Judge affirms assessment of theater
The Indiana Tax Court affirmed the 2006 assessment of a Marion movie theater, finding the Grant County assessor is essentially asking the court to reweigh the evidence, which it cannot do.
neglect
Articles
Defendants not negligent in father’s suicide, murder of daughter
A father’s decision to crash a plane his daughter was in – killing them both – superseded any negligence that may be attributed to his flight instructor or other defendants in a wrongful death action, the Indiana Court of Appeals held Thursday.
Curry denies White’s request for special prosecutor
Marion County Prosecutor Terry Curry said Thursday that his office will not grant Secretary of State Charlie White’s request to appoint a special prosecutor to investigate White’s allegations of voter fraud by former U.S. Senator Evan Bayh and his wife Susan.
Opinions Oct. 20, 2011 ILD
The following opinion was posted after IL deadline Wednesday:
Indiana Supreme Court
Otha S. Hamilton v. State of Indiana
49S02-1110-CR-621
Criminal. Affirms Hamilton’s conviction of Class A felony child molesting, but remands with instructions to revise his 50-year sentence to 35 years. Finds the circumstances of the case and his criminal history don’t support imposing the maximum sentence. Justice Dickson dissents.
Thursday’s opinions
7th Circuit Court of Appeals had posted no opinions at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Citimortgage, Inc. v. Shannon S. Barabas a/k/a Shannon Sheets Barabas, ReCasa Financial Group, LLC, and Rick A. Sanders
48A04-1004-CC-232
Civil collection. Grants rehearing to clarify reasoning for denying amended default judgment in favor of ReCasa. The correct interpretation of Indiana Code 32-29-8-3 is that the one-year redemption period begins after the sale of the property, not after Citimortgage first acquired an interest in the property. Affirms original opinion in all respects. Judge Brown dissents in part.
Chase Home Finance, LLC v. Nicholas George Bobis (NFP)
37A03-1104-MF-134
Mortgage foreclosure. Affirms dismissal of Chase Home Finance’s complaint with prejudice.
Thedell Polk v. State of Indiana (NFP)
48A05-1004-PC-295
Post conviction. Affirms denial of petition for post-conviction relief.
Opinions Oct. 20, 2011
Indiana Court of Appeals
Beth Ann Johnson, Mother of: Emily Johnson, Deceased Minor Child v. Lance Jacobs, Steven J. Cummins, Stacy Cummings, Lawrence County Board of Aviation Commissioners, Tony Newbold, Lawrence Co. Comm.
47A01-1102-CT-35
Civil tort. Affirms summary judgment for all the defendants in Johnson’s suit for damages in daughter Emily’s wrongful death. Her ex-husband Eric’s intentional criminal acts were a superseding intervening cause between any alleged negligence of the defendants and Emily’s death.
Ethics scandal costs Duke Energy in 2 rulings
A 2010 ethics scandal involving the chief legal counsel for the state’s utility regulatory agency, who presided over cases favorable to Duke Energy Corp. in the months prior to taking a job at the utility, has come back to bite the state’s biggest electric utility.
Opinions Oct. 19, 2011 ILD
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
Alan Massey v. State of Indiana
49A05-1012-PC-808
Post conviction. Affirms denial of petition for post-conviction relief. Even though the jury was improperly instructed regarding the elements of voluntary manslaughter, Massey wasn’t entitled to the voluntary manslaughter instruction because his girlfriend’s words ending their relationship do not constitute sufficient provocation to induce sudden heat. He also failed to carry his burden to show that the sentencing issue was significant.
Carolyn S. Baird v. State of Indiana
82A01-1106-CR-185
Criminal. Affirms convictions of infractions for operating a motor vehicle without financial responsibility, failure to register and failure to have the proper license for operating a motorcycle. The evidence was sufficient to support these convictions. Reverses her conviction of Class A misdemeanor driving while suspended with a prior conviction because there was insufficient evidence. Remands with instructions to enter a conviction of the lesser included offense of driving while suspended, a Class A infraction.
