The city of Indianapolis’ refusal to grant some homeowners’ requests for a partial refund of Barrett Law assessments violated the Equal Protection Clause, the Indiana Court of Appeals ruled Friday.
All posts by Chris Buckley
IN COA: Store Not a Beneficiary of Letters of Credit
Indiana Lawyer Article
The Indiana Court of Appeals ruled a department store has no rights derived from letters of credit between a bank and the man developing the site for a new store location.
Recent Opinions
Indiana Court of Appeals
Randy Tony v. Elkhart County
57A05-0906-CV-312
Civil. Reverses grant of summary judgment for Elkhart County in Tony’s suit he had been constructively discharged in retaliation for his worker’s compensation claims. The county failed to establish as a matter of law that Tony was not constructively discharged and there is sufficient evidence for Tony to proceed on his claim.
Z.S. v. J.F.
29A02-0907-JV-709
Juvenile. Affirms order granting mother J.F.’s motion for relief from judgment. Mother established surprise, where father failed to serve her, whom he knew was without counsel, with his petition for custody and she was unaware that the custody would be determined at the final hearing.
Crystal Sanquenetti v. State of Indiana
61A01-0907-CR-344
Criminal. Reverses 4-year sentence following guilty plea to Class C felony nonsupport of a dependent child. The nature of Sanquenetti’s offense doesn’t support the advisory sentence. Remands with instructions for the trial court to revise her sentence to 2 years executed. Judge Vaidik dissents.
Aaron Michael Rohr v. State of Indiana
40A01-0906-CR-302
Criminal. Affirms denial of Rohr’s request to set bail. The hearing held by the trial court didn’t deny Rohr the ability to challenge evidence against him and to present evidence of his innocence, his right to present witnesses, or his right to counsel. The affidavit he submitted doesn’t establish his innocence in the murder of his girlfriend’s son.
Emmanuel Dwayne Branch v. State of Indiana
82A04-0905-CR-265
Criminal. Affirms sufficiency of the evidence supporting Branch’s conviction for failing to register as a sex offender as a Class D felony. Although Branch didn’t have a new principal residence, his principal residence address did change and he was required to register the change of his address within 72 hours pursuant to I.C. 11-8-8-11. Judge Riley dissents.
Burkhart Advertising, Inc. v. City of Fort Wayne
02A03-0904-CV-183
Civil. Affirms summary judgment for Fort Wayne and denial of Burkart’s motion for summary judgment. Burkhart’s attempt to convert a breach of contract claim against its landlord into a takings claim against the city fails.
Grinnell Mutual Reinsurance Co. v. Joe Ault and Edie L. Ault, et al.
25A03-0905-CV-205
Civil. Reverses grant of summary judgment for the Aults and remands with instructions to enter summary judgment for Grinnell on the issue of whether Grinnell’s policy affords coverage for the Aults’ judgment against the Kings, who were insured by Grinnell. The policy unambiguously excludes coverage for any “bodily injury” suffered by the Aults’ daughter.
‘Vampire’ Sentenced for Threatening Judge
Indiana Lawyer Article
A man who believes he’s a vampire pleaded guilty Wednesday to one count of Class D felony intimidation for threats he made toward a Marion Superior Judge in 2008.
IN COA Rules on Re-registration of Offenders
Indiana Lawyer Article
Two sex offenders serving or who had completed their 10-year registration period shouldn’t have been required to re-register for another 10-year period after being convicted of any other crime, the Indiana Court of Appeals concluded today.
Circuit Certifies Question for Supreme Court
Indiana Lawyer Article
The 7th Circuit Court of Appeals concluded an Indiana statute dealing with salvage titles is ambiguous and it should be up to the state’s highest court to interpret it.
Kids Fine in Florida, Mom Facing a Custody Interference Charge
This should be a message to those of you readers that may not think that violations of family court orders are not serious business.
A Valparaiso man’s three children are on their way home from Largo, Fla., to be re-united with their father after Valparaiso Police said that the man’s ex-wife violated a judge’s custody order and removed them from their home and then hit the road, the Porter County Prosecuting Attorney’s Office said today.
Gun Lawsuit Misfires Over Clerical Error
Wrong amendment cited in man’s case challenging city’s gun-return policy; judge dismisses claim
Indianapolis Star Article
A hot-button lawsuit challenging Indianapolis police’s gun-return policy ended this week, but not because of the lawyers’ arguments.
It was a simple clerical error that led a U.S. District Court judge to dismiss the suit.
Court Issues Judgment in Absentee Ballot Case
The Marion Circuit Court has outlined the required procedures for dealing with the county’s absentee ballots following a suit that accused the Marion County Election Board of not following statute.
Among the findings:
1. An equal number of clerks should be appointed by both major political parties.
2. The Election Board shall retain the power to determine the validity of absentee ballot envelope signatures.
3. The Election Board shall maintain and provide to the major political parties a list of all noted absentee ballots.
4. An absentee ballot may only be placed into the ballot box after the absentee voter’s application is properly executed.
5. Placement of a name on a home foreclosure list or a voter getting an eviction notice isn’t a sufficient basis for a challenge.
6. The election board is also required to give to challengers and precinct board members written instructions before any election.
I will post an update to this article as soon as the full-text of the decision becomes available.
Nonprofit Sues Over DCS Rate Cuts
A nonprofit organization made up of agencies that provide services to abused and neglected kids is suing the Indiana Department of Child Services for cutting rates paid to the agencies next year.