The Indiana Court of Appeals reversed partial summary judgment to a city that collected a lower monthly bill rate than what was required for wastewater treatment from a town for 15 years and then sued to recover more than $500,000 it believed was owed to it. The city never informed the town the sewage treatment rate increased or that it was embroiled in a lawsuit over the matter.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Involuntary Commitment of G.M.
33A01-1006-MH-325
Mental health. Holds that the committing court’s conclusion for the basis of its order to commit G.M. – that he was incapable of providing himself food, clothing, shelter, or other essential human needs – wasn’t supported by the evidence. G.M. may be determined to be gravely disabled under another definition set forth in statute. Remands for a review of G.M.’s care and treatment.
Michelle Daub v. State of Indiana (NFP)
85A02-1003-CR-325
Criminal. Affirms denial of motion to suppress.
J.R. v. Review Board (NFP)
93A02-1001-EX-4
Civil. Affirms denial of request for unemployment benefits.
Antelmo Juarez v. State of Indiana (NFP)
20A05-1006-CR-405
Criminal. Affirms conviction of and sentence for murder.
Tiara N. White v. State of Indiana (NFP)
29A04-1005-CR-341
Criminal. Affirms sentence imposed following revocation of probation.
Justin Morris v. State of Indiana (NFP)
54A04-1005-CR-325
Criminal. Affirms sentence following guilty plea but mentally ill to murder and Class B felony arson.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Involuntary Commitment of G.M.
33A01-1006-MH-325
Mental health. Holds that the committing court’s conclusion for the basis of its order to commit G.M. – that he was incapable of providing himself food, clothing, shelter, or other essential human needs – wasn’t supported by the evidence. G.M. may be determined to be gravely disabled under another definition set forth in statute. Remands for a review of G.M.’s care and treatment.
As part of a three-day program that includes state finals for a civics competition that the Indiana Bar Foundation oversees, students will witness a naturalization ceremony this evening in downtown Indianapolis.
The Indiana Supreme Court has accepted two cases, one involving how public safety officials notify the driving public about icy road conditions and a second case delving into what state law requires when it comes to property tax changing land annexations.
The Indiana Supreme Court is searching for someone new to lead the state’s Board of Law Examiners after Linda L. Loepker resigned earlier this week.
Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
David Snowberger v. State of Indiana
09A02-1005-CR-570
Criminal. Reverses revocation of probation. Snowberger’s plea agreement to nonsupport of a dependent child required the state to show his failure to pay child support to be willful and he has the ability to make payments before his probation could be revoked. The evidence was insufficient to support the revocation.
G.D. v. Review Board
93A02-1007-EX-718
Civil. Reverses denial of G.D.’s motion to reinstate his appeal from an adverse determination of his claim for unemployment benefits. There is nothing in the record to support the director of Unemployment Insurance Appeals’ or the review board’s decisions to deny his motion to reinstate his appeal based upon the lack of showing of good cause. Remands for further proceedings.
Jonathon L. Dillard v. State of Indiana (NFP)
71A03-1008-CR-427
Criminal. Affirms conviction of Class D felony attempted theft.
Carlene L. Henry v. State of Indiana (NFP)
49A04-1006-CR-326
Criminal. Affirms conviction of Class D felony theft.
Tommie Reives v. State of Indiana (NFP)
49A02-1006-CR-796
Criminal. Affirms denial of petition for earned credit time.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
David Snowberger v. State of Indiana
09A02-1005-CR-570
Criminal. Reverses revocation of probation. Snowberger’s plea agreement to nonsupport of a dependent child required the state to show his failure to pay child support to be willful and he has the ability to make payments before his probation could be revoked. The evidence was insufficient to support the revocation.
The Indiana Supreme Court has ordered that a man’s sentence be reduced after the lower appellate court increased it on appeal.
Mark Massa, the Republican candidate for Marion County prosecutor, is the new chairman of the Alcohol & Tobacco Commission. Gov. Mitch Daniels announced the appointment Thursday.
Indiana Lawyer sponsors the annual Federal Civil Practice Update for the Southern District of Indiana: Practical Tips from the Bench and the Bar CLE event on Dec. 17. Among the speakers will be event chair and moderator John Maley of Barnes & Thornburg, as well as Chief Judge Richard Young, Judge Tanya Walton Pratt, and Magistrate Judge Debra McVicker Lynch, all from the U.S. District Court, Southern District of Indiana. Registration begins at 1 p.m.; the program runs from 1:30 to 4:45 p.m. at Barnes & Thornburg, 5th Floor Conference Center, 11 S. Meridian St., Indianapolis. Attendees are invited to a reception following the program. Cost is $99, and three hours of CLE and New Lawyer credit is available. Click here 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]. Registrations are due by Dec. 15.
In an order dated Wednesday and posted on the website for the 7th Circuit Court of Appeals today, a Nov. 29 opinion from that court was amended following a motion filed by the defendants on Dec. 2 to delete a reference to the defendants as “silly” and “unprofessional.”
