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“The IBA will create a new political action committee named Attorneys for an Impartial Bench (“AIB”) to receive and distribute voluntary contributions to judicial candidates for the Marion County Circuit and Superior Courts. “The primary purpose of AIB is to provide IBA members with an alternate method of supporting judicial campaigns. “AIB will receive contributions […]
The Indianapolis Bar Association may be the first statewide or nationally to create a plan aimed at combating judicial campaign-contribution
concerns on the heels of a landmark court ruling last year.
The following opinion was posted after IL deadline Friday.
Indiana Supreme Court
In
the Matter of: Anonymous
18S00-0902-DI-73
Discipline. Privately reprimands attorney for engaging in misconduct by improperly revealing information relating to the
representation of a former client, a violation of Professional Conduct Rule 1.9(c)(2).
Today’s opinions
7th Circuit Court of Appeals
United
States of America v. Jennifer K. Howard
09-3840
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Jude Theresa L. Springmann.
Criminal. Affirms convictions of wire fraud and mail fraud. Holds that even if an indictment names particular victims, the
government need not prove intent to harm those named victims. The government proved that Howard intended to defraud the scheme’s
victims, and such intent was established by examining the circumstances of the scheme, not by who was specifically named in
the indictment.
Timothy
L. Runyon v. Applied Extrusion Technologies Inc.
09-3015
U.S. District Court, Southern District Court of Indiana, Terre Haute Division, Judge Larry J. McKinney
Civil. Affirms judgment as a matter of law in Applied Extrusion’s favor in Runyon’s action under the Age Discrimination
in Employment Act. There’s no evidence the company’s decision to fire Runyon was motivated by his age.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Terry
Gene Lay v. State of Indiana
10A01-1001-CR-17
Criminal. Affirms convictions of neglect of a dependent resulting in serious bodily injury as a Class B felony, neglect of
a dependent resulting in death as a Class A felony, reckless homicide as a Class C felony. Lay waived the issue of marital
privilege because he didn’t object during his wife’s testimony at trial concerning violation of the marital privilege.
Evidence supports his wife voluntarily waived the privilege. There is also no violation of the prohibition against double
jeopardy in the case.
Alphonzo
Fisher v. State of Indiana
10A01-1001-CR-21
Criminal. Reverses denial of motion to discharge. The state has an affirmative duty to pursue prosecution of Fisher and the
duty derives from a defendant’s right to a speedy trial. The balance of the Barker factors under the facts of the case
show Fisher’s constitutional right to a speedy trial was violated. Remands with instructions to dismiss the underlying
action against Fisher.
James
B. Perigo v. State of Indiana (NFP)
87A04-0911-PC-636
Post conviction. Affirms denial of petition for post-conviction relief.
Lake
Hellene, Inc., v. The Charter Oak Fire Insurance Company, et al. (NFP)
49A04-0910-CV-557
Civil. Reverses partial summary judgment foreclosing the litigation of the “common enemy” defense for claims
against Lake Hellene. Affirms refusal to grant partial summary judgment to Lake Hellene as to the applicability of a municipal
drainage ordinance. Remands for further proceedings.
Dan
Fry, et al. v. Wilma Sutherlin Hadley (NFP)
67A01-1002-PL-35
Civil plenary. Affirms order in favor of Hadley in her action for ejectment and against the Frys on their counterclaims for
breach of contract, promissory estoppel, slander, and interference with a contractual relationship.
Ernest
Lansford, III v. Allstate Insurance Company, et al. (NFP)
71A03-1003-PL-142
Civil plenary. Affirms judgment for Allstate in a negligence action for property damages resulting from a vehicle collision.
Term.
of Parent-Child Rel. of J.A.; H.P. v. I.D.C.S. (NFP)
45A03-1001-JT-80
Juvenile. Affirms involuntary termination of parental rights.
Carl
Lee Gary v. State of Indiana (NFP)
20A03-1004-CR-176
Criminal. Affirms sentence following guilty plea to three counts of forgery as Class C felonies, dealing in a sawed-off shotgun
as a Class D felony, and domestic battery as a Class A misdemeanor.
