Bankruptcy court amends local rules
The United States Bankruptcy Court for the Northern District of Indiana has adopted revisions to its local rules, which took effect Aug. 3.
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Articles
Circuit judges order court to take another look at Batson challenge
Based on the record before them, the 7th Circuit Court of Appeals judges were unable to make an informed decision about the District Court’s decision to deny a defendant’s Batson challenge, so the judges sent the case back to the lower court.
7th Circuit upholds mail fraud convictions
Although it found the evidence presented in a mail fraud case “thin,” the 7th Circuit Court of Appeals viewed it as enough to send the case involving three Calumet Township Trustee’s Office employees to the jury.
Opinions Aug. 8, 2011 ILD
7th Circuit Court of Appeals
United States of America v. Wynell Gray
10-3936
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Affirms convictions of Medicaid fraud and conspiracy to defraud the government and a sentence of 33 months in prison and $846,115 in restitution to Indiana Medicaid. Even if the timestamp evidence were Brady material that the prosecution had concealed from the defense, that concealment wouldn’t have been a reversible error because the evidence would not have changed the outcome of the trial assuming the jury was reasonable. The judge’s declining to tell the jury that a witness had refused treatment at the courthouse for an illness before testifying was proper. A person will often refuse treatment because he is feeling better, not just because he is trying to not testify.
Indiana Supreme Court posted no opinions at IL deadline.
Indiana Court of Appeals
Karamchand Paul, et al. v. Home Bank SB
55A01-1012-MF-635
Mortgage foreclosure. Affirms summary judgment for Home Bank SB and the denial of summary judgment for Drs. Paul, Singh, and Ansari regarding guaranties for a subordinate loan. The superior loan and the subordinate loan were two entirely separate contractual transactions, and the integration clause in the superior guaranty integrated only those agreements that were part of the negotiations directly leading to the superior loan. The doctors can’t now complain that the bank failed to advise them as to the meaning of the superior guaranty because they failed to read the guaranty or seek the advice of legal counsel before signing.
Brad Curtis and Rhonda Curtis v. The National Insurance Group and Celina Insurance Group (NFP)
01A05-1011-CT-718
Civil tort. Affirms summary judgment for The National Mutual Insurance Co. and Celina Insurance Group on the Curtises’ complaint for damages for breach of contract, violation of Indiana insurance law, and bad faith.
Paul Davis v. State of Indiana (NFP)
49A02-1012-CR-1445
Criminal. Affirms order that Davis serve the entirety of his previously suspended sentence following a probation violation.
Robert Fiedler v. Indiana Office of Environmental Adjudication, et al. (NFP)
49A02-1011-MI-1263
Miscellaneous. Affirms dismissal of Fiedler’s petition for judicial review of an administrative permit.
Leroy H. Hall v. State of Indiana (NFP)
49A02-1101-PC-65
Post conviction. Reverses denial of petition for post-conviction relief and remands for a hearing and decision consistent with the Indiana Rules of Post-Conviction Relief.
Phillip D. Fairholm v. State of Indiana (NFP)
48A02-1101-CR-84
Criminal. Affirms order that Fairholm serve the entire five years of his suspended sentence following the revocation of probation.
Joseph Lundy v. State of Indiana (NFP)
49A04-1012-CR-765
Criminal. Affirms denial of motion to suppress evidence.
B.G. v. J.B. (NFP)
52A02-1101-DR-11
Domestic relation. Dismisses B.G.’s appeal of the order modifying custody of his children, parenting time, and child support.
Alex Callison v. State of Indiana (NFP)
28A01-1103-CR-133
Criminal. Affirms sentence following guilty plea to Class A felony burglary, Class B felony rape, Class B felony criminal deviate conduct, and Class D felony intimidation.
Jerome Williams v. State of Indiana (NFP)
49A04-1008-PC-547
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Tax Court posted no opinions at IL deadline.
The Indiana Supreme Court denied transfer to 16 cases for the week ending Aug. 5.
Opinions Aug. 8, 2011
7th Circuit Court of Appeals
United States of America v. Wanda Joshua, et al.
10-2140, 10-2181, 10-2182
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Philip Simon.
Criminal. Affirms convictions of two counts of mail fraud. Although the evidence of the mailing element of mail fraud was thin, it was enough to send the case to the jury. Finds the defendants arguments that Skilling v. United States requires the court to set aside their convictions, and that the District Court improperly instructed the jury regarding their advice-of-counsel defense have no merit.
