Indiana Court of Appeals
Green River Motel Management of Dale, LLC, et al. v. State of Indiana
74A05-1104-PL-169
Civil plenary. Affirms denial of Green River’s motion for summary judgment. A state action that merely alters the flow of traffic or causes access by a more circuitous route can’t give rise to a taking as a matter of law. Affirms on all other respects.
Jan Aikman Dickson, the wife of Indiana Justice Brent E. Dickson, will be inducted into the Warren E. Burger Society Friday. Membership in this society honors those who have shown a commitment to improving the administration of justice through service or support to the National Center for State Courts.
If an agreement between the members of Congress passes, Legal Services Corp. will see its budget reduced by 14 percent. The U.S. House of Representatives Appropriations Committee had previously proposed cutting it by 17 percent.
Tackling an issue of first impression, the Indiana Court of Appeals concluded that an arbitration provision in a loan agreement from a payday loan provider is null and void on the grounds of impossibility because the arbitrator named in the document is no longer available.
The Indiana Supreme Court suspended a Logansport attorney for one year because he routinely allowed his secretary to prepare and sign his name on bankruptcy petitions and other court documents, including one petition that she mistakenly filed in the wrong District.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Clayter Hale v. SS Liquors, Inc., and Safe Step, Inc.
73A01-1104-CT-179
Civil tort. Affirms summary judgment for SS Liquors and Safe Step Inc. on Hale’s personal injury negligence action. Declines to say that slipping and falling in a bathtub while taking a shower is something that does not happen “in the ordinary course of things.” There is no evidence that the bathtub at the time of Hale’s fall was unreasonably safe.
In the Matter of the Guardianship of J.K., J.G. v. A.K. (NFP)
66A03-1005-JP-345
Juvenile. Affirms order denying father J.G.’s motion to terminate grandmother A.K.’s temporary guardianship of his daughter J.K. and the order granting A.K.’s petition for permanent guardianship over the daughter.
Roland Devoe v. State of Indiana (NFP)
49A02-1104-CR-312
Criminal. Affirms decision to join two causes against Devoe.
Gregory Brooks, Jr. v. State of Indiana (NFP)
45A04-1012-CR-766
Criminal. Affirms sentence following guilty plea to two counts of murder in perpetration of a robbery.
David J. Wierenga v. State of Indiana (NFP)
79A02-1101-CR-159
Criminal. Affirms sentence following guilty plea to Class C felony auto theft and habitual offender status.
Joshua D. Sutton v. State of Indiana (NFP)
29A05-1104-CR-223
Criminal. Affirms convictions of three counts of contributing to the delinquency of a minor as Class A misdemeanors.
Jason Ross v. State of Indiana (NFP)
12A05-1102-CR-82
Criminal. Affirms convictions of Class D felony operating a vehicle as a habitual traffic violator and Class A misdemeanor possession of drug paraphernalia.
North Lake Nursing and Rehabilitation Center, LLC d/b/a North Lake Rehabilitation Center v. The Estate of Cocteus Mason by Special Administrator, Tyniesha Spears (NFP)
45A03-1105-CT-229
Civil tort. Affirms denial of North Lake’s motion for preliminary determination of a proposed complaint filed with the Indiana Department of Insurance.
Wilson Makori v. State of Indiana (NFP)
71A03-1103-CR-103
Criminal. Affirms convictions Class A misdemeanor operating while intoxicated, which was enhanced to a Class D felony based on a previous OWI conviction, resisting law enforcement and criminal recklessness.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court denied transfer to one case for the week ending Nov. 11.
Indiana Court of Appeals
Jesse Puckett v. State of Indiana
90A02-1104-CR-369
Criminal. Reverses sentencing decision that required Puckett to serve his entire previously suspended four-year sentence after Puckett admitted to violating his probation for Class C felony child molesting. The trial judge’s statement of reasons for the sentence is problematic. Holds it is improper when revoking probation for a trial court to find that the defendant actually committed a more serious crime than the one or ones of which he or she was originally convicted. Remands for another hearing regarding the revocation of probation.
