Opinions

Opinions July 11, 2012

July 11, 2012
7th Circuit Court of Appeals
Michael Dean Overstreet v. Bill Wilson, superintendent, Indiana State Prison
11-2276
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Finds Overstreet, who is sentenced to death, did not receive constitutionally ineffective assistance of counsel relating to the handling of an alleged plea bargain, the handling of spectators in the courtroom, and relating to the sentencing proceeding. Judge Wood dissents regarding the attorneys’ handling of the sentencing proceeding and would grant the petition for writ of habeas corpus limited to the sentence imposed.
More

Opinions July 10, 2012

July 10, 2012
Indiana Court of Appeals
In the Matter of the Adoption of N.W.R.; M.R. v. R.B. and R.B., and Indiana Dept. of Child Services
36A01-1109-AD-407
Adoption. Reverses the trial court’s grant of a petition to adopt to foster parents R.B. and R.B., and remands to the trial court with instructions to reconsider evidence after DCS completes investigation of aunt M.R. as a potential adoptive replacement. The court held that the trial court erred in denying DCS’ motion to withdraw consent for the petition after discovering it failed to conduct a complete adoptive placement investigation.
More

Opinions July 9, 2012

July 9, 2012
Indiana Court of Appeals
Derrick Baker v. State of Indiana (NFP)
48A02-1110-CR-929
Criminal. Affirms trial court conviction of dealing cocaine as a Class B felony.

 
More

Opinions July 6, 2012

July 6, 2012
7th Circuit Court of Appeals
U.S. v. Justin Cephus, Jovan Stewart, and Stanton L. Cephus
10-3838, 10-3840, 11-1098
Criminal. Affirms in a case involving conspiracy to entice underage girls to engage in prostitution and transport them across state lines the life sentences without parole of multiple convictions for Justin and Stanton Cephus. The order remands to the trial court to enable the judge to reconcile a discrepancy in Stewart’s sentence of 324 months in federal prison. The judge said Stewart’s sentences were to be served consecutively; the written order indicates the sentences are concurrent.
More

Opinions July 5, 2012

July 5, 2012
7th Circuit Court of Appeals
Nipponkoa Insurance Company, Ltd. v. Atlas Van Lines Inc.
3:09-CV-168
Civil plenary/contract. Reverses the U.S. District Court for the Southern District of Indiana’s summary judgment for defendant and remands for further proceedings, finding summary judgment inappropriate pending further determination of the relationship between plaintiffs, defendant and ancillary parties involved in a shipping loss.  
More

Opinions July 3, 2012

July 3, 2012
Indiana Court of Appeals
In Re: The Matter of the Paternity of S.C.: K.C. (Appellant), and C.C. (Appellee), and B.H. (Appellee-Intervenor)
30A01-1107-JP-322
Juvenile paternity. Reaffirms original opinion affirming Hancock Circuit Court’s ruling vacating a finding of paternity for C.C. because another paternity action on behalf of B.H. was pending in Fayette Circuit. The decision grants rehearing in Hancock Circuit, finding that mother, S.C., did not inform the Hancock court of B.H’s pending paternity proceeding.
More

Opinions July 2, 2012

July 2, 2012
Indiana Supreme Court
Annette (Oliver) Hirsch v. Roger Lee Oliver
29S02-1109-DR-530
Domestic relations/emancipation. Affirms the trial court ruling that father Roger Lee Oliver is not obligated to contribute to his daughter’s post-secondary expenses and remands to the trial court to determine the correct date of the daughter’s emancipation.
More

Opinions June 29, 2012

June 29, 2012
7th Circuit Court of Appeals
Zachary Medlock v. Trustees of Indiana University, et al.
11-3288
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Dismisses Medlock’s appeal of the denial of his request for a preliminary injunction to prevent the enforcement of a one-year suspension from the school. The appeal is moot because the 7th Circuit cannot grant any effectual relief.

More

Opinions June 28, 2012

June 28, 2012
7th Circuit U.S. Court of Appeals
Robert Jones v. C&D Technologies, Inc.
1:10-cv-696
Civil plenary. Affirms summary judgment for C&D Technologies, Inc. granted by U.S. District Court for the Southern District of Indiana, upholding that Jones was not entitled to benefits from the Family and Medical Leave Act because he did not receive treatment during his absence.
More

Opinions June 27, 2012

June 27, 2012
7th Circuit Court of Appeals
A.B., a child by his next friend, Linda Kehoe v. Housing Authority of South Bend
11-2581
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Dismisses appeal of the order denying A.B.’s motion for a preliminary injunction to prevent the housing authority from pursuing the eviction in state court. Since A.B. has already been evicted, the appeal is moot.
More

Opinions June 26, 2012

June 26, 2012
Indiana Court of Appeals
Gwen E. Morgal-Henrich v. David Brian Henrich
46A05-1111-DR-645
Domestic relation. Affirms the trial court did not abuse its discretion by applying the equal division presumption in dividing the marital assets. Reverses trial court’s use of $390 per week as David Henrich’s weekly gross income for purposes of calculating child support. Remands for a recalculation and recommends the trial court uses an income averaging calculation due to his fluctuating income.
More

Opinions June 25, 2012

June 25, 2012
Indiana Supreme Court
Sharon Gill, on her own behalf and on behalf of the Estate of Gale Gill v. Evansville Sheet Metal Works, Inc.