Online court employee training begins Aug. 18
In an effort to give a general introduction of the judicial system to new trial court employees, a new online training program has been created and is now open for enrollment.
Scott County joins statewide CMS
Scott County is the latest county to become connected to Odyssey, a case management system that has slowly been implemented throughout the state.
Lawyer can argue for cost-of-living adjustment for increased fees
The 7th Circuit Court of Appeals has decided that an attorney that successfully represented a client in a Social Security disability benefits suit should be allowed to make a request for a cost-of-living adjustment that would exceed the maximum $125 per hour that can be awarded under the Equal Access to Justice Act.
Opinions Aug. 5, 2011 ILD
7th Circuit Court of Appeals
Rik Lineback, Regional Director of the 25th Region of the National Labor Relations Board, for and on behalf of the NLRB v. Irving Ready-Mix, Inc.
11-1371
U.S. District court, Northern District of Indiana, Fort Wayne Division, Judge Jon E. DeGuilio.
Civil. Affirms injunction under Section 10(j) of the National Labor Relations Act ordering Irving Ready-Mix Inc. to stop certain unfair labor practices pending a final administrative decision by the National Labor Relations Board. There was no error or abuse of discretion by the District judge.
Indiana Supreme Court posted no opinions at IL deadline.
Indiana Court of Appeals
Guardianship of L.W.; S.M. v. M.W. and S.W. (NFP)
33A01-1102-GU-79
Guardianship. Affirms denial of mother S.M.’s petition to terminate M.W. and S.W.’s guardianship over her son.
David and Karen Marks v. Northern Indiana Public Service Co. (NFP)
45A05-1011-CT-675
Civil tort. Affirms summary judgment for NIPSCO in the Markses’ negligence action.
Indiana Tax Court posted no opinions at IL deadline.
Opinions Aug. 5, 2011
7th Circuit Court of Appeals
Jayne A. Mathews-Sheets v. Michael J. Astrue, Commissioner of Social Security
10-3746
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Reverses denial of request for $25,200 in attorney fees after prevailing in a suit for Social Security disability benefits. On remand the plaintiff’s lawyer will have to show that without a cost-of-living increase that would bring the fee award up to $170 per hour, a lawyer capable of competently handling the challenge that his client mounted to the denial of Social Security disability benefits could not be found in the relevant geographical area to handle such a case.
UPL victims urged to claim refunds
The Office of the Indiana Attorney General is asking the victims of the United Financial Systems unauthorized practice of law case to apply soon if they want to receive restitution.
Bankruptcy filings drop
The number of people filing for bankruptcy around the United States has decreased as compared to the same time last year, according to the Administrative Office of the U.S. Courts.
Deadline for Shook Scholarship extended
The Indianapolis Bar Foundation has extended the deadline for its Neil E. Shook Scholarship, which is given to a second-year student at Indiana University School of Law – Indianapolis.
Judges reverse ruling mechanic’s lien has priority over mortgages
The Indiana Court of Appeals ruled there was no reason for a trial judge to disregard the state’s priority statutes regarding liens and mortgages and find that a construction company’s mechanic’s lien has priority over previously recorded mortgages.
Opinions Aug. 4, 2011 ILD
Indiana Supreme Court posted no opinions at IL deadline.
Indiana Court of Appeals
Terrence Williams v. State of Indiana
49A02-1101-CR-9
Criminal. Reverses denial of Williams’ petition that a handgun seized by police be released to his counsel. Williams asked the gun be returned after his carrying a handgun without a license charge was dismissed. Williams’ inability to lawfully possess a handgun, without more, doesn’t prevent the return of the gun to his counsel.
Lisa Fouce v. State of Indiana (NFP)
27A04-1011-CR-695
Criminal. Affirms convictions of and sentence for Class C felony forgery and Class D felony theft.
Robert Holland v. Manufacturers and Traders Trust Co., et al. (NFP)
45A04-1004-PL-324
Civil plenary. Affirms judgment in favor of intervenor Richard Loveless in Robert Holland’s quite title lawsuit.
Roy Kelley, Jr. v. State of Indiana (NFP)
48A02-1011-CR-1197
Criminal. Affirms sentence for Class B felony aggravated battery.
Timothy & Stephanie Mackall v. Cathedral Trustees, Inc. (NFP)
49A02-1104-CC-281
Civil collections. Affirms the trial court had subject matter jurisdiction to enforce its judgment entered in favor of Cathedral for the Mackalls’ breach of contract or non-payment of tuition.
Roy Austin Smith v. State of Indiana (NFP)
77A05-1011-PL-726
Civil plenary. Affirms partial summary judgment to the Indiana Department of Correction regarding whether he filed a notice with the Indiana attorney general and IDOC within 180 days of his loss as required by the Indiana Tort Claims Act.
Bryan E. Clark v. State of Indiana (NFP)
16A01-1011-CR-604
Criminal. Affirms 12-year sentence executed in the Department of Correction.
Betsy Waters v. Indiana State University (NFP)
93A02-1101-EX-78
Agency appeal. Reverses denial of worker’s compensation benefits and remands for proceedings consistent with the opinion.
Adoption of X.B.M.; H.P. and A.P. v. K.M. (NFP)
68A05-1012-AD-775
Adoption. Affirms denial of H.P. and A.P.’s petition to adopt their grandson.
Joel T. Martinez v. State of Indiana (NFP)
49A02-1012-CR-1325
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated in a manner that endangered a person.
Marcus Bailey v. State of Indiana (NFP)
82A04-1012-CR-761
Criminal. Affirms conviction of Class A felony dealing in cocaine.
Indiana Tax Court posted no opinions at IL deadline.
Opinions Aug. 4, 2011
Indiana Court of Appeals
Terrence Williams v. State of Indiana
49A02-1101-CR-9
Criminal. Reverses denial of Williams’ petition that a handgun seized by police be released to his counsel. Williams asked the gun be returned after his carrying a handgun without a license charge was dismissed. Williams’ inability to lawfully possess a handgun, without more, doesn’t prevent the return of the gun to his counsel.
COA applies sports injury conduct rule
Less than three months after the Indiana Supreme Court issued a decision about sports injury cases, the state’s intermediate appellate court is now applying the new rule regarding how liability should be determined.
AG: DCS out-of-state placements shouldn’t be reviewable by courts
An Indiana Supreme Court decision upholding three statutes relating to juvenile judges’ authority on out-of-state placement cases created what the state attorney general’s office calls too much confusion, and the justices should revisit the ruling it made a little more than a month ago.
Judges order hearing on unemployment benefits
A man, whose request for a continuance in a hearing regarding his unemployment benefits was denied by an administrative law judge, is entitled to a hearing on the matter, the Indiana Court of Appeals ruled Thursday.
Opinions Aug. 3, 2011 ILD
Indiana Supreme Court posted no opinions at IL deadline.
Indiana Court of Appeals
T.W. v. Review Board
93A02-1011-EX-1223
Agency action. Reverses finding that T.W. was ineligible to receive unemployment benefits as a result of his failure to disclose self-employment. There is no statutory or evidentiary basis for a finding that T.W.’s failure to disclose his relationship with Professional Labor Services would disqualify him from receiving benefits, reduce his benefits, or render him ineligible for benefits or extended benefits. Remands for further proceedings.
Brian D. Hayes v. Westminster Village North, Inc.
49A02-1010-CT-1141
Civil. Reverses summary judgment for Westminster Village North in Hayes’ survivor action for negligence caused by medical malpractice and claim for wrongful death. There is a dispute of fact as to whether Dorothy Rodarmel was mentally incompetent and therefore under a legal disability and Indiana’s Journey’s Account Statute applies. Remands for further proceedings.
Dustin L. Coleman v. State of Indiana (NFP)
05A02-1012-CR-1397
Criminal. Affirms conviction of Class B felony neglect of a dependent.
John G. Young v. State of Indiana (NFP)
89A01-1011-CR-574
Criminal. Affirms conviction of and sentence for Class B felony dealing in a schedule II controlled substance.
David W. Glasgow v. State of Indiana (NFP)
34A05-1012-CR-817
Criminal. Affirms conviction of Class D felony possession of marijuana.
Thaddeus Rodriguez v. State of Indiana (NFP)
64A05-1002-CR-69
Criminal. Affirms convictions of Class B felony burglary and Class A misdemeanor resisting law enforcement.
Larry D. Nash-Aleman v. State of Indiana (NFP)
49A02-1011-CR-1183
Criminal. Affirms convictions of Class D felony strangulation, Class A misdemeanor domestic battery, and Class A misdemeanor interfering with the reporting of a crime.
Michael E. Hurst v. State of Indiana (NFP)
48A04-1010-CR-622
Criminal. Affirms sentence following guilty plea to Class D felony criminal recklessness.
Term. of Parent-Child Rel. of A.S., et al.; A.S. v. I.D.C.S. (NFP)
02A03-1012-JT-657
Juvenile. Affirms termination of parental rights.
Indiana Tax Court posted no opinions at IL deadline.