Opinions

Opinions Sept. 15, 2016

September 15, 2016
Indiana Court of Appeals
Mindy M. Cline v. State of Indiana
38A04-1512-XP-2221
Expungement petition. Reverses and remands denial of Mindy Cline’s petition for expungement, finding trial court abused its discretion in denying her petition. Judge Michael Barnes dissents with separate opinion.
More

Opinions Sept. 14, 2016

September 14, 2016
Indiana Court of Appeals
Meridian Health Services Corporation v. Thomas Martin Bell

71A04-1511-DR-2005
Domestic relation. Affirms trial court’s order finding Meridian Health Services Corporation in contempt of court for failure to comply with a subpoena duces tecum and appear at a deposition and awarding attorney fees as a sanction. The trial court did not abuse its discretion in holding Meridian in contempt.
More

Opinions Sept. 13, 2016

September 13, 2016
7th Circuit Court of Appeals
William Hinesley, III v. Wendy Knight, superintendent, Correctional Industrial Facility

15-2122
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Jane E. Magnus?Stinson, Judge.
Civil. Affirms district court’s decision to deny William Hinesley’s petition for writ of habeas corpus. Finds that Hinesley’s counsel was not ineffective in a prejudicial manner.
More

Opinions Sept. 12, 2016

September 12, 2016
Indiana Court of Appeals
Marc Lindsey v. State of Indiana (mem. dec.)
20A03-1508-CR-1086
Criminal. Affirms Marc Lindsey’s conviction of Class D felony operating a vehicle while intoxicated.
More

Opinions Sept. 9, 2016

September 9, 2016
Indiana Court of Appeals
Julie R. Waterfield v. Richard D. Waterfield
92A03-1511-PL-1968
Civil plenary. Affirms trial court’s order denying Julie R. Waterford’s request to set aside her divorce decree entered in 1997 based on the allegation of fraud committed by Richard D. Waterfield while negotiating a settlement leading to the dissolution of the marriage. Finds that Julie Waterfield failed to establish that Richard Waterfield committed fraud. Finds that Richard Waterfield is entitled to an award of attorney fees.
More

Opinions Sept. 8, 2016

September 8, 2016
Indiana Court of Appeals
Thomas A. Carpenter, et al. v. The Cincinnati Specialty Underwriters Insurance Company
33A01-1602-CT-265
Civil tort. Affirms summary judgment and declaratory judgment in favor of Cincinnati Specialty. It had no obligation to make payments under a consent judgment in which Carpenter and Cincinnati’s insured, Lovell’s Lounge, agreed Carpenter’s injuries were caused by Lovell’s Lounge’s negligence or that Lovell’s was vicariously liable for injuries Carpenter sustained when he was punched in the jaw by patron Jerry Dean Johnson. Finds the consent judgment was obtained by bad faith or collusion, collateral estoppel does not apply, and CSU is not bound by the consent judgment.
More

Opinions Sept. 7, 2016

September 7, 2016
Indiana Court of Appeals
In the Matter of: J.B., A Child in Need of Services: S.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
47A01-1604-JC-765
Juvenile CHINS. Affirms J.B.’s designation as a child in need of services.
More

Opinions Sept. 6, 2016

September 6, 2016
Indiana Court of Appeals
Brian W. Ellison v. State of Indiana (mem. dec.)
92A05-1604-CR-964
Criminal. Affirms Ellison’s designation as a credit-restricted felon. Finds sufficient evidence to support the trial court’s determination that Ellison molested A.E. on or after July 1, 2008, the effective date of the credit-restricted felon statute.
More

Opinions Sept. 2, 2016

September 2, 2016
Indiana Court of Appeals
In the Matter of the Commitment of H.F. v. Eskenazi Health/Midtown Clinic (mem. dec.)
49A02-1602-MH-335
Mental health. Affirms order for temporary involuntary civil commitment, not to exceed 90 days. 
More

