The Indiana Supreme Court took six cases last week, including two cases of first impression before the Indiana Court of Appeals involving attorney’s fees under the Adult Wrongful Death Statute and the modification of a felony conviction to a misdemeanor.
The Indiana Court of Appeals remanded a Medicaid benefits denial to the Administrative Law Judge because her decision lacked findings of fact making the case mostly unreviewable by the appellate court.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Belle City Amusements, Inc. v. Doorway Promotions, Inc.
35A05-0912-CV-711
Civil. Reverses award of damages for lost profits for the years 2010 through 2013 in the amount of $17,500 for each year to Doorway after Belle City cancelled its agreement with the company to provide rides and concessions for a festival. The damages were not a foreseeable consequence of the breach of the agreement between Belle City and Doorway and Indiana doesn’t allow for recovery for perceived loss of reputation or goodwill in an action for breach of contract. Affirms $24,000 award to Doorway for the 2009 rent of the Coliseum to house the festival. Remands for further proceedings.
Mickey L. Armstrong v. State of Indiana (NFP)
49A02-1001-CR-21
Criminal. Affirms conviction of robbery as a Class C felony.
Thomas Campbell v. State of Indiana (NFP)
45A03-1002-CR-67
Criminal. Affirms revocation of probation.
Jeremy L. Neal v. State of Indiana (NFP)
45A03-1003-CR-167
Criminal. Affirms sentence following guilty plea to dealing in cocaine as a Class B felony.
William Sebastian, Jr. v. State of Indiana (NFP)
14A01-1001-CR-20
Criminal. Grants petition for rehearing, modifies original decision to further instruct the trial court on remand to indicate on the revocation order and abstract of judgment the number of days that Sebastian was confined prior to the revocation of his probation, and affirms in all other respects.
Asher B. Hill v. State of Indiana (NFP)
49A02-1002-CR-132
Criminal. Affirms revocation of placement in a community corrections work release program.
Ronnie Hanley v. State of Indiana (NFP)
33A01-1001-CR-25
Criminal. Affirms conviction of Class A misdemeanor check deception.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Belle City Amusements, Inc. v. Doorway Promotions, Inc.
35A05-0912-CV-711
Civil. Reverses award of damages for lost profits for the years 2010 through 2013 in the amount of $17,500 for each year to Doorway after Belle City cancelled its agreement with the company to provide rides and concessions for a festival. The damages were not a foreseeable consequence of the breach of the agreement between Belle City and Doorway and Indiana doesn’t allow for recovery for perceived loss of reputation or goodwill in an action for breach of contract. Affirms $24,000 award to Doorway for the 2009 rent of the Coliseum to house the festival. Remands for further proceedings.
The Marion Superior Court’s Juvenile Detention Center is hosting a series of domestic violence workshops today for children detained in the facility. This is the first time the center has hosted this conference.
Federal grants from the Department of Justice will allow for enhancements to Indiana’s Protective Order Registry, including alerting victims by e-mail or text when an order is about to expire.
The purchaser of real estate through an option executed years earlier didn’t make the option unenforceable against the owner’s estate by not tendering the purchase price when exercising his option to buy the land, the Indiana Court of Appeals concluded today.
The Indiana Court of Appeals will hear arguments in Rushville and Greencastle next week as part of its “Appeals on Wheels” initiative.
Indiana Supreme Court had posted no opinions at IL deadline.
Kelly A. Fisher v. Estate of Robert Fisher, et al..
48A02-1002-EU-197
Estate. Reverses judgment in favor of the personal representatives of the Estate of Robert Fisher. The refund of the premium paid for an annuity, which Robert Fisher purchased in the name of the family limited partnership and later re-titled in his name, is the property of the family limited partnership. Orders the annuity premium refund to be deposited with the Fisher Family Limited Partnership.
Hamrick's Diesel Service & Trailer Repair, LLC v. City of Evansville, by and through its Board of Public Works
82A01-1003-PL-109
Civil plenary. Affirms summary judgment for the City of Evansville and dismissal of Hamrick’s case. Since Hamrick had no right to have its bid considered it cannot sustain a legal claim to have been deprived of a contractual right for which it is entitled to damages from the city.
Term. of Parent-Child Rel. of K.G.; A.G. v. Allen County D.C.S. (NFP)
02A03-1003-JT-341
Juvenile. Affirms termination of parental rights.
William Howard v. State of Indiana (NFP)
49A02-1002-CR-201
Criminal. Affirms conviction of Class C felony burglary.
Gary Parsons v. State of Indiana (NFP)
82A04-1003-PC-196
Post conviction. Affirms denial of petition for post-conviction relief.
Joseph C. Bannon v. State of Indiana (NFP)
29A05-1001-CR-120
Criminal. Affirms sentence following guilty plea to Class D felony attempted obstruction of justice and Class C felony reckless homicide.
