« Ind. Decisions - ND federal court imposes sanctions | Main | Environment - "Critics say little change since BP permit issued" »

Monday, August 03, 2009

Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)

For publication opinions today (1):

In Eric D. Smith v. Sgt. Thompson, DHB, and Barry Holder , a 6-page opinion, Judge Robb writes:

Eric Smith, an inmate at the New Castle Correctional Facility, appeals pro se the trial court's dismissal of his complaint as frivolous pursuant to Indiana Code section 34-58-1-2. For our review, Smith raises a single issue, whether the trial court improperly dismissed his complaint as frivolous. Concluding that Smith's claim is sufficient to withstand the initial screening of the statute with respect to Thompson but not Holder, we affirm in part, reverse in part, and remand.

On February 13, 2009, Smith filed a complaint in the trial court against Jeff Wrigley and David Ittenbach alleging deprivation of his rights under the Eighth Amendment to the United States Constitution. The trial court dismissed Smith's complaint as frivolous. As a result of the dismissal, the Department of Correction (“DOC”) charged Smith with a disciplinary rule violation for filing a frivolous claim. A disciplinary hearing was held with Sergeant Thompson serving as the sole hearing member. Thompson found Smith guilty of the charge. Smith administratively appealed the decision, and Barry Holder, acting for Superintendent Jeff Wrigley, denied the appeal.

NFP civil opinions today (2):

A.K.C. v. J.B.C. (NFP) - "The trial court did not abuse its discretion when it awarded custody of the children to Father, when it admitted the report and testimony of the custody evaluator, or when it granted Father’s motion for a change of judge. The trial court also did not abuse its discretion in the division of the parties’ personal property or the valuation of the .84-acre vacant lot. However, the trial court did not adequately explain the $16,000 disparity in its distribution of the parties’ retirement funds. Therefore, we remand to the trial court to either explain the disparity or amend the distribution of the retirement funds in a just and reasonable manner."
[ILB Note - There is no explanation given as to why the parties in this divorce case are not identified by name.]

Eric D. Smith v. Jill Matthews, Jeff Wrigley, et al. (NFP)

NFP criminal opinions today (4):

State of Indiana v. Jonathan Dant (NFP) - "The traffic stop initiated by Foy was lawful. There was reasonable suspicion justifying Foy's OWI investigation. The trial court's ruling ordering the suppression of evidence was contrary to law. We reverse."

Amos L. Stephens v. State of Indiana (NFP)

Joshua Clark v. State of Indiana (NFP)

Tonya Vinson v. State of Indiana (NFP)

Posted by Marcia Oddi on August 3, 2009 01:03 PM
Posted to Ind. App.Ct. Decisions