Opinions Sept. 1, 2016

September 1, 2016
Indiana Supreme Court
In the Matter of: Harold E. Bean
49S00-1601-DI-2
Discipline. Disbars Bean for engaging in attorney misconduct while the elected clerk-treasurer of the town of Warren Park. He pleaded guilty to theft and official misconduct as Class D felonies after writing dozens of checks to himself from town funds.
More

Opinions Aug. 31, 2016

August 31, 2016
Indiana Court of Appeals
George P. Broadbent, and Plainfield Village, LP v. Fifth Third Bank
32A01-1602-MF-345
Mortgage foreclosure. Affirms summary judgment for the bank. The trial court properly interpreted the guaranties of the contract and applied the guaranties’ terms to calculate Broadbent’s liability.
More

Opinions Aug. 30, 2016

August 30, 2016
Indiana Court of Appeals
In re the Paternity of: L.S., Chen Su v. James Lowe (mem. dec.)
49A02-1512-JP-2196
Juvenile. Affirms order modifying custody of L.S. to sole legal custody of father, parenting time and child support.
More

Opinions Aug. 29, 2016

August 29, 2016
Indiana Supreme Court
Michael Day v. State of Indiana
24S05-1606-CR-358
Criminal. Affirms Day’s disorderly conduct conviction. Concludes that the “fighting” subsection of the disorderly conduct statute does not contain a public disturbance element but does require a physical altercation. His intentional spitting provided sufficient evidence of a physical altercation.
More

Opinions Aug. 26, 2016

August 26, 2016
Indiana Court of Appeals
Dorothy Williams v. State of Indiana
46A03-1511-CR-1913
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct. Finds the state’s impairment of Williams’ speech was constitutional because it was rational and her speech was politically ambiguous for purposes of an Article I, Section 9 affirmative defense.
More

Opinions Aug. 25, 2016

August 25, 2016
Indiana Court of Appeals
In re the Scott David Hurwich 1986 Irrevocable Trust Scott D. Hurwich v. Stacey R. MacDonald
71A03-1602-TR-301
Trust. Reverses the probate court’s order dismissing Hurwich’s complaint. Hurwich’s appeal was timely filed and dismissal of his complaint was not appropriate. Specific factual support is not required under Indiana Trial Rule 8(A) as factual specifics may not be available until discovery is made.
More

Opinions Aug. 24, 2016

August 24, 2016
Indiana Court of Appeals
Christopher Compton v. State of Indiana
82A01-1511-CR-1997
Criminal. Affirms conviction of three counts of felony murder and the finding that Compton is a habitual offender. The trial court did not deprive Compton of due process when it allowed the media to tweet live updates of his trial from the courtroom, nor did it err in admitting evidence of Compton’s incriminatory statements. Calls for guidance on social media use during criminal trials.
More

Opinions Aug. 23, 2016

August 23, 2016

Indiana Supreme Court
Kristy Burnell v. State of Indiana
29S02-1512-CR-707
Criminal. Affirms trial court decision to not terminate license suspension. Holds a refusal to submit to a chemical test occurs when the conduct of the motorist is such that a reasonable person in the officer’s position would be justified in believing the motorist was capable of refusal and manifested an unwillingness to submit to the test. Burnell has the burden of demonstrating the evidence shows her license suspension by the BMV should be overturned, and she did not carry this burden.