Richard
L. Cripe v. State of Indiana (NFP)
20A05-1002-CR-159
Criminal. Affirms denial of petition for permission to file a belated appeal.
Reymond
Barnett v. State of Indiana (NFP)
49A05-0912-CR-738
Criminal. Affirms convictions of and sentence for Class B felonies robbery and criminal confinement.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
United
States of America v. Jennifer K. Howard
09-3840
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms convictions of wire fraud and mail fraud. Holds that even if an indictment names particular victims, the
government need not prove intent to harm those named victims. The government proved that Howard intended to defraud the scheme’s
victims, and such intent was established by examining the circumstances of the scheme, not by who was specifically named in
the indictment.
The state had an affirmative duty to pursue prosecution of a defendant under his right to a speedy trial, the Indiana Court
of Appeals ruled today. The appellate court also disapproved of the state’s blanket policy to not attempt to secure
the attendance of an accused incarcerated person in a foreign jurisdiction until he has finished serving his sentence there.
The Indiana Supreme Court has privately reprimanded an attorney for improperly revealing information about a former client
when socializing with friends.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Brian
S. Adcock v. State of Indiana
47A01-0912-CR-591
Criminal. Affirms convictions of two counts of Class A felony child molesting, two counts of Class B felony sexual misconduct
with a minor, and finding that Adcock is a repeat sexual offender. The trial court didn’t err in permitting the prosecutor
to analogize the standard of proof to a jigsaw puzzle during voir dire or in allowing the state to amend the repeat sexual
offender notice.
Michael
Butler v. State of Indiana
49A02-0904-CV-343
Civil. Reverses denial of Butler’s pro se motions to set aside default judgment against him for operating a truck in
a restricted lane on a highway consisting of at least three lanes, and for speeding, both as civil infractions. Butler engaged
in no “foot dragging” or other behavior seeking to delay the process and attempted to immediately address the
effects of his absence from the March 16 hearing. Procedural issues also interfered with his ability to obtain a hearing.
Remands with instructions to set a new trial date.
B.F.
v. Review Board, and Whirlpool Corp. (NFP)
93A02-1004-EX-379
Civil. Affirms denial of unemployment insurance benefits.
Katina
Starks v. State of Indiana (NFP)
02A05-1001-CR-27
Criminal. Affirms conviction of Class D felony theft.
Shawn
Davis b/n/f Misty Davis v. Animal Control-City of Evansville, Evansville Housing Authority, et al. (NFP)
82A01-0911-CV-527
Civil. Reverses summary judgment for the city defendants in Davis’ action following injuries he received from a dog
bite. Remands for further proceedings.
Ronald
C. Hedges v. Weyerbacher Farms (NFP)
87A05-1003-PL-275
Civil plenary. Affirms summary judgment for Weyerbacher Farms in Hedges’ lawsuit for breach of pasture lease, and declaratory
judgment abating rent payments and extending the term of the lease.
Term.
of Parent-Child Rel. of M.B., et al.; M.R. v. Marion County DCS and Child Advocates (NFP)
49A02-1002-JT-109
Juvenile. Affirms involuntary termination of parental rights.
Steve
Ballard v. State of Indiana (NFP)
49A02-1001-CR-63
Criminal. Affirms two convictions of murder and 110-year sentence.
Danitra
White v. State of Indiana (NFP)
49A02-0911-CR-1150
Criminal. Affirms convictions of Class D felonies domestic battery and two counts of battery.
Dustin
J. Baumbarger v. State of Indiana (NFP)
02A04-0912-CR-675
Criminal. Affirms conviction of Class D felony theft.