Barker Industrial Park, Inc., Clara Barker and Charles E. Barker v. Ken Cut Lawn Service, Inc. (NFP)
49A05-1104-PL-201
Civil plenary. Reverses attorney fee award to the Bakers and remands for recalculation. Also on remand, the trial court should explain its prejudgment interest calculation and correct its total judgment calculation.
Marquinn McGruder v. State of Indiana (NFP)
49A04-1102-CR-29
Criminal. Affirms convictions of Class A misdemeanors carrying a handgun without a license and possession of marijuana.
Zachary Thomas v. State of Indiana (NFP)
49A02-1009-CR-1143
Criminal. Affirms conviction of Class D felony residential entry.
Remy Inc. v. Ice Miller LLP and Kathy S. Kiefer (NFP)
49A02-1012-CT-1419
Civil tort. Affirms summary judgment for Ice Miller and Kiefer on Remy’s legal malpractice claim.
Jeffrey J. Whitmer v. Nancy J. Whitmer (NFP)
85A02-1103-DR-283
Domestic relation. Affirms in part and reverses in part the order that set aside substantial sums to Nancy following the sale of property at auction for expenses she claimed to have incurred, as most of the expenses she requested were either untimely raised or were an improper attempt to relitigate the equal property distribution. Remands with instructions.
Danny L. Slaven v. State of Indiana (NFP)
18A02-1101-PC-116
Post conviction. Affirms in part and reverses in part the denial of petition for post-conviction relief. Remands for resentencing.
Darren B. Stone v. State of Indiana (NFP)
51A01-1103-PC-154
Post conviction. Affirms denial of petition for post-conviction relief.
K.B.S. v. State of Indiana (NFP)
71A04-1104-JV-251
Juvenile. Affirms order placing K.B.S. at a private residential facility after the juvenile court found she committed what would be Class A misdemeanor criminal conversion if committed by an adult.
Christopher Davies v. State of Indiana (NFP)
34A05-1103-CR-136
Criminal. Affirms order Davies serve the 18-month balance of his suspended sentence following a probation violation.
Kevin Legg v. State of Indiana (NFP)
49A02-1102-CR-76
Criminal. Affirms convictions of Class B felony rape, Class B felony criminal deviate conduct and Class D felony criminal confinement.
James Lee v. State of Indiana (NFP)
49A04-1103-PC-152
Post conviction. Affirms denial of petition for post-conviction relief.
Sergio Esqueda v. Alfredo and Maria Ponce (NFP)
93A02-1105-EX-476
Agency appeal. Affirms denial of application for adjustment of claim.
Valentin Jaramillo v. State of Indiana (NFP)
76A03-1103-PC-125
Post conviction. Affirms denial of petition for post-conviction relief.
Rumero Ziebell v. State of Indiana (NFP)
82A01-1012-PC-694
Post conviction. Affirms in part and reverses in part the denial of Ziebell’s petition for post-conviction relief. Remands for the post-conviction court to order the habitual offender enhancement in the murder case to be served concurrent with the habitual offender enhancement in the drug case.
Ayron Saylors v. State of Indiana (NFP)
27A05-1102-PC-99
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Oct. 19, 2011
Indiana Court of Appeals
Alan Massey v. State of Indiana
49A05-1012-PC-808
Post conviction. Affirms denial of petition for post-conviction relief. Even though the jury was improperly instructed regarding the elements of voluntary manslaughter, Massey wasn’t entitled to the voluntary manslaughter instruction because his girlfriend’s words ending their relationship do not constitute sufficient provocation to induce sudden heat. He also failed to carry his burden to show that the sentencing issue was significant.
COA upholds $300,000 verdict, addresses ‘patient abandonment’
The Indiana Court of Appeals has ruled on the first of hundreds of medical malpractice claims filed against a former ear-nose-throat specialist in Merrillville, upholding a $300,000 jury verdict and also delving into novel legal issues that haven’t been widely addressed by the state’s appellate courts.
Bankruptcy fees increase Nov. 1
On Nov. 1, several fees will increase in the United States Bankruptcy Court’s Southern District of Indiana, including the Title 11 administrative fee, AP filing fee and notice of appeal fee.
