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Opinions June 10, 2015 ILD

June 10, 2015

Indiana Court of Appeals
David Williamson v. State of Indiana (mem. dec.)
49A05-1408-CR-381
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Jesse Jesus Pineda, Sr. v. State of Indiana (mem. dec.)
45A03-1409-CR-340
Criminal. Affirms aggregate 15-year sentence for two counts of Class C felony child molesting.

David Burnett v. State of Indiana (mem. dec.)
49A02-1409-CR-674
Criminal. Affirms 60-year sentence for murder and Class A misdemeanor carrying a handgun without a license.

Sharla C. Williams v. TradeWinds Services, Inc., Board of Directors of TradeWinds Services, Inc., Jon Gold in his individual capacity and official capacity (mem. dec.)
45A03-1406-CT-202
Civil tort. Dismisses Williams’ appeal finding she forfeited her right to appeal by not adhering to Indiana Appellate Rule 9.

Wayne Bell and Linda Bell v. Ice River Springs Kentland, LLC (mem. dec.)
56A04-1410-PL-478
Civil plenary. Reverses summary judgment for Ice River on the Bells’ complaint that the company breached its duty of care to Wayne Bell when he fell on ice in its parking lot. Remands for further proceedings.

Gary Wright v. State of Indiana (mem. dec.)
49A02-1410-CR-693
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

Michael Sidelinger v. State of Indiana (mem. dec.)
06A05-1411-CR-543
Criminal. Affirms revocation of probation.

John Lane-El v. State of Indiana (mem. dec.)
33A01-1410-MI-451
Miscellaneous. Affirms denial of petition for writ of habeas corpus.

Opinions June 10, 2015

June 10, 2015

7th Circuit Court of Appeals
Michael A. Miller v. St. Joseph County, et al.
14-2989
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Rudy Lozano.
Civil. Affirms dismissal of Miller’s lawsuit claiming he had been discriminated against because he’s African-American. There is no evidence that the denial of his requests to fill two spots considered promotions were based on his race and he always retained his status as sergeant and same pay and benefits when he began working in the property room.

COA reverses blanket exclusion for testimony of eavesdropping officers

June 10, 2015

In a split decision, the Indiana Court of Appeals decided on interlocutory appeal that a trial court should not have issued a blanket exclusion order preventing all of the officers who eavesdropped on a defendant’s conversation with his attorney from testifying in any matter in the case.

Hussmann to retire from Southern District

June 10, 2015

U.S. District Court Magistrate Judge William G. Hussmann Jr. has announced plans to retire Jan. 31, 2016, opening another vacancy in the Indiana federal judiciary.

Wife loses appeal of custody arrangement, contempt finding

June 10, 2015

A trial court did not abuse its discretion when it found a wife in contempt of the court’s preliminary order regarding parenting time and visitation and when it entered a custody arrangement not requested by the parties, the Indiana Court of Appeals ruled Wednesday.

War vet says Indianapolis house explosion caused flashback

June 10, 2015

A war veteran has testified that a 2012 explosion that heavily damaged an Indianapolis neighborhood and killed two people caused a flashback to his time in Afghanistan.

Court ruling against gay marriage could cause legal ‘chaos’

June 10, 2015

Gay and lesbian couples could face legal chaos if the Supreme Court of the United States rules against same-sex marriage in the next few weeks.

COA: Accomplice liability instruction is harmless error

June 10, 2015

Although the trial court erred in instructing the jury during a man’s murder and attempted murder trial regarding accomplice liability as it applied to attempted murder, the error was harmless, the Indiana Court of Appeals held Wednesday.

INDOT not entitled to immunity in wrongful death action

June 10, 2015

The Indiana Department of Transportation failed to convince the Court of Appeals that it is entitled to discretionary function immunity under the Indiana Tort Claims Act in a wrongful death lawsuit brought by the estate of a construction worker killed while working on an interstate project.

COA reverses probation revocation of man unable to fully pay restitution

June 10, 2015

A trial court should not have revoked the probation of a man who was ordered to pay more than $100,000 in restitution as a condition of his probation, the Indiana Court of Appeals ruled. The man was able to prove that he could not fully pay off the balance owed because he was unable to obtain a reverse mortgage on his home.