The following opinion was posted after IL deadline:
Indiana Supreme Court
Dannie Ray Runyon v. State of Indiana
57S04-1006-CR-317
Criminal. Affirms revocation of probation for failure to pay child support. The state has the burden to prove that a probationer violated a term of probation and that, if the term involved a payment requirement, the failure to pay was reckless, knowing, or intentional. The defendant probationer has the burden to show facts related to an inability to pay and indicating sufficient bona fide efforts to pay to persuade the trial court that further imprisonment shouldn’t be ordered. Justice Sullivan dissents.
Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Cavin E. Pogue v. State of Indiana
49A02-1001-CR-37
Criminal. Reverses conviction of Class A misdemeanor criminal trespass because Pogue had a limited contractual interest that gave him the right to be on the property in question at the time of his arrest. Affirms conviction of Class A misdemeanor resisting law enforcement because his failure to drop a box cutter following a demand to do so by police amounts to the forcible obstruction of the law enforcement officer’s lawful execution of his duties.
Brenda Truedell-Bell v. Marion County Treasurer and Auditor
49A04-1003-MI-215
Miscellaneous. Affirms denial of petition for preliminary injunction to remove Truedell-Bell’s property from the property tax sale pending the outcome of her appeal for property tax reassessment. Truedell-Bell did not follow the proper administrative tax appeal procedure to have her property removed from the tax sale.
Lashann Montez Winfield v. State of Indiana (NFP)
46A03-0909-CR-413
Criminal. Affirms conviction of Class D felony failure to register as sex offender.
James A. Bridges v. State of Indiana (NFP)
49A02-1003-CR-373
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated.
Phyllis A. Merriweather v. State of Indiana (NFP)
49A02-1005-CR-478
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.
Purcell Turner, Jr. v. State of Indiana (NFP)
71A03-1004-CR-217
Criminal. Affirms conviction of Class C felony burglary.
Donald Lee Smith v. State of Indiana (NFP)
16A05-1006-CR-360
Criminal. Affirms revocation of probation before the probationary period began and before he had been to his intake interview or signed the conditions of probation.
Felecia M. Rorer v. State of Indiana (NFP)
02A05-1005-CR-293
Criminal. Affirms sentence for Class C felony battery.
David M. Burks-Bey v. Tippecanoe County Jail, et al. (NFP)
79A05-1004-MI-225
Miscellaneous. Reverses dismissal of Burks-Bey’s suit claiming the jail and others denied him access to prepare his pro se criminal defense. Remands for the trial court to conduct a hearing on whether the complaint should be dismissed.
In the Matter of B.D., Alleged to be CHINS; S.D. v. IDCS (NFP)
49A02-1005-JC-630
Juvenile. Affirms order finding that reasonable efforts to reunify the mother and her child aren’t required and the order changing the permanency plan for B.D. from reunification to adoption.
Kimberly Covey v. Steven Covey (NFP)
55A05-1004-DR-298
Domestic relation. Dismisses appeal of order dissolving marriage.
Tyson D. Warner v. State of Indiana (NFP)
48A02-1005-CR-548
Criminal. Affirms denial of motion to compel the production of two pieces of evidence Warner alleges were used against him at his probation-revocation hearing.
Jean Lukes v. Lisa A. Moore (NFP)
48A02-0909-CV-837
Civil. Affirms small-claims judgment in favor of Moore in an action against Lukes arising from home improvements performed by Moore.
Carlos M. Drane v. State of Indiana (NFP)
49A02-0912-CR-1251
Criminal. Affirms conviction of murder.
Troy Flanagan v. State of Indiana (NFP)
49A02-0910-CR-963
Criminal. Affirms convictions of corrupt business influence and three counts of attempting to receive stolen property.
Shanta Vance v. State of Indiana (NFP)
48A04-1002-CR-321
Criminal. Affirms revocation of probation.
Susan Kirk v. Aaron Kirk (NFP)
52A02-1005-DR-594
Domestic relation. Affirms the trial court did not abuse its discretion in denying Susan’s request for a continuance and that the trial judge did not err in not recusing himself during the final hearing. Affirms that the trial court did not err in excluding an alleged debt from the marital property or abuse its discretion in valuing and dividing that marital property.
Term. of Parent-Child Rel. of A.C., et al.; T.C. and J.C. v. I.D.C.S. and Lake County CASA (NFP)
45A04-1004-JT-283
Juvenile. Affirms termination of parental rights.
Lewis Jerome McNeary v. State of Indiana (NFP)
18A02-1005-CR-580
Criminal. Affirms sentence following guilty plea to Class C felony reckless homicide.
James K. Bohannon v. State of Indiana (NFP)
40A01-1004-CR-190
Criminal. Affirms conviction of Class B felony arson.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed because the charging information didn’t let the man know what vehicle he needed to defend against operating.
