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In a case of first impression, the Court of Appeals reversed and remanded with instructions a trial court’s modification
of a criminal sentence from a Class D felony to a Class A misdemeanor nine years after the appellee-defendant pleaded guilty
to operating a vehicle while intoxicated.
A 60-day clock has started for Gov. Mitch Daniels to choose the next Indiana Supreme Court justice, after three names were
officially sent to him Thursday afternoon.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Raytheon
Engineers & Constructors, Inc. v. Sargent Electric Company Ryerson Tull, Inc., et al.
45A04-0909-CV-524
Civil. Affirms grant of summary judgment to the third-party defendant, Sargent Electric Company. Raytheon Engineers and Constructors
Inc., the third-party plaintiff in the trial court, appealed the grant of summary judgment and raised the following issue
for review: whether the trial court erred when it granted Sargent’s motion for summary judgment. COA held Sargent did
not breach its duty of care to Raytheon and that Raytheon is not entitled to indemnification from Sargent.
Rebecca
Abbott v. Mainsource Financial Group
93A02-0912-EX-1261
Civil. Affirms single denial of Abbott’s application for adjustment of claim with the Worker’s Compensation Board
of Indiana against her employer, MainSource Financial Group. Abbott sought compensation for two prescription medications she
alleged she must take indefinitely as a result of her work-related injury. A single hearing judge concluded the evidence did
not support her contention that the prescriptions were necessitated by her work-related injury. When she petitioned the full
board to review the single hearing judge’s decision, the board affirmed the judge’s decision following a hearing.
Patrick
Roberts, et al. v. Robert A. Feitz, et al.
71A04-0910-CV-581
Civil. Affirms the trial court’s judgment in favor of appellees-defendants Robert and Bob Feitz’ counterclaim,
determining that the Feitzes are legal owners of the disputed access lane.
Crystal
Summerlot v. State of Indiana (NFP)
85A02-1002-CR-303
Criminal. Affirms convictions of and sentences for two counts of Class C felony dealing in a schedule IV controlled substance.
David
L. Green v. State of Indiana (NFP)
29A02-1002-PC-141
Post-conviction. Affirms denial of petition for post-conviction relief.
Lester
Rowe v. State of Indiana (NFP)
49A02-0911-PC-1061
Post-conviction. Affirms denial of petition for post-conviction relief.
Justin
A. Heintzelman v. State of Indiana (NFP)
02A04-0911-CR-648
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class A misdemeanor operating a vehicle while
suspended.
William
Scott Phillips v. State of Indiana (NFP)
34A05-1003-CR-162
Criminal. Affirms sentence for Class D felony theft and Class D felony possession of a controlled substance.
Cynthia
A. Soames v. Indiana Dept. of Natural Resources and Thomas A. Young/Young Oil Company (NFP)
49A05-0912-CV-726
Civil. Affirms trial court’s denial of Soames’ verified petition for judicial review of the Natural Resource
Commission’s final order requiring her to refrain from interfering with Thomas Young/Young Oil Company’s efforts
to plug three oil wells on her property.
Angel
Braster v. Indiana Department of Child Services (NFP)
02A05-1002-PL-121
Civil plenary. Affirms trial court order upholding a finding of the Department of Child Services, which substantiated that
Braster had abused a child in her care.
Julian
D. Grady v. State of Indiana (NFP)
02A04-1004-CR-210
Criminal. Affirms conviction of robbery, a Class B felony; and pointing a firearm, a Class D felony.
Larry
O. Holder Jr. v. State of Indiana (NFP)
63A01-1002-CR-65
Criminal. Affirms trial court’s order revoking probation and imposing the previously suspended portion of Holder’s
sentence for burglary, a Class B felony.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
State
of Indiana v. Jeffrey Brunner
57A04-1003-CR-121
Criminal. Reverses and remands with instructions trial court’s October 2009 order modifying Brunner’s August
2000 conviction from a Class D felony to a Class A misdemeanor. The parties raised two issues for review.