The Indiana Court of Appeals has ordered a new probation revocation hearing for a Wells County man after finding the reasons by the special judge as to why the man should serve his entire previously suspended sentence were “problematic.”
Indiana Lawyer is sponsoring Practicing Law in Indiana: Ethics Update CLE event “There but for the grace … A Candid Conversation Concerning Practice Pitfalls for the Unwary” Nov. 30 in Indianapolis. Featured speakers Sally Franklin Zweig of Katz & Korin and Julia Blackwell Gelinas of Frost Brown Todd, both former members of the Indiana Supreme Court Disciplinary Commission, will discuss recent cases and trends. The program is moderated by Donald Lundberg of Barnes & Thornburg.
Registration and lunch begin at 11:15 a.m.; the program is from noon to 1 p.m. at Barnes & Thornburg, 5th Floor Conference Center, 11 S. Meridian St., Indianapolis. The cost is $40 per attendee or $35 for government employees and includes a lunch. One hour of CLE/Ethics credit is available. Visit Indiana Lawyer's events page www.theindianalawyer.com/events to register online or to download a printable registration form. For questions or more information, contact Karen Aruta at 317-472-5201 or [email protected].
The county prosecutor who signed and later cancelled a book deal about his involvement in the murder trial of David Camm will not be allowed to serve as prosecutor at Camm’s third trial.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Clarence Oatts v. Ferguson-Watkins & Associates (NFP)
49A05-1009-CT-581
Civil tort. Affirms summary judgment in favor of Oatts’ former attorney on Oatts’ suit claiming the attorney didn’t provide him a copy of expenditures for work performed and hadn’t returned money paid to hire an expert.
Richard S. Samuels v. State of Indiana (NFP)
49A02-1101-PC-123
Post conviction. Affirms denial of petition for post-conviction relief.
Michelle Lynch v. State of Indiana (NFP)
49A04-1103-CR-85
Criminal. Affirms conviction of Class A misdemeanor criminal mischief.
Charles Mullen v. State of Indiana (NFP)
49A02-1012-PC-1415
Post conviction. Affirms denial of petition for post-conviction relief.
A.H. v. State of Indiana (NFP)
49A05-1104-JV-210
Juvenile. Affirms adjudications as a delinquent for what would be Class C felony burglary and Class D felony theft if committed by an adult.
James A. Smith v. State of Indiana (NFP)
40A01-1103-CR-122
Criminal. Affirms sentence following guilty plea to attempted murder and kidnapping as Class A felonies and two counts of Class C felony battery.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
D.E. v. State of Indiana
49A02-1103-JV-319
Juvenile. Affirms adjudication as a delinquent through D.E.’s plea agreement. D.E. didn’t demonstrate that the waivers in the plea agreement didn’t comport with Ind. Code 31-32-5-1. Placement of D.E. in a juvenile correction facility was not an abuse of discretion.
In what’s expected to be a historic constitutional test over how much power the federal government has to require individual mandates for states, the Supreme Court of the United States will consider the constitutionality of the Affordable Care Act passed in 2010.
The Indiana Court of Appeals affirmed the acceptance of a minor’s plea agreement that was not signed by either of his parents because the signature of the minor and his attorney on the plea agreement satisfied statutory requirements.
The Indiana Code Revision Commission will hold its second meeting Tuesday. Members will discuss proposed technical corrections and other matters.
Phi Alpha Delta, Hamill Chapter, will host a 2012 legislative preview from 4:30 to 6 p.m. Tuesday at Indiana University School of Law – Indianapolis, Inlow Hall, Wynne Courtroom, 530 W. New York St.
The Supreme Court of the United States has granted certiorari in a case that questions whether the city of Indianapolis violated the federal Constitution in how it handled refunds for residents who paid assessments on local sewer projects.
A legislative study committee has approved proposed changes to state law that it hopes the Indiana General Assembly will consider in response to a state Supreme Court decision earlier this year.
The Indiana Supreme Court, Court of Appeals, and Tax Court are closed Friday in observance of Veterans Day.
The Indiana Supreme Court will visit Indiana University South Bend and Notre Dame Law School Monday to hear arguments in two cases, including one in which a teen was sentenced to life without parole for murdering his brother.