Thomas
A. Hopkins v. State of Indiana (NFP)
48A05-1002-CR-125
Criminal. Affirms revocation of placement in in-home detention and execution of part of Hopkins’ previously suspended
sentence.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Brian
S. Adcock v. State of Indiana
47A01-0912-CR-591
Criminal. Affirms convictions of two counts of Class A felony child molesting, two counts of Class B felony sexual misconduct
with a minor, and finding that Adcock is a repeat sexual offender. The trial court didn’t err in permitting the prosecutor
to analogize the standard of proof to a jigsaw puzzle during voir dire or in allowing the state to amend the repeat sexual
offender notice.
The staff of the civics education program of the Indiana Bar Foundation will be restructured due to decreases in IOLTA funding
available for next year, the IBF announced today.
The United States District Court for the Southern District of Indiana announced today the selection of Mark J. Dinsmore as
magistrate judge.
The man who committed suicide atop a parking garage in downtown Indianapolis Thursday afternoon behind Barnes & Thornburg
earlier had killed his attorney wife in their Brownsburg home, police said.
Ruling on the issue for the first time, the Indiana Court of Appeals held that the plain language of Indiana Code Section
29-1-2-7 requires a child to show she is born out of wedlock for inheritance purposes.
A lone gunman caused downtown Indianapolis – including Indiana State Court Administration offices and law firm Barnes
& Thornburg – to be on lockdown today.
If lawmakers during the next legislative session increase a statewide court fee an extra $3, Indiana Supreme Court Justice
Frank Sullivan believes the state can fully implement a case management system in all county courts by June 30, 2017.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Dean V. Kruse Foundation, Inc., et al. v. Jerry W. Gates
59A01-1001-CT-125
Civil tort. Reverses summary judgment for Gates on the breach-of-contract claims and the denial of the Kruse parties’ cross-motion for summary judgment on Gates’ fraud and conversion claims. Gates failed to complete the sale within a reasonable time due to no fault of the seller so his earnest money deposit is forfeited. Remands for further proceedings to determine the damage award in favor of the Kruse parties and grant summary judgment in favor of them on the issues of breach of contract, fraud, and conversion.
Tony O. Girdler v. State of Indiana
73A01-1001-CR-14
Criminal. Affirms conviction of Class D felony auto theft. The state proved all the elements of auto theft against Girdler, even though he was not the original thief of the van.
Anthony E. Frink v. State of Indiana (NFP)
79A04-1002-PC-150
Post conviction. Affirms denial of petition for post-conviction relief.
Antonio Moore v. State of Indiana (NFP)
48A05-1002-CR-132
Criminal. Affirms revocation of probation ordered following Moore’s guilty plea to Class B felony dealing in cocaine.
Pierre E. Taylor v. State of Indiana (NFP)
45A05-0912-CR-730
Criminal. Affirms convictions of and 175-year aggregate sentence for murder and four counts of Class A felony attempted murder.
Jeremy James Barden v. State of Indiana (NFP)
57A03-1002-CR-64
Criminal. Affirms conviction of Class C misdemeanor leaving the scene of an accident but remands for correction of sentence.
Michael Pugh v. State of Indiana (NFP)
52A05-1002-CR-90
Criminal. Affirms sentence following guilty plea to Class B felony burglary.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
John
M. Stephenson v. Bill Wilson, Superintendent of Indiana State Prison
09-2924
U.S. District Court, Northern District of Indiana, Judge Theresa L. Springmann.
Civil. Stephenson failed to carry his burden of proving prejudice, even on the premise that his counsel should have objected
to the stun belt. The question of prejudice from Stephenson being required to wear the stun belt at the penalty hearing will
require further consideration of the District Court on remand.
The 7th Circuit Court of Appeals reversed a District judge’s decision that a man convicted of murder received ineffective
assistance of counsel during his trial because his attorney didn’t object to the state making him wear a stun belt in
court.
In affirming the involuntary termination of a mother’s parental rights, the Indiana Court of Appeals noted some troubling
details involving the case.
After a hiccup in the state judiciary’s online access to oral arguments, Indiana Court of Appeals Chief Judge John Baker
borrowed some words from television broadcasters of the past: “Please stand by.”
Indiana judges and magistrates will have to take more judicial education classes to improve their legal skills next year.