The Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were impaired in order to get a conviction of operating a vehicle while intoxicated.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Jamie Wicker v. Rodney McIntosh, et al.
72A05-0912-CV-743
Civil. Affirms summary judgment in favor of intervening plaintiff United Farm Family Mutual Insurance Co. on its complaint for declaratory judgment in Wicker’s negligence suit. The trial court correctly entered summary judgment in favor of the insurer as the unambiguous language of the insurance policy excludes coverage. The exception to the exclusion relied upon by Wicker does not apply as it is uncontroverted that the accident leading to the claim of damages occurred at an uninsured location.
Patrick Alvey v. Natalie K. (Alvey) Hite (NFP)
82A05-1002-DR-141
Domestic relation. The dissolution court’s failure to assign any value to Patrick’s inherited property and not including it in the marital estate is a clear error. Remands with instructions for the dissolution court to include Patrick’s inherited property in the marital estate, to value the property, and to issue and new order redistributing the marital assets and liabilities accordingly. Affirms dissolution decree in all other respects.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
David N. Rain and Paramount International Inc. v. Rolls-Royce Corp.
10-1290
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms partial summary judgment in favor of Rolls-Royce on Rain’s claim for breach of contract by breaching a non-disparagement provision in a settlement agreement after Rolls-Royce filed a Texas lawsuit involving Rain and Paramount. Affirms the judgment following a bench trial on breach of contract in favor of Rolls-Royce after Rolls-Royce asked Rain to leave an event.
The Indiana Supreme Court, Division of State Court Administration is accepting Phase V Family Court Project Grant Applications. The application includes information about the county's current judicial system, and a request for a family court grant in the amount of $10,000 to $40,000 per year, for a two-year period. Selected counties will begin operation in January 2010.
The same day it heard arguments about the dissolution of a Brown County fire district, the Indiana Supreme Court reinstated the intermediate court’s ruling on the case because of a 2-2 division caused by the recusal of Chief Justice Randall T. Shepard.
The 7th Circuit Court of Appeals twice declined to certify questions to the Indiana Supreme Court a litigant raised in his appeal of a suit involving alleged violations of a non-disparagement clause in a settlement agreement.
For only the second time, the Indiana Court of Appeals has addressed the language in a garage insurance policy, and upheld partial summary judgment in favor of the insurer.
For the first time since she was nominated to a post in the Department of Justice, Dawn Johnsen will give a public lecture at Indiana University Maurer School of Law in Bloomington on Friday.
The Senate Judiciary Committee has postponed voting on the nomination of U.S. Judge David F. Hamilton to the 7th Court of Appeals because some senators are concerned about the Indianapolis jurist's record on the bench.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Randy Horton v. State of Indiana
48A04-1001-CR-89
Criminal. Affirms convictions of and sentences for six counts of Class A felony child molesting and three counts of Class C felony child molesting. The trial court did not abuse its discretion in admitting a videotaped interview of a child-witness under the recorded recollection exception to the hearsay rule, and his sentence is not inappropriate considering the nature of the offenses and Horton’s character.
Darrian Bunch v. State of Indiana
49A04-1002-CR-120
Criminal. Reverses two of the three convictions of and sentences for criminal confinement against the same victim because they constituted only one distinct confinement and the convictions violate the Indiana Double Jeopardy clause. Remands with instructions that those two convictions and sentences be vacated. Affirms his other convictions and sentences for robbery, burglary, intimidation, criminal confinement pertaining to other victims, and carrying a handgun without a license.
R.A. v. State of Indiana
71A04-1005-JV-340
Juvenile. Reverses order that R.A. be committed to the Indiana Department of Correction given the facts of the case and the statutory policy favoring the least-harsh disposition. Remands with instructions for the juvenile court to vacate its dispositional decree and order his placement in an appropriate rehabilitative setting.
The Village Pines at the Pines of Greenwood Homeowners' Assn. Inc. v. The Pines of Greenwood Homeowners' Assn. Inc.
41A01-0912-CV-568
Civil. Reverses trial court ruling as it erred when it concluded that the controlling ordinances did not require the creation of a master homeowners’ association and for the shared use of amenities located in The Pines development. Remands for the trial court to order the parties to engage in mediation.
