Indiana Supreme Court
State of Indiana Ex Rel., Indiana Supreme Court Disciplinary Commission v. Derek A. Farmer
Attorney discipline. Rejected petition to enjoin unauthorized practice of law, holding that the Disciplinary Commission failed to prove that Farmer had engaged in the unauthorized practice of law, and failed to convince the court that Farmer could not have reasonably expected to be authorized for temporary admission due to a pending disciplinary proceeding.
Indiana Court of Appeals
In the Matter of the Adoption of Minor Children: C.B.M. and C.R.M.: C.A.B. v. J.D.M. and K.L.M.
Adoption. Reverses trial court’s denial of birth mother’s petition to set aside the adoption decree and remands for further proceedings, finding that the state’s consent to the adoption of C.B.M. and C.R.M. was arbitrary and capricious and in derogation of the birth mother’s procedural due process right to a meaningful appeal of the termination order, which was overturned prior to the grant of the adoption decree.
Peabody Energy Corp., Peabody Coal Co., LLC, and Black Beauty Coal Co. v. Richard F. Roark and Beelman Truck Co., and North American Capacity Ins. Co.
Civil Tort. Affirms its opinion in all regards to reverse a trial court’s grant of summary judgment to North American Capacity Insurance Co. In its petition for a rehearing, NAC argued the opinion did not explain if it had a duty to indemnify or only a duty to defend. The COA rejected the argument on the grounds it was not raised on appeal.
Steven Hook, Jr. v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony battery with a deadly weapon.
Erich Wilhelmi v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for three years in prison with two executed for a conviction of Class D felony failure to return to the scene of an accident resulting in serious bodily injury.
In Re: 2009 Marion County Tax Sale Parcel No. 1019054; Darryl W. Finkton, Sr. v. Auditor of Marion County, Treasurer of Marion County, and Indy-East Asset Development Corp. (NFP)
Miscellaneous/tax sale. Affirms reissuance of tax deed to auditor.
Danny G. Young v. State of Indiana (NFP)
Criminal. Affirms concurrent sentence of six years for a conviction of Class C felony forgery and two years each for convictions of Class D felony counts of receiving stolen property and fraud.
Jose Carlos Arce v. State of Indiana (NFP)
Post-conviction relief. Affirms in part, reverses in part and remands to the trial court for a hearing on Arce’s claim of ineffective assistance of counsel.
Siraj Khaja Ahmed v. Asma Saman Ahmed (NFP)
Domestic relations/divorce. Affirms trial court denial of Siraj’s motion to correct error and its grant of Asma’s motion to dismiss.
Alberto R. Melendez Cruz v. State of Indiana (NFP)
Criminal. Affirms conviction of murder.