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Taking a swing at an issue of first impression, the Indiana Supreme Court has ruled on a golf ball injury case and rejected the concept that a sporting event participant owes no duty of care to protect others from inherent risks of the sport in all situations.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Tameka Caldwell v. State of Indiana (NFP)
49A02-1007-CR-751
Criminal. Affirms sentences for two counts of Class C felony forgery, one count of Class D felony perjury, and two counts of Class D felony auto theft.
Mark Kramer, et al. v. Kramer Furniture and Cabinet Makers, Inc., et al. (NFP)
71A04-1008-PL-599
Civil plenary. Affirms entry of judgment in favor of Kramer Furniture and Cabinet Makers on Kramer Furniture’s complaint on account, for breach of contract and unjust enrichment on the Kramers’ counterclaim, and on the Kramers’ third-party complaint against Thomas Kramer.
Nathaniel Dawn v. State of Indiana (NFP)
49A02-1010-CR-1136
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
A.B. v. State of Indiana (NFP)
49A04-1010-JV-668
Juvenile. Affirms admission of contraband evidence. A.B. was not in custody when during a pat-down search police the found the contraband evidence, meaning A.B. was not entitled to a Miranda warning.
Carl C. Tucker v.State of Indiana (NFP)
05A05-1010-CR-779
Criminal. Affirms convictions for Class C felony operating a motor vehicle while privileges are forfeited for life and Class A misdemeanor resisting law enforcement. Affirms aggregate sentence of eight years.
Robert A. Nelson, Jr. v. State of Indiana (NFP)
91A02-1012-CR-1291
Criminal. Affirms conviction for Class C felony disarming a law enforcement officer.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
James S. Tracy v. Steve Morell, et al.
59A01-1009-PL-488
Civil plenary. Affirms trial court’s ruling that James Tracy failed to meet his burden of proof on his fraud claim in the sale of a tractor. Reverses court’s ruling that Tracy owed a balance on the promissory note, stating the contract for sale of the tractor is unenforceable because there was a mutual mistake of fact between the parties and the contract violates public policy. Holds that Tracy is entitled to the contract for sale of the tractor and to a money judgment in the amount he has paid on the note together with interest.
The Indiana Supreme Court has suspended a northwest Indiana attorney for helping a litigant whose cases he’d presided over more than a decade ago when he was a Jasper Superior judge.
Marietto “Mario” V. Massillamany, an attorney and former spokesperson for then-Marion County Prosecutor Carl Brizzi, has been publicly reprimanded by the Indiana Supreme Court for driving drunk.
Indiana University Maurer School of Law has launched the Center for Intellectual Property Research. The center will support the study of all aspects of intellectual property law and related fields, and it will be located inside the law school’s main building.
Indiana Court of Appeals had posted no opinions at IL deadline.
Indiana Tax Court had posted no opinions at IL deadline.
Tyrus D. Coleman v. State of Indiana
20S03-1008-CR-458
Criminal. Affirms Coleman’s conviction of and sentence for attempted murder. The Double Jeopardy Clause of the U.S. Constitution doesn’t preclude the state from retrying a defendant where in the first trial the jury acquitted him of murder with respect to one person but failed to return a verdict on a charge of attempted murder with respect to another man.
This year’s seminar on labor-management relations will take a look at labor law in the age of social media.
The Double Jeopardy Clause of the U.S. Constitution doesn’t prevent the state from retrying a man who was acquitted by a jury in the murder of one person, but in which the jury couldn’t return a verdict on the defendant's attempted murder charge of another man, the Indiana Supreme Court held Wednesday.
National and state advocates pushing for wrongful conviction reforms judged that Indiana was behind other jurisdictions in strengthening its justice system, but they emphasized that ongoing discussions were a good starting point for the Hoosier legal community.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
R.P. & L.P., Alleged to be C.H.I.N.S.; N.P. v. I.D.C.S.
84A05-1010-JC-650
Juvenile. Affirms findings that the children are children in need of services. The trial court had jurisdiction even though it failed to conduct a fact-finding hearing within the 60-day statutory time limit. The Department of Child Services produced sufficient evidence to prove by a preponderance of the evidence that R.P. and L.P. are CHINS. The trial court’s findings did not violate the mother’s right to procedural due process.
Ronald E. Lewis v. State of Indiana (NFP)
87A04-1008-CR-535
Criminal. Affirms in part the denial of credit time. Reverses in part as it appears Lewis didn’t receive credit time for one day and remands to the trial court to credit him with one additional day of time served while confined awaiting sentencing for another case.
Jill (Lambert) Fox v. Jeffrey Lambert (NFP)
32A01-1010-DR-524
Domestic relation. Affirms trial court’s findings of fact, conclusions of law and judgment, finding Jill Fox in contempt and extending parenting time in favor of Jeffrey Lambert.