Marty McConnell v. State of Indiana (NFP)
18A02-1004-CR-400
Criminal. Affirms sentence following guilty plea to five counts of Class C felony robbery and one count of Class C felony possession of cocaine.
Anthony J. Woods v. State of Indiana (NFP)
49A04-1003-CR-158
Criminal. Affirms conviction of Class B felony possession of cocaine within 1,000 feet of a family housing complex.
Curtis E. Cash v. State of Indiana (NFP)
67A05-1005-CR-288
Criminal. Affirms convictions of and sentence for Class B felony attempted burglary, Class C felony attempted burglary, and being a habitual offender.
Kyle E. Beals v. State of Indiana (NFP)
49A02-1004-CR-453
Criminal. Affirms probation revocation and order Beals serve his previously suspended sentence.
Lisa Burress v. Brad Wells (NFP)
82A01-1003-DR-128
Domestic relation. Affirms modification of primary physical custody in favor of Wells and holding Burress in contempt.
Robert Burch, et al. v. Vern Penner (NFP)
85A04-1003-PL-169
Civil plenary. Affirms denial of the Burches’ motion for relief from judgment.
Tracy Trimble v. State of Indiana (NFP)
49A04-1003-CR-163
Criminal. Affirms convictions of Class D felony domestic battery and Class D felony strangulation. Remands with instructions to amend the abstract of judgment.
K.W. v. L.W. (NFP)
54A05-1003-DR-181
Domestic relation. Affirms order awarding L.W. primary physical custody of the parties’ minor child.
Michele Michaylo and Paul Michaylo v. Event Experts (NFP)
02A04-1007-SC-432
Small claims. Affirms judgment against Michaylo and in favor of Event Express for $5,800 in a dispute over a corporate sponsorship agreement.
Steve D. Eller v. State of Indiana (NFP)
14A05-0912-PC-690
Post conviction. Affirms denial of petition for post-conviction relief.
Hirman Jackson v. State of Indiana (NFP)
79A02-1001-CR-85
Criminal. Vacates conviction of and sentence for possession of a schedule I controlled substance as a Class D felony and affirms conviction of and sentence for dealing in a schedule I controlled substance as a Class B felony. Remands for a determination of Jackson’s ability to reimburse the county in part for the costs of his representation.
Jared Beeler v. State of Indiana (NFP)
02A05-1002-CR-153
Criminal. Affirms sentence following guilty plea to Class C felony child molesting, Class C felony vicarious sexual gratification, and Class A felony attempted child molesting.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted one transfer and denied 11 for the week ending Nov. 12.
7th Circuit Court of Appeals
United States of America v. Rosalio Cruz-Rea and Zoyla Garcia-Rea
09-3591, 10-1355
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard L. Young.
Criminal. Affirms convictions of and sentences of Cruz-Rea for conspiracy to possess with intent to distribute more than five kilograms of cocaine and possession with intent to distribute 500 grams or more of cocaine, and convictions of and sentences for Garcia-Rea for conspiracy to possess with intent to distribute more than five kilograms of cocaine. The government didn’t abuse its discretion in determining that the government laid sufficient foundation for an officer’s voice identification testimony under Fed. Evid. Rule 901(b)(5). Affirms in all other respects.
The Indiana Court of Appeals used common law today to reverse a judgment in favor of a man suing his business partner for failing to contribute to guarantee payments.
The 7th Circuit Court of Appeals affirmed drug convictions against two defendants, holding the lower court didn’t err in admitting a police officer’s voice identification testimony regarding one of the defendants.
The Indiana Supreme Court granted transfer to a case in which a legal professional liability insurer claimed it didn’t receive actual notice of claims against the attorney, so the former clients couldn’t collect under the plan.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Kevin L. Hampton v. State of Indiana
84A04-1002-PC-122
Post conviction. Affirms denial of petition for post-conviction relief. There was no error in omitting the requested sentence and appellate counsel did not fail to provide effective assistance.
Blake Parkins v. State of Indiana (NFP)
29A02-1002-CR-345
Criminal. Affirms conviction of criminal recklessness with the use of a motor vehicle as a Class A misdemeanor.
