Indiana Lawyer Article

The Indiana Judges Association announced today the recipients of the 2009 Commendations for Excellence in Public Information and Education. Recipients included Tim Young of the Newburgh Register and Ken Kosky of the Northwest Indiana Times.

INDIANA TAX COURT

Michael H. Klosinski and Phyllis J. Klosinski v. Dept. of Local Government Finance (NFP)
49T10-0909-TA-50
Tax. Grants the department’s Indiana Trial Rule 12(B)(1) motion to dismiss for lack of subject matter jurisdiction the Klosinskis’ 2008 tax year claim and Rule 12(C) motion for judgment on the pleadings on the Klosinskis’ 2007 tax year claim.

INDIANA COURT OF APPEALS

A.V. v. State of Indiana
49A02-0905-CR-417
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated. Defendant’s excessive speed, regardless of the driving conditions or her proximity to others, is sufficient to establish endangerment of a person and support her conviction.

David Nick Reinhart a/k/a Rick Reinhart v. Gregg W. Boeck
06A04-0905-CV-286
Civil. Affirms summary judgment for Boeck on his claim that Reinhart is jointly and severally liable for his business partner’s fraudulent sale of unregistered securities. Boeck has demonstrated that the notes were unregistered securities, that Thomas sold him those securities, and that Reinhart was Thomas’ partner under the Indiana Uniform Securities Act.

Curtis Outlaw v. State of Indiana
49A02-0904-CR-340
Criminal. Reverses conviction of operating a vehicle while intoxicated as a Class A misdemeanor. The state presented sufficient evidence to show Outlaw was intoxicated but holds that the state was required to submit proof of “endangerment” that went beyond mere intoxication in order for the defendant to be convicted of operating while intoxicated as a Class A misdemeanor.

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.