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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.
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.
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.
The Indiana Supreme Court held Tuesday that although parents have a statutory right to appellate counsel to appeal an order ending their parental rights, a parent’s trial lawyer cannot pursue an appeal without the parent’s authorization.
A court with authority to hear defamation and invasion of privacy claims is not ousted of subject matter jurisdiction just because a defendant pleads a religious defense, the Indiana Supreme Court ruled today.
The Indiana Court of Appeals affirmed the admission of hearsay evidence of a woman’s testimony to an officer that her boyfriend hit her because the evidence was admissible under the excited utterance exception.
Indiana Court of Appeals
Term. of Parent-Child Rel. of J.W. and S.W.; L.W. v. IDCS (NFP)
82A01-1002-JT-124
Juvenile. Affirms termination of parental rights.
Jack Edward Martin v. State of Indiana (NFP)
02A03-1002-CR-132
Criminal. Affirms sentence following guilty plea to Class A felony burglary.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted 4 transfers and denied 26 for the week ending Sept. 17.
Indiana Supreme Court
Max Koenig v. State of Indiana
42S04-1009-CR-505
Criminal. Affirms conviction of dealing in a schedule II controlled substance as a Class B felony. The admission of the laboratory report without letting Koenig confront the person who created it was harmless beyond a reasonable doubt under Chapman v. California.
The Indiana Supreme Court granted transfer to a man’s case in order to address the application of harmless error to Sixth Amendment violations involving confronting those who create laboratory reports.
The American Civil Liberties Union of Indiana’s annual dinner this year will honor Irving Fink, an attorney who helped found the organization and Indiana Legal Services.
The Indiana Supreme Court granted transfer to four cases Sept. 17, including one involving translated transcripts presented to a jury in a drug case.
Fifteen people want to be Indiana’s next Tax Court judge. Judge Thomas G. Fisher announced in August his plans to retire Jan. 1, 2011.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Antionette Smith v. State of Indiana (NFP)
49A02-1002-CR-178
Criminal. Affirms conviction of burglary as a Class B felony.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Obed Kalwitz, Jr., et al. v. Eugene Kalwitz, et al.
46A03-0912-CV-574
Civil. Affirms small claims judgment in favor of siblings Eugene Kalwitz and Sharon Greiger in Obed Kalwitz Jr.’s suit alleging the siblings stole items from land that now belong to the siblings. Affirms ruling on counterclaim for $1,750 compensatory damages for abuse of process, $2,750 in punitive damages, and $900 in attorney’s fees. Obed and Rolene’s request for a change of judge was untimely, and their claim is barred by res judicata. Remands to the small claims court for a determination of the amount of appellate attorney’s fees and costs to which Eugene and Sharon are entitled.
The Indiana Court of Appeals ruled today for a fifth time on a contentious family dispute over the estate of deceased parents, affirming a small claims court judgment in favor of two of the siblings for damages and fees against their brother and his wife.
The U.S. District Court for the Northern District of Indiana and the Bankruptcy Court in the Northern District are seeking public comment on several proposed local rule changes.
Indiana University School of Law – Indianapolis needs judges for its annual Honorable Robert H. Staton Intramural Moot Court Competition.
Indiana Supreme Court
In the Matter of Kenneth E. Lauter
55S00-0906-DI-267
Discipline. A per curiam decision publicly reprimands attorney Kenneth E. Lauter of Morgan County because he didn’t indicate to the client what the additional retainer should be or how it would be determined, thus violating Indiana Professional Conduct Rules 1.5 (b) and (c).
Justices Brent Dickson and Robert Rucker dissented, believing that the Indiana Supreme Court Disciplinary Commission did not prove a charged violation by clear and convincing evidence and that the hearing officer correctly found no violation and recommended a finding in favor of Lauter.
Indiana Court of Appeals
Termination of Parent-Child Relationship of D.B. and A.B.; R.B. v. Indiana Dept. of Child Services (NFP)
87A01-1001-JT-107
Juvenile. Affirms involuntary termination of parental rights.
Gordon Northrup, Jr. v. State of Indiana (NFP)
79A04-1003-CR-192
Criminal. Affirms trial court properly denied motion for sentence modification.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court
In the Matter of Kenneth E. Lauter
55S00-0906-DI-267
Discipline. A per curiam decision publicly reprimands attorney Kenneth E. Lauter of Morgan County because he didn’t indicate to the client what the additional retainer should be or how it would be determined, thus violating Indiana Professional Conduct Rules 1.5 (b) and (c).
Justices Brent Dickson and Robert Rucker dissented, believing that the Indiana Supreme Court Disciplinary Commission did not prove a charged violation by clear and convincing evidence and that the hearing officer correctly found no violation and recommended a finding in favor of Lauter.
Compensation for attorney fees and other costs can be awarded under the Adult Wrongful Death Statute, ruled a Court of Appeals panel today.