Christina Smith v. State of Indiana (NFP)
15A01-1003-CR-153
Criminal. Revises sentence following Smith’s guilty plea to Class C felony reckless homicide and remands for trial court to impose sentence of four years with two years suspended.
Jamarr Da-Juan Williams v. State of Indiana (NFP)
45A03-1001-CR-39
Criminal. Affirms convictions of Class A felony voluntary manslaughter, Class C felony battery, and Class C felony attempted battery.
Jane Marie Burkart v. State of Indiana (NFP)
46A03-0908-CR-385
Criminal. Affirms convictions of and sentence for five counts of Class B misdemeanor abandonment or neglect of vertebrate animals.
Kenneth W. Ellis v. State of Indiana (NFP)
25A03-1007-CR-407
Criminal. Affirms sentence following guilty plea to dealing in cocaine as a Class B felony.
Antonio Simeone, et al. v. Schreiber Lumber, Inc., et al. (NFP)
49A02-1002-CP-177
Civil plenary. Affirms judgment in favor of Dave Beck on negligence and constructive fraud claims, partial summary judgment for Schreiber Lumber, Bova’s counterclaim for breach of contract, and that the evidence supports the trial court judgment.
Jason Montgomery v. State of Indiana (NFP)
17A04-1002-CR-95
Criminal. Affirms sentence following guilty plea to Class B felony burglary.
Michael J. Kempf v. State of Indiana (NFP)
65A01-1003-CR-134
Criminal. Affirms conviction of Class D felony operating a vehicle while an habitual traffic offender.
Raymond Hannah v. State of Indiana (NFP)
48A04-1004-CR-225
Criminal. Affirms sentence following guilty plea to Class C felony nonsupport of a dependent child.
Christopher Martin v. State of Indiana (NFP)
49A04-1003-CR-152
Criminal. Affirms sentence following conviction of Class C felony reckless homicide.
Justin Stanback v. State of Indiana (NFP)
49A05-1004-CR-251
Criminal. Reverses denial of Stanback’s request to file a belated notice of appeal and remands for further proceedings.
Cory R. Dowden v. State of Indiana (NFP)
34A02-1004-CR-562
Criminal. Affirms sentence following guilty plea to Class D felony receiving stolen property.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Kevin L. Hampton v. State of Indiana
84A04-1002-PC-122
Post conviction. Affirms denial of petition for post-conviction relief. There was no error in omitting the requested sentence and appellate counsel did not fail to provide effective assistance.
Today is the 2011 Organization Day for Indiana lawmakers, typically a ceremonial day. But one tradition was slightly altered due to Secretary of State Todd Rokita’s absence.
The Indiana Court of Appeals has ordered a trial court to reconsider whether it should discharge certain charges of securities fraud because the charges fall outside the statute of limitation.
A juvenile court didn’t err in dismissing a delinquency petition against a teen who was found to be incompetent to stand trial, the Indiana Court of Appeals ruled today. The judges also found dismissing the petition did not unduly endanger the public.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Paternity of C.H.; K.L. v. M.H.
41A01-1003-JP-145
Juvenile. Affirms parenting time schedule regarding father M.H.’s time and the appointment of a parenting coordinator. The evidence showed that C.H. had bonded well with both parents and needs time with both of them, and the trial court’s assessment of M.H.’s time is not an error. The trial court didn’t error in appointing the parent coordinator given the ongoing communication difficulties the parents have had regarding the parenting time schedule.
Tony A. Holmes v. Celadon Trucking of Indiana, et al.
49A02-1007-PL-714
Civil plenary. Reverses grant of Celadon Trucking’s motion for judgment on the pleadings. Holmes began the instant suit against Celadon within the statutorily allotted time. Remands for further proceedings.
City of Jeffersonville v. Hallmark at Jeffersonville
10A01-1001-PL-22
Civil plenary. Affirms judgment in favor of Hallmark of Jeffersonville on its complaint for refund of sewer tap fees. Affirms the court’s findings and conclusion as to the proper total amount of $15,000 that Hallmark should have been assessed as a sewer tap or connection fee for the three buildings. Concludes the voluntary payment doctrine is inapplicable in this case.