Shonk Electric, Inc. v. Siemens Medical Solutions USA, Inc. (NFP)
55A05-1009-CC-554
Civil collection. Affirms entry of summary judgment in favor of Siemens and award of attorney fees in favor of Siemens. Remands for the trial court to determine Siemens’ appellate attorney fees.
David H. Brown v. State of Indiana (NFP)
29A02-1009-CR-1100
Criminal. Affirms sentence following guilty plea but mentally ill to two counts of child molesting, one as a Class A felony, one as a Class C felony.
Deborah P. Keever v. State of Indiana (NFP)
57A03-1010-CR-525
Criminal. Affirms conviction of Class A misdemeanor false informing.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Citimortgage, Inc. v. Shannon S. Barabas, et al.
48A04-1004-CC-232
Civil collection. Affirms grant of amended default judgment in favor of ReCasa Financial Group and Rick Sanders. The trial court did not abuse its discretion when it found that Indiana Code Section 32-29-8-3 precluded Citimortgage’s claim because Citimortgage failed to intervene more than a year after it first acquired interest in the property. When Irwin Mortgage filed a petition and disclaimed its interest in the foreclosure, MERS, as mere nominee and holder of nothing more than bare legal title to the mortgage, did not have an enforceable right under the mortgage separate from the interest held by Irwin Mortgage. Judge Brown dissents.
In a case of first impression between a lender and the mortgagee on record, the Indiana Court of Appeals was divided as to whether the mortgagee on record had an enforceable right under a mortgage.
The Indiana Supreme Court has received threatening calls and emails following a ruling last week in which the high court said Hoosiers can’t resist unlawful entry into their homes by police.
The Indiana Supreme Court has granted transfer to six cases and declined to take 22 others.
A northeast Indiana attorney who pleaded guilty to stealing from his clients has been sentenced to 11 years in prison, with five and one-half of those years suspended to active probation.
In rejecting a man’s argument that his employment wages shouldn’t be subject to Indiana’s adjusted gross income tax, the Indiana Tax Court warned that those who present a similar argument in the future may be subject to paying the attorney fees of the other party.
Indiana Supreme Court had posted no opinion at IL deadline
Indiana Court of Appeals
Dante A. Webb v. State of Indiana (NFP)
45A04-1007-PC-459
Post conviction. Affirms denial of petition for post-conviction relief.
Joseph J. Pajot v. Maryann A. Pajot (NFP)
71A03-1006-DR-394
Domestic relation. Affirms equal division of an account comprised of Joseph Pajot’s inheritance from his parents. Reverses order Joseph reimburse Maryann Pajot $2,920 for medical expenses. Remands for correction of that amount.
Patricia A. Tackett v. State of Indiana (NFP)
18A02-1008-CR-1053
Criminal. Reverses convictions of Class B felony rape, Class B felony sexual misconduct with a minor, and Class D felony child solicitation.
Eugene Bowers v. State of Indiana (NFP)
49A04-1003-PC-274
Post conviction. Affirms denial of petition for post-conviction relief.
State of Indiana v. Danny LeFlore (NFP)
49A05-1010-CR-698
Criminal. On rehearing, affirms original opinion in all respects except the remand for the trial court to hold a hearing because the charges against LeFlore have been dismissed.
Jennifer Lukens v. Chad A. Baxter (NFP)
25A03-1009-DR-449
Domestic relation. Affirms denial of Lukens’ petition for citation of indirect contempt of court.
Josh Coffey v. State of Indiana (NFP)
55A01-1005-CR-275
Criminal. Affirms denial of motion to correct erroneous sentence.
Robyn N. Hogan v. State of Indiana (NFP)
45A03-1006-CR-309
Criminal. Affirms sentence following guilty plea to three counts of Class B felony dealing in cocaine.
Latonya Plummer v. State of Indiana (NFP)
49A02-1010-CR-1077
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.
Town of Clarksville v. Shirley Makowsky and Indiana Fraternal Order of Police Labor Council, Inc. (NFP)
10A04-1008-PL-531
Civil plenary. Affirms declaratory judgment in favor of Makowsky and the Indiana Fraternal Order of Police Labor Council.
Cindy Lee Bell v. State of Indiana (NFP)
71A05-1010-CR-692
Criminal. Affirms conviction of Class D felony possession of cocaine.
Stephen M. Park and Shirley Park v. William F. Eckhart (NFP)
49A04-1011-CT-734
Civil tort. Reverses summary judgment in favor of Eckhart on the Parks’ complaint alleging negligence. Remands for further proceedings.
Indiana Court of Appeals
The William C. Haak Trust v. William J. Wilusz and Judith A. Wilusz, Benjamin Luna
64A04-1008-PL-567
Civil plenary. Affirms judgment in favor of Luna on the trust’s quiet title action seeking an easement of necessity and reverses the judgment in favor of the Wiluszes. The trust has a right to an easement of necessity across the Wiluszes’ parcel, but not over Luna’s land. Remands with instructions to enter judgment in favor of the trust and take evidence sufficient to allow it to locate the easement of necessity across the Wiluszes’ land.