More

Opinions Aug. 22, 2016

August 22, 2016
Indiana Court of Appeals
Douglas M. Curtis v. State of Indiana
49A02-1512-CR-2293
Criminal. Reverses conviction of Class A misdemeanor criminal trespass. Because the apartment complex where Curtis had been living with his father provided him a 48-hour grace period to remove his property and Curtis was arrested while in the process of gathering his personal belongings, there was insufficient evidence to support the conviction.
More

Opinions Aug. 19, 2016

August 19, 2016
Indiana Court of Appeals
Amir Basic and Gerard Arthus v. Numan A. Amouri, Mohamad H. Mohajeri, Mohammad Aslam Chaudhry, Adnan Khan, Imdad Zackariya, Mohammad Sirajuddin, Sarah Shaikh, Aijaz Shaikh, Ismail Al-Ani, et al.
71A03-1510-PL-1820
Civil plenary. Affirms trial court findings that it lacked subject matter jurisdiction, appellants lacked standing and its decision to quash certain subpoenas in a dispute brought against the imam of the Islamic Society of Michiana Inc., by a Amir Basic, a member of the board of directors and trustees, after he was removed. Finds Basic and Gerard Arthus acted in procedural bad faith. Grants appellees’ request for damages and remands to the trial court for a determination of those damages.
More

Opinions Aug. 18, 2016

August 18, 2016
Indiana Court of Appeals
J.B. Hunt Transport, Inc., and Terry L. Brown, Jr. v. The Guardianship of Kristen Zak
45A03-1506-CT-670
Civil tort. Affirms jury verdict in favor of the guardianship of Kristen Zak on the guardianship’s negligence claim. Zak’s vehicle slid on snowy conditions on I-65 and crashed into a J.B. Hunt semi that had jackknifed an hour prior. Finds there were multiple questions of fact that needed to be answered by a jury and there is no basis on which to second-guess the jury. There are also no questions of law warranting reversal.
More

Opinions Aug. 17, 2016

August 17, 2016
Indiana Court of Appeals
Robert Weathers v. State of Indiana
49A04-1601-CR-3
Criminal. Affirms Level 5 felony possession of a handgun without a license conviction. The trial court did not abuse its discretion in admitting the handgun at trial, which was found after a warrantless inventory search of Weathers’ vehicle after he was stopped and arrested for driving without a license.
More

Opinions Aug. 16, 2016

August 16, 2016
Indiana Supreme Court
In Re the Involuntary Termination of the Parent-Child Relationship of R.S., (Minor Child), and R.S. (Father) v. Marion County Department of Child Services and Child Advocates, Inc.
49S04-1606-JT-350
Juvenile. Reverses termination of father’s parental rights. The trial court’s findings do not clearly and convincingly support its conclusion that termination of father’s parental rights is in the best interests of the son.
More

Opinions Aug. 15, 2016

August 15, 2016
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. Darrell L. Duncan
15-3485
Appeal from U.S. District Court, Northern District of Indiana, South Bend Division. Judge Robert L. Miller Jr.
Criminal. Holds that a conviction for robbery under the Indiana statute qualifies under the still-valid elements clause of the Armed Career Criminal Act definition of violent felony. Robbery by placing a person in fear of bodily injury under Indiana law involves an explicit or implicit threat of physical force and therefore qualifies as a violent felony under 18 U.S.C. Section 924(e)(2)(B)(i.)
More

Opinions Aug. 12, 2016

August 12, 2016
Indiana Court of Appeals
Bryan Modglin v. State of Indiana (mem. dec.)
18A02-1512-CR-2113
Criminal. Affirms convictions of Class A felony attempted murder, Class C felony battery resulting in serious bodily injury, Class D felony battery resulting in bodily injury and Class A misdemeanor battery.
More

Opinions Aug. 11, 2016

August 11, 2016
The following opinions were posted after IL deadline Wednesday:
7th Circuit Court of Appeals

Alphonse D. Owens v. LVNV Funding, LLC; Joshua Birtchman v. LVNV Funding LLC, et al.
15-2044, 15-2082, 15-2109
Appeal from U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms in the three cases the District Court’s grant of the defendant debt collector’s motion to dismiss lawsuits alleging that the act of filing a proof of claim on a stale debt violates the Fair Debt Collection Practices Act. The plaintiffs had not stated claims for relief under the Act. Chief Judge Diane Wood dissents.
More
Page  << 1 2 3 4 5 6 7 8 9 10 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

ADVERTISEMENT