Attorney annual registration statements mailed last month may contain an error because of programming, but state officials
say lawyers don’t have to correct that specific problem.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
State of Indiana v. Genaro Luna
09A02-0907-CR-694
Criminal. Affirms acquittal on eight counts of child molesting. Waives state’s question of law about whether the trial court should not have admitted evidence of the victim’s previous allegations of molesting against someone who was not charged. Also, because factual determinations are not appropriate on appeal as a reserved question of law, declines to review the trial court’s decision to admit the evidence.
Indiana Bureau of Motor Vehicles v. Seth McNeil
02A03-1001-MI-90
Miscellaneous. Reverses order reinstating McNeil’s driving privileges, which had been suspended for 10 years after he was found to be a habitual traffic violator. The two-year statute of limitations under Indiana Code Section 34-11-2-4 does not apply.
Stephanie Deel v. Conrad Deel (NFP)
73A01-0912-CV-606
Civil. Reverses calculation of Conrad Deel’s arrearage. Affirms in all other respects. Remands for further proceedings.
Jerimiah Morris v. State of Indiana (NFP)
34A05-1001-CR-16
Criminal. Affirms sentence following guilty plea to Class D felony possession of marijuana.
Ellington Jeffrey, et al. v. Kirsh and Kirsh, et al. (NFP)
45A03-1001-CT-31
Civil tort. Affirms trial court properly dismissed the New York law firm for lack of personal jurisdiction in adoption case.
Agnes Jones v. State of Indiana (NFP)
49A02-0912-CR-1283
Criminal. Affirms conviction of Class B misdemeanor criminal recklessness.
Edward Broadus, Jr. v. State of Indiana (NFP)
71A03-1003-CR-158
Criminal. Affirms convictions of Class C felony forgery, and resisting law enforcement, a Class D felony upon which judgment was entered as a Class A misdemeanor.
Warren Rodrick Bullock v. State of Indiana (NFP)
32A01-0908-CR-401
Criminal. Affirms conviction of Class D felony criminal confinement and reverses conviction of Class D felony domestic battery. Remands for trial court to enter a conviction for the lesser included offense of Class A misdemeanor domestic battery and sentence Bullock accordingly.
Billy D. Taylor v. State of Indiana (NFP)
52A05-1002-CR-84
Criminal. Affirms sentence following guilty plea to Class C felony sexual misconduct with a minor.
Myron Rickman v. State of Indiana (NFP)
27A04-1002-CR-80
Criminal. Affirms sentence following guilty plea to eight counts of Class A felony child molesting, one count of Class C felony child molesting, and one count of Class C felony criminal confinement.
R.J. v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)
93A02-1002-EX-243
Civil. Affirms decision that R.J. left work without good cause.
Term. of Parent-Child Rel. of N.B. and V.B.; S.E.S. v. IDCS (NFP)
18A02-1001-JT-9
Juvenile. Affirms termination of parental rights.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
United
States of America v. Adam Williams
09-3174
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Affirms convictions of and sentence for illegal possession of a firearm as a felon and various drug distribution
offenses. Williams couldn’t satisfy his burden under either prong of the Strickland standard, so the District
Court’s refusal to investigate further his perceived problems with his attorney is a harmless abuse of discretion. Because
Williams was convicted of a violent felony, his claim that Section 922(g)(1) unconstitutionally infringes on his right to
possess a firearm is without merit.
The Indiana Court of Appeals reversed today the denial of a mentally ill man’s motion to dismiss charges against him
because not dismissing the charges was a violation of his due process rights.
The 7th Circuit Court of Appeals expanded caselaw today when ruling on a defendant’s request for new counsel.
The Indiana Judicial Nominating Commission and Indiana Commission on Judicial Qualifications are looking for a new attorney
member.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Justin Davis v. State of Indiana (NFP)
49A05-1001-CR-6
Criminal. Affirms convictions of murder, two counts of Class C felony robbery, Class C felony attempted robbery, and Class A misdemeanor carrying a handgun without a license.
Aaron D. Ellis v. State of Indiana (NFP)
15A01-1001-CR-56
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.