Care facility’s petition for judicial review barred by res judicata

June 10, 2015

A Merrillville nursing facility’s third petition seeking judicial review of the state Department of Health’s decision to deny a full license to the facility was barred by a previous petition for judicial review of the matter, the Indiana Court of Appeals ruled.

7th Circuit: No evidence officer was victim of racial discrimination

June 10, 2015

The 7th Circuit Court of Appeals affirmed the grant of defendants’ motion for summary judgment on a St. Joseph County Police sergeant’s lawsuit claiming discrimination because he is African-American. The judges held the man was unable to prove discrimination after he was passed over for promotions or began working in the department’s property room.

Evidence seized from probationer’s roommate violated 4th Amendment

June 10, 2015

The Indiana Supreme Court on Tuesday reversed the partial denial of a man’s request to suppress drug evidence found during a routine warrantless search of the residence he shared with a man on probation. The probationer only consented to searches based on reasonable suspicion.

ABA denies provisional approval to Indiana Tech Law School

June 9, 2015

The American Bar Association has denied provisional accreditation to Indiana Tech Law School.

Opinions June 9, 2015 ILD

June 9, 2015

Indiana Court of Appeals
D.B. v. State of Indiana (mem. dec.)
49A02-1410-JV-757
Juvenile. Reverses adjudication for committing what would be Class A misdemeanor carrying a handgun without a license if committed by an adult.

Andrew M. Shaw v. Tera A. Shaw (mem. dec.)
87A04-1411-DR-527
Domestic relation. Affirms grant of mother’s motion to relocate with minor child.

Susan D. Troyer v. Mervin D. Troyer (mem. dec.)
20A04-1409-DR-445
Domestic relation. Affirms order denying mother’s motion for expedited hearing on transfer of school district for minor children.

James K. Chenoweth v. State of Indiana (mem. dec.)
20A04-1410-PC-465
Post conviction. Affirms denial of petition for post-conviction relief.

Sheila R. (Naum) Porter v. Brett T. Naum (mem. dec.)
49A02-1409-DR-623
Domestic relation. Affirms order on custody, emancipation and attorney fees.

Courtney L. Sharp v. State of Indiana (mem. dec.)
05A02-1411-CR-786
Criminal. Affirms sentence following guilty plea to Class C felony possession of cocaine.

Kevin Axton v. State of Indiana (mem. dec.)
27A04-1404-CR-184
Criminal. Affirms sentence for Class C felony criminal confinement, Class A misdemeanor domestic battery, Class D felony intimidation and Class B felony criminal deviate conduct.

Shelben Curtis v. State of Indiana (mem. dec.)
45A03-1410-CR-365
Criminal. Affirms convictions and sentence for Class A felony voluntary manslaughter and Class B felony aggravated battery.

Opinions June 9, 2015

June 9, 2015

Indiana Supreme Court
State Farm Mutual Automobile Insurance Company v. Kimberly S. Earl and the Estate of Jerry Earl
35S05-1408-CT-562
Civil tort. Affirms admission of Jerry Earl’s uninsured motorist policy limits into evidence at a trial involving State Farm, finding no error given the substantial evidence and correct jury instructions. Declines to create a bright-line rule involving the admission of coverage limits at trial.

Retired ILS leader gets national honor

June 9, 2015

Norman Metzger, retired executive director of Indiana Legal Services, is receiving national recognition for his work and dedication to providing legal assistance for the poor.

Suing wrong man over Indy skyline photo costs lawyer $34K

June 9, 2015

A lawyer and photographer who sued hundreds of people claiming copyright infringement of his Indianapolis skyline picture must pay almost $34,000 in legal fees to a defendant who never used the image.

Justices decline to make bright-line rule on admission of coverage limits

June 9, 2015

The Indiana Supreme Court affirmed the admission of a couple’s uninsured motorist policy limits at a trial in which the couple sued its insurer to recover under that provision. But in doing so, the justices declined requests by the Indiana Trial Lawyers Association and the Defense Trial Counsel of Indiana to adopt a bright-line rule on the admission of coverage limits.

Appeals court tosses suits challenging climate change plan

June 9, 2015

A federal appeals court on Tuesday threw out a pair of high-profile lawsuits challenging the Obama administration's sweeping plan to address climate change, saying it's too early to challenge a proposed rule that isn't yet final.

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