indiana Tax Court applicant Richard Hofmann of Noblesville has removed his name from consideration for the upcoming vacancy on the court.
Court reaffirms 3-step test for in camera review
The Indiana Court of Appeals doesn’t believe that its previous ruling regarding the in camera review of an organization’s documents relating to alleged molestation victims sends the message that it’s “open season” on the records of victim services providers.
Practicing Law in Indiana: Ethics Update Oct. 1
Indiana Lawyer is sponsoring “Practicing Law in Indiana: Ethics Update” CLE event on Oct. 1 in Indianapolis. Speakers Don Lundberg of Barnes & Thornburg and Sally Franklin Zweig of Katz & Korin will review decisions and rule amendments from the past year dealing with questions of professional responsibility, legal ethics, and the law of lawyering.
Registration and lunch begin at 11:30 a.m.; the program is from noon to 1 p.m. at Barnes & Thornburg, 5th Floor Conference Center, 11 S. Meridian St., Indianapolis. The cost is $60, which includes lunch. One hour of CLE/Ethics 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 Sept. 27.
High court amends Indiana rules
The Indiana Supreme Court has issued 14 orders amending various Indiana rules.
Senate hearing Wednesday for nominated lawyer
The U.S. Senate Committee on Environment and Public Works will hold a full hearing at 10 a.m. Wednesday on the nomination of Indianapolis attorney John R. Fernandez to be Assistant Secretary of Commerce for Economic Development in the U.S. Department of Commerce.
5K event to fight domestic violence set
The Indiana Coalition Against Domestic Violence will host its annual 5K Race Away From Domestic Violence in Indianapolis this month to help raise awareness and money for its efforts to end abuse and violence.
Opinions Sept. 23, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Freudenberg-Nok General Partnership v. Allison Transmission, Inc. (NFP)
49A04-1003-PL-141
Civil plenary. Affirms preliminary injunction requiring Freudenberg-Nok to continue selling parts to Allison Transmission pursuant to the terms of their contracts.
Michael Deloney v. State of Indiana (NFP)
48A02-1003-CR-281
Criminal. Affirms revocation of probation and execution of a portion of Deloney’s previously suspend sentences.
Anna Galuoppo v. Richard Galuoppo (NFP)
08A02-1002-DR-199
Domestic relation. Affirms order denying Anna’s motion to correct error in the dissolution of her marriage.
Buffy L. Heckler v. Gary L. Heckler and Beverly J. Heckler (NF))
32A05-1003-DR-217
Domestic relation. Affirms denial of Buffy Heckler’s motion for attorney’s fees and costs.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 23, 2010
Indiana Court of Appeals
Commitment of A.L.
49A02-1001-MH-76
Mental health. Affirms order of temporary commitment. Any error in the admission of evidence or consideration of Wishard’s argument as to A.L.’s dangerousness was not a blatant violation of fundamental fairness and didn’t cause substantial and apparent harm to her.
Appellate court vacates murder, dealing convictions
The Indiana Court of Appeals vacated convictions of felony murder and dealing in a controlled substance because the state didn’t prove the man was involved in the dealing of ecstasy.
Mental-health facility report not same as charging instrument
The due process protections applicable to a charging instrument in a criminal case aren’t applicable to a report filed after someone is detained in a mental-health facility, the Indiana Court of Appeals ruled.
Lugar, Zoeller to discuss Mexico’s criminal justice system
Sen. Richard Lugar and Attorney General Greg Zoeller will be in Indianapolis Sunday to discuss Mexico’s conversion to a new criminal justice system as it struggles with organized crime cartels.
Opinions Sept. 22, 2010 ILD
Today’s opinions
Indiana Supreme Court
Virginia Meister v. State of Indiana and the City of Union City, Indiana
68S04-1009-CV-510
Civil. Grants transfer and affirms trial court order that Meister’s truck be forfeited after her son was found to have drugs in the truck following a traffic stop. Although the search was invalid under Gant, it was justified under the automobile exception to the Fourth Amendment based on probable cause and that it was a readily mobile vehicle.
Indiana Court of Appeals
Sunder Upshaw v. State of Indiana
49A02-1003-CR-239
Criminal. Reverses conviction of driving while suspended with a prior misdemeanor conviction as a Class A misdemeanor. There is insufficient evidence supporting Upshaw’s conviction. Affirms convictions of Class B felony dealing in cocaine. Upshaw’s confession upon arrest of dealing drugs combined with the evidence of the drugs are sufficient to support his dealing conviction. Remands to amend the judgment of conviction by deleting the Class A misdemeanor conviction and inserting the Class A infraction in its place.
Ronald W. Ritz, et al. v. Town of Brookville (NFP)
24A01-0912-CV-576
Civil. Affirms trial court’s order requiring the demolition of the structure on the Ritzes’ property and enjoining them from violating the Brookville Property Maintenance Code. Reverses award of $2,500 to Brookville and remands to the trail court to impose a penalty consistent with the opinion.
Ellen C. Bragg Firn v. Todd D. Bragg (NFP)
85A04-1002-DR-243
Domestic relation. Affirms order awarding physical custody of minor son to Todd Bragg.
Larry Tidmore v. Linn A. Mackey and Ind. Farm Bureau Ins. (NFP)
27A04-1005-PL-323
Civil plenary. Affirms summary judgment for Indiana Farm Bureau Insurance and Mackey on Tidmore’s complaint for damages stemming from a car accident.
Harold Schuler Owen v. State of Indiana (NFP)
48A05-1003-CR-130
Criminal. Affirms sentence following guilty plea to Class A felony dealing in methamphetamine, Class B felony dealing in methamphetamine, and Class D felony maintaining a common nuisance.
Paul S. Freeman v. State of Indiana (NFP)
02A03-0912-CR-573
Criminal. Affirms sentence following guilty plea to Class D felony theft.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 22, 2010
Indiana Supreme Court
Rosalyn West v. Betty Wadlington,et al.
49S02-1009-CV-509
Civil. Reverses trial court’s grant of Larkin and the Indianapolis Metropolitan Police Department’s motions to dismiss West’s defamation and invasion of privacy claims for lack of subject matter jurisdiction. Holds that a trial court with general jurisdiction to adjudicate claims of defamation and invasion of privacy is not ousted of jurisdiction merely because a religious defense to the claims is asserted. Remands for further proceedings.