Jason T. Fabini v. Joanne M. Fabini (NFP)
02A03-1003-DR-152
Domestic relation. Affirms order granting Jason Fabini’s motion to modify child support.
Edward Ray Kind v. State of Indiana (NFP)
79A02-1003-CR-291
Criminal. Affirms sentence following guilty plea to two counts of Class A felony dealing in cocaine, one count of Class A felony possession of cocaine, and one count of Class D felony maintaining a common nuisance.
Robert L. Terry v. State of Indiana (NFP)
49A02-0910-CR-993
Criminal. Grants petition for rehearing for the sole purpose of remanding the case to the trial court for clarification on whether the trial court’s order to suspended Terry’s driving privileges for a fixed period of two years and 90 days was contrary to law.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Wells Fargo Insurance v. Bruce A. Land
48A02-0911-CV-1099
Civil. Affirms Land is entitled to commission on all of his 2005 crop-year policies. By Feb. 2, 2006, the date of Land’s
resignation, the sales had been consummated, and his right to the 2005 crop-year commissions had fully accrued, subject only
to receipt of the premium payments.
The Sherman Minton Moot Court competition at Indiana University Maurer School of Law is seeking judges for this fall’s
competition.
Because a former employee wasn’t aware of nor agreed to a plan that would effectively limit his earnings from selling crop insurance, the Indiana Court of Appeals affirmed based on Indiana law that he was entitled to his commission he secured in 2005 even if premiums weren't received until later. The appellate court did, however, reduce the amount of money his former employer owed him due to draws and set-offs.
Indiana Supreme Court had posted no opinions by IL deadline.
Indiana Court of Appeals
James
Chenoweth v. State of Indiana (NFP)
20A03-0912-CR-566
Criminal. Affirms convictions of two counts of Class A felony child molesting.
John
W. Sawyer v. State of Indiana (NFP)
48A04-1001-CR-129
Criminal. Affirms revocation of probation.
Yul
Anderson and Rachel Anderson v. Ronald E. Weldy (NFP)
30A01-0906-CV-271
Civil. Remands for the trial court to make a determination on Weldy’s claim of fraud and for contractual attorney fees
and costs under the lease agreement. Rules the trial court did not err in granting summary judgment in Weldy’s favor
regarding his breach-of-contract claim, and that the court correctly dismissed the Andersons’ counterclaims of tortuous
interference with a business relationship and slander.
Ashley
Smith v. State of Indiana (NFP)
48A02-1001-CR-7
Criminal. Affirms convictions of and sentences for Class D felony operating a vehicle while intoxicated and Class A misdemeanor
operating while intoxicated in two separate causes, and affirms violation of probation in another cause.
Janell
Peery v. Indiana Department of Child Services (NFP)
72A01-0910-CV-497
Civil. Affirms dismissal of petition for judicial review of Indiana Department of Child Services’ decision affirming
substantiated findings of child abuse and neglect.
William
G. McLaughlin v. State of Indiana (NFP)
85A02-1002-CR-260
Criminal. Affirms denial of petition for permission to file a belated notice of appeal.
Indiana Tax Court had posted no opinions by IL deadline.
The Indiana Court of Appeals today ruled that insufficient notice barred a complaint for damages in a case involving a condominium
complex and its various longtime issues.
Indiana Court of Appeals
F.B.
Boushehry v. City of Indianapolis, et al.
49A05-1002-PL-55
Civil. Affirms trial court’s grant of summary judgment in the city’s favor because Boushehry’s claim did
not meet the Indiana Tort Claims Act notice requirement.
The Indiana Court of Appeals affirmed the dismissal of a real estate broker’s action to vacate an arbitration award
to another broker. In doing so, the appellate court extended judicial and quasi-judicial immunity to arbitrators and their
sponsors.
The Indiana Supreme Court granted three transfers and dismissed one case during its conference late last week, when the justices
examined a total 35 cases that were before them for possible transfer.
The governor has appointed Barbara L. Cook Crawford as the newest Marion Superior judge. She will replace former Marion Superior
Judge Tanya Walton Pratt, who was appointed to the U.S. District Court’s Southern District of Indiana in June.