Douglas Griffith v. State of Indiana (NFP)
49A02-1003-CR-342
Criminal. Affirms convictions of domestic battery as a Class D felony and battery as a Class A misdemeanor.
Kristina Byers-Escobedo v. State of Indiana (NFP)
71A05-1003-CR-208
Criminal. Affirms conviction of and sentence for Class A felony neglect of a dependent.
Stacy Price v. State of Indiana (NFP)
34A02-1004-CR-366
Criminal. Affirms conviction of Class A felony dealing in cocaine.
J.H. v. Review Board (NFP)
93A02-1005-EX-607
Civil. Affirms the dismissal of J.H.’s appeal before the Review Board of the Indiana Department of Workforce Development.
James Merket v. State of Indiana (NFP)
49A02-1003-CR-331
Criminal. Dismisses appeal of conviction of impersonation of a public servant as a Class D felony since Merket is now deceased.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Brenda Moore v. State of Indiana
49A04-1001-CR-46
Criminal. Reverses conviction of Class B misdemeanor public intoxication. Under the circumstances, Moore was not in a public place and therefore the evidence is insufficient to support a conviction of public intoxication. Judge Vaidik dissents.
St. Joseph Circuit Judge Michael Gotsch Sr. was recognized by the Indiana Coalition Against Domestic Violence Wednesday for his work addressing the needs of both children and victims of domestic violence. October is Domestic Violence Awareness month.
The Indiana Court of Appeals split today on whether a woman’s conviction of Class B misdemeanor public intoxication should be reversed because she wasn’t in a public place within the meaning of Indiana Code at the time police stopped her car.
A Northern District judge has warned two litigants that if they keep filing frivolous lawsuits they may be fined, sanctioned, or restricted.
As part of the Evansville Bar Association’s activities to commemorate its 100th anniversary, which will take place as part of their Law Day celebration in April 2011, the Evansville Vanderburgh School Corporation and the EBA announced today they will collaborate on a video of the last 100 years of the legal community in southwestern Indiana.
Because of major renovations under way at the Birch Bayh Federal Courthouse in Indianapolis, the locations of judges’ chambers have changed and courtrooms have closed.
The proposed settlement filed today in the bankruptcy case involving former General Motors sites could provide nearly $25 million for cleanup of eight Indiana sites with ties to the automaker.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Keesha Johnson v. State of Indiana (NFP)
49A04-1002-CR-98
Criminal. Reverses conviction of possession of marijuana as a Class D felony.
Howard Smallwood v. State of Indiana (NFP)
71A05-1001-PC-1
Post conviction. Affirms denial of petition for post-conviction relief.
Mark A. Rode v. State of Indiana (NFP)
91A04-1005-CR-263
Criminal. Affirms conviction of Class D felony theft.
Bruce Fivecoat v. State of Indiana (NFP)
03A01-1003-CR-132
Criminal. Affirms sentence following guilty plea to two counts of Class B felony armed robbery and one count of Class B felony criminal confinement.
Adoption of K.M.A.; R.R. v. Adoptive Parents (NFP)
29A02-1003-AD-499
Adoption. Affirms adoption order granted in favor of the adoptive parents.
Antrooine A. Manning v. State of Indiana (NFP)
45A03-1002-CR-65
Criminal. Affirms convictions of and sentence for Class B felony robbery, Class D felony resisting law enforcement, and adjudication as a habitual offender.
East Valparaiso LLC v. Physicians for Women, et al. (NFP)
64A05-1004-PL-222
Civil plenary. Affirms denial of East Valparaiso’s request for injunctive relief in a dispute over a lease agreement. Remands for further proceedings consistent with the opinion regarding the parties’ remaining claims and counterclaims.
Term. of Parent-Child Rel. of A.A. and D.R.; C.A. and J.H. v. IDCS (NFP)
48A02-1003-JT-317
Juvenile. Affirms termination of parental rights.
Marlet D. Turpin v. State of Indiana (NFP)
49A02-1003-CR-285
Criminal. Affirms convictions of Class A felony and Class C felony child molesting.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
J.B. v. E.B.
34A04-1002-DR-110
Domestic relation. Reverses trial court decision to exclude son’s counseling records at a custody modification hearing. The instant case is a proceeding within the purview of Indiana Code Section 31-32-11-1 and the counselor/client privilege does not apply. Remands for further proceedings.
The Republican winner of the primary election for Indiana House of Representatives District 74 will remain on the ballot for the general election, the Indiana Court of Appeals ruled today.
The Howard Superior Court erred in finding that the counselor/client privilege prevented the admission of a son’s counseling records during a custody modification hearing, the Indiana Court of Appeals ruled today.