7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court
Jimmie E. Jones, Jr. v. State of Indiana
Criminal. Adopts Court of Appeals opinion in full, which affirmed the refusal by the trial court to give Jones’ tendered instructions on reckless homicide and involuntary manslaughter as lesser-included offenses to the murder charge. The evidence didn’t support a reckless homicide instruction and the charging information for the murder count foreclosed an involuntary manslaughter instruction.
Indiana Court of Appeals
In Re the Paternity of C.S.: M.R. (Mother) v. R.S. (Father)
Juvenile. Affirms order granting a petition for modification of custody filed by father. The trial court did not abuse its discretion in finding that C.