49S05-1111-CV-672
Civil. Reverses trial court ruling for defendant that Gill did not bring her claim within the time Indiana law requires for a claim arising from the construction of an “improvement to real property.” There is a genuine issue of material fact as to whether Evansville Sheet Metal Works’ work constituted an “improvement to real property” as that phrase is commonly understood.
More

Opinions June 22, 2012

June 22, 2012
Indiana Court of Appeals
Rafael Bocanegra v. State of Indiana
20A03-1108-CR-361
Criminal. Affirms conviction of Class C felony forgery. Holds that potential injury remains a sufficient basis for a finding of criminal intent in a forgery prosecution. Remands for vacation of his identity deception conviction. Senior Judge Sullivan dissents.
More

Opinions June 21, 2012

June 21, 2012
Indiana Supreme Court
Indiana Department of Revenue v. United Parcel Service, Inc.
49S10-1107-TA-417
Tax. Reverses Tax Court’s grant of summary judgment to UPS and denial of the department of revenue’s motion as to whether UPS was exempt from the adjusted gross income tax. None of the summary judgment materials presented to the Tax Court and Supreme Court establishes that during the years in question UPINSCO and UPS Re were doing business within the state of Indiana. Because this is a necessary condition in order to be “subject to” the premium tax, UPS failed in its burden of establishing that it is entitled to summary judgment as a matter of law.
More

Opinions June 20, 2012

June 20, 2012
Indiana Supreme Court
In the Matter of: Douglas W. Patterson
82S00-1111-DI-662
Discipline. Disbars Patterson for committing three counts of Class D felony theft of client funds and for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.
More

Opinions June 19, 2012

June 19, 2012
Indiana Court of Appeals
Alan Patrick McEntee v. Wells Fargo Bank, N.A.
75A03-1106-MF-277
Mortgage foreclosure. Reverses summary judgment in favor of Wells Fargo and remands to the trial court, holding that the court erred because Wells Fargo failed to establish there was no material fact that McEntee had defaulted; and that Wells Fargo failed to establish the absence of a genuine issue of material fact as to McEntee’s affirmative defense. 
More

Opinions June 18, 2012

June 18, 2012
7th Circuit Court of Appeals
Joseph Agnew v. NCAA
United States District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
11-3066
Civil. Affirms District Court’s dismissal of lawsuit against the NCAA, holding plaintiffs failed to show that the NCAA’s policies limiting athletic scholarships violate the Sherman Act, because the case does not present for discussion the existence of a student athlete labor market.
More

Opinions June 15, 2012

June 15, 2012
Indiana Court of Appeals
David Ashabranner v. Sandy Wilkins, f/k/a Ashabranner
22A01-1109-DR-411
Domestic relations. Affirms in part and remands in part. Affirms the trial court’s denial of emancipation of a child and remands for recalculation of child support payments, adjusting to include payment from the mother as well as the father.
More

Opinions June 14, 2012

June 14, 2012
Indiana Court of Appeals
In Re the Term. of the Parent-Child Rel. of: C.V., O.V., and J.V. and G.J. v. The Indiana Dept. of Child Services (NFP)
10A01-1111-JT-516
Juvenile. Affirms termination of parental rights.
More

Opinions June 13, 2012

June 13, 2012
7th Circuit Court of Appeals
United States of America v. Cristofer Tichenor
11-2433
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker
Criminal. Affirms 300-month sentence following guilty plea to armed robbery and discharging a firearm in connection with robbing a bank. Rejects Tichenor’s argument that the career offender sentencing guideline is unconstitutionally vague, finding that the guidelines are not susceptible to vagueness challenges and the U.S. Sentencing Commission did not exceed its authority by promulgating the “crime of violence” definition.
More

Opinions June 12, 2012

June 12, 2012
7th Circuit Court of Appeals
Svetlana Arizanovska v. Wal-Mart Stores, Incorporated
11-3387
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Affirms District Court’s finding of summary judgment against Arizanovska on her claims of discrimination, retaliation and other state-law claims against her employer, Wal-Mart. Holds that Wal-Mart’s suggestion that Arizanovska take an unpaid leave of absence was outlined in company policy and was not an adverse, retaliatory response to her filing a discrimination claim.
More

Opinions June 11, 2012

June 11, 2012
7th Circuit Court of Appeals
IP of A West 86th Street 1, LLC, et al., v. Morgan Stanley Worldwide Capital Holdings, LLC
11-2891
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s summary judgment in favor of Morgan Stanley, holding that the company was entitled to structure the sale of a loan as it wished and that the company did not err in allowing a purchaser to use escrow funds to finance the sale.
More

Opinions June 8, 2012

June 8, 2012
7th Circuit Court of Appeals
Kenneth Harper v. C.R. England, Incorporated
11-2975
U. S. District Court, Northern District of Indiana, Hammond Division, Magistrate Judge Paul R. Cherry.
Civil. Affirms District Court’s determination that Harper failed to set forth a prima facie case, under either the direct or indirect method of proof, to support his claim that C.R. England had retaliated against him for reporting what he believed to be unlawful racial discrimination. Holds that his record shows excessive absences were the cause for his termination.
More

Opinions June 7, 2012

June 7, 2012
Indiana Court of Appeals
A.R.M. v. State of Indiana
71A05-1111-JV-613
Juvenile. Affirms juvenile court’s adjudication of A.R.M. as a delinquent child for committing child molesting, as a Class C felony when committed by an adult, and battery, as a Class B misdemeanor when committed by an adult. Holds that the court did not err in admitting the child victim’s videotaped testimony.
More

Opinions June 6, 2012

June 6, 2012
Indiana Court of Appeals
Keith D. Jackson v. State of Indiana
20A03-1105-CR-222
Criminal. Reverses sentence for possession of a firearm by a serious violent felon and remands for resentencing, holding the trial court erred by imposing a suspended sentence of four years contrary to the accepted plea agreement.
More
Page  << 31 32 33 34 35 36 37 38 39 40 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

ADVERTISEMENT