EnerDel parent facing shareholder legal battle
A federal judge in New York as early as this week could chose a lead plaintiff from among at least three lawsuits accusing the parent of Indianapolis-based advanced-battery maker EnerDel of misleading investors about its financial condition.
Supreme Court upholds life without parole sentence
The Indiana Supreme Court has affirmed a man’s murder and robbery convictions and left in place his sentence of life without the possibility of parole.
Justices rule trial court didn’t err in granting mistrial
The Indiana Supreme Court found that although a defendant didn’t consent to a mistrial, the trial judge didn’t abuse his discretion in finding that a mistrial was justified by “manifest necessity.”
Man pleads guilty to espionage, theft
A Chinese national and former employee of Dow AgroSciences LLC pleaded guilty Tuesday to economic espionage and theft of trade secrets in federal court. Kexue Huang’s case is the first prosecution in Indiana for foreign economic espionage.
Symposium will look at constitutionality of Affordable Care Act
Indiana University Maurer School of Law will conduct a mini-symposium on the constitutionality of the federal health care legislation in honor of a former professor at the law school.
Opinions Oct. 18, 2011 ILD
7th Circuit Court of Appeals
Bruce Barton v. Zimmer Inc.
10-2212
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Affirms summary judgment for Zimmer Inc. on Barton’s claims for discrimination and retaliation in violation of the Age Discrimination in Employment Act and for interference with his right to reinstatement under the Family Medical Leave Act. Barton’s ADEA claims fail for lack of causation and any available remedy. There is also no evidence of retaliation, and he has no claim under FMLA because when Barton returned to work after his medical leave, the company assigned him equivalent duties without regard to his medical leave.
Indiana Court of Appeals
Espiridion Estudillo v. Maria E. Estudillo
91A02-1102-DR-97
Domestic relation. Affirms property division following dissolution proceedings. The trial court did not abuse its discretion in considering the husband’s interest in property he titled to his adult daughter when dividing the marital estate nor when it determined two cars were not marital property. The trial court didn’t err by determining the extensive evidence of dissipation justified an unequal distribution of the marital property.
Gregg Miller v. America's Directories Inc. and Studio A Advertising and Marketing (NFP)
71A04-1011-CT-738
Civil tort. Affirms summary judgment for America’s Directories Inc. and Studio A Advertising and Marketing on Miller’s wrongful termination claim.
Joaquin Starks v. State of Indiana (NFP)
82A01-1006-CR-266
Criminal. Affirms conviction of felony murder.
Justin A. Van Brunt v. State of Indiana (NFP)
59A01-1104-CR-177
Criminal. Reverses sentence following guilty plea to three counts of Class B felony burglary and three counts of Class D felony theft. Reduces sentence to 10 years.
Timothy Platt v. Indianapolis Public Transportation Corporation (NFP)
49A02-1105-CT-417
Civil tort. Affirms order dismissing Platt’s petition for “declaration of rights & status” regarding a contract.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Oct. 18, 2011
7th Circuit Court of Appeals
Bruce Barton v. Zimmer Inc.
10-2212
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Affirms summary judgment for Zimmer Inc. on Barton’s claims for discrimination and retaliation in violation of the Age Discrimination in Employment Act and for interference with his right to reinstatement under the Family Medical Leave Act. Barton’s ADEA claims fail for lack of causation and any available remedy. There is also no evidence of retaliation, and he has no claim under FMLA because when Barton returned to work after his medical leave, the company assigned him equivalent duties without regard to his medical leave.
Justices accept 2 cases, decline feticide case
The Indiana Supreme Court has taken two cases and declined to accept more than two dozen petitions seeking transfer.
Legal story wins best documentary
The story of the legal battle to free a woman from prison after 26 years took the top documentary award at the Heartland Film Festival.
‘Law Day’ to host 121 schools
Representatives from 121 law schools will attend Indiana University Bloomington Law Day on Oct. 25 to meet with prospective students and talk about admission procedures and requirements.