In the Matter of the Unsupervised Estate of Dwight M. Wilson v. Phyllis Steward
70A01-1003-EU-104
Estate unsupervised. Affirms Steward’s claim against the estate for unpaid child support is not barred by Indiana Code Section 34-11-2-12. The evidence was sufficient to overcome the presumption of satisfaction of the judgment.
Robert L. Comer v. State of Indiana
46A05-0912-CR-718
Criminal. Affirms revocation of probation and order Comer serve the balance of his sentences. The appellate court doesn’t have jurisdiction to entertain Comer’s challenge, if any, to the sentence originally imposed.
Donald G. Kistler v. State of Indiana
35A04-1004-PC-245
Post conviction. Affirms denial of petition for post-conviction relief. Kistler did not demonstrate that he wouldn’t have pled guilty even if properly advised and his claim of ineffective assistance fails.
Wayne & Susan Vanderwier v. Joshua & Stephannie Baker
45A03-1003-CC-129
Civil collection. Affirms judgment in favor of the Bakers on their claims for fraud arising from their purchase of the Vanderwiers’ home. This evidence supports the trial court’s judgment that the Bakers established, by a preponderance of the evidence, that the Vanderwiers made fraudulent misrepresentations on the Sales Disclosure Form and that the Bakers justifiably relied on the Vanderwiers’ fraudulent disclosure of only “minor garage seepage.”
Robert Guy v. Commissioner, Indiana BMV
30A01-1001-PL-186
Civil plenary. Vacates trial court’s denial of Guy’s verified petition for order to renew his Indiana operator’s license. Because Guy only served the commissioner of the BMV and not the attorney general, as required by both the Indiana Administrative Orders and Procedures Act and Indiana Trial Rule 4.6(A)(3), the trial court did not have personal jurisdiction.
Charlotte Manns v. Amos J. Richie, et al.
37A03-1006-CT-294
Civil tort. Affirms summary judgment for Richie on Manns’ complaint for unjust enrichment. As a matter of law, Manns did not confer any benefit upon Richie.
Dewayne E. Rhye v. State of Indiana (NFP)
82A05-1004-CR-215
Criminal. Affirms sentence for Class D felony conspiracy to commit theft, Class D felony criminal recklessness resulting in serious bodily injury, and Class B misdemeanor criminal recklessness.
Raymond Lee v. State of Indiana (NFP)
49A04-1001-CR-47
Criminal. Affirms habitual offender adjudication and sentence for Class C felony burglary and Class D felony theft.
Stephen Quick, II v. State of Indiana (NFP)
23A05-1005-CR-292
Criminal. Affirms denial of motion for change of judge and 125-year sentence for three counts of Class A felony child molesting.
Jose L. Macias v. State of Indiana (NFP)
20A03-1004-CR-237
Criminal. Affirms conviction of Class A felony dealing in cocaine.
Term. of Parent-Child Rel. of J.A.; S.J.M. and J.A. v. I.D.C.S. (NFP)
20A03-1004-JT-228
Juvenile. Affirms involuntary termination of parental rights.
In Re: The Guardianship of Patrick Hill; Kristin S. Hill v. Michael W. Hill (NFP)
49A04-0906-CV-339
Civil. Affirms probate court’s order appointing Michael Hill as guardian over son Patrick.
In the Matter of I.D.; T.D. v. IDCS (NFP)
49A05-1003-JC-198
Juvenile. Affirms finding that I.D. is a child in need of services.
Sharla Hackney and Raymond Hackney, Sr. v. Stacy G. Toole (NFP)
41A01-1003-CC-121
Civil collection. Affirms summary judgment for Toole in Sharla Hackney’s suit for negligence.
Ronald Fisher v. State of Indiana (NFP)
49A02-1004-CR-411
Criminal. Affirms conviction of Class D felony theft.
Gerardo Delao v. State of Indiana (NFP)
15A01-1004-CR-228
Criminal. Affirms sentence imposed following admission to violating probation.
James R. Stephens v. Brenda K. Stephens (NFP)
33A05-1006-DR-434
Domestic relation. Dismisses James Stephens’ appeal of the order regarding his child support arrearage because his appeal is untimely.
Indiana Tax Court had posted no opinions at IL deadline.