7th Circuit Court of Appeals
American Bank v. City of Menasha, et al.
10-1963
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Theresa L. Springmann.
Civil. Order corrects sentence in original opinion from Nov. 29, 2010.
The state must prove a probationer accused of violating a term involving a payment by not paying did it recklessly, knowingly or intentionally. The burden is on the probationer to show an inability to pay, the Indiana Supreme Court decided in an opinion handed down Wednesday afternoon.
The Indiana Court of Appeals hits the road Friday to visit Hamilton Southeastern High School in Fishers for oral arguments in an interlocutory appeal involving the denial of a motion to suppress.
A probate court incorrectly allowed an estate to deduct three farm-related expenses from its inheritance tax return, but affirmed the deduction of the remaining nine in question, the Indiana Tax Court ruled Tuesday.
A police officer had reasonable suspicion to stop the car of a man who parked illegally in a handicapped spot after the car made it on to the street, ruled the Indiana Court of Appeals.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Phillip Forman v. Wayne Penn, et al.
33A01-1007-CT-343
Civil tort. Dismisses appeal because it isn’t certified for interlocutory appeal or authorized as an appeal from a final judgment pursuant to Ind. Trial Rule 54(B).
Kerry Reinhart v. Kelli Reinhart
36A01-1006-DR-276
Domestic relation. Affirms order denying Kerry’s motion to modify child support ordered pursuant to a decree dissolving the Reinharts’ marriage. Because Kerry agreed to a support amount in excess of the guideline amount, he is estopped to rely on that differential under I.C. Section 31-16-8-1(2) as the sole ground for modifying child support. He may petition to modify child support if he can show a substantial and continuing change in circumstances as to warrant modification.
Andre Goodman v. State of Indiana (NFP)
49A02-1004-CR-402
Criminal. Affirms convictions of Class D felony criminal recklessness; Class A misdemeanors interference with the reporting of a crime, possession of paraphernalia, and resisting law enforcement; and the finding Goodman is a habitual offender.
Dillion Yakym v. State of Indiana (NFP)
71A04-1005-CR-347
Criminal. Affirms sentence for Class A felony rape and remands for the imposition of consecutive sentences.
Tamra A. Thompson v. Duane Thompson (NFP)
64A03-1003-DR-240
Domestic relation. Affirms decree dissolving marriage.
Paul Fox v. State of Indiana (NFP)
49A05-1003-CR-193
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
Steven Brown v. State of Indiana (NFP)
49A02-1002-CR-206
Criminal. Affirms admission of evidence relating to a statement Brown made to police in which he admitted robbing the gas station in question. Reverses one conviction of Class B felony robbery and remands for it to be vacated. Affirms convictions of Class B felony robbery, two counts of Class B felony criminal confinement, and Class C felony carrying a handgun without a license.
George Feltner, Jr. v. State of Indiana (NFP)
17A04-1005-CR-293
Criminal. Affirms conviction of and sentence for Class A felony child molesting.
J.R. v. Review Board (NFP)
93A02-1006-EX-606
Civil. Affirms denial of petition for unemployment benefits.
David A. Terry v. State of Indiana (NFP)
33A05-1004-CR-305
Criminal. Affirms convictions of three counts of Class A felony dealing in a schedule II controlled substance, Class D felony maintaining a common nuisance, and two counts of Class C felony possession of a schedule II controlled substance. Revises sentence and remands for re-sentencing.
Robert Anthony Solomon v. State of Indiana (NFP)
48A02-1005-CR-587
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine; Class D felonies maintaining a common nuisance and resisting law enforcement; and Class A misdemeanors possession of marijuana and carrying a handgun without a license.
Kurtis Reynolds v. State of Indiana (NFP)
49A04-1004-CR-224
Criminal. Affirms conviction of Class B misdemeanor public intoxication.
Merle Hawkins v. State of Indiana (NFP)
49A05-1005-CR-279
Criminal. Affirms convictions of Class D felony possession of paraphernalia and Class C misdemeanor panhandling.
Dmitriy V. Sklyarov v. State of Indiana (NFP)
18A04-1004-CR-228
Criminal. Affirms convictions of and sentence for Class B felony robbery and Class D felony pointing a firearm at another person.
In the Matter of B.J.N., Alleged to be CHINS; K.S. and R.S. v. Allen County DCS (NFP)
02A05-1005-JC-383
Juvenile. Affirms denial of a motion to correct error following denial of the parents’ motion to intervene and motion to deny change of placement of B.J.N.
Brandi Terry v. Damien Terry (NFP)
41A01-1009-DR-437
Domestic relation. Affirms order finding Brandi in contempt for denying Damien extended parenting time for the summer and the opportunity for additional parenting time pursuant to the right of first refusal.
The Indiana Tax Court had posted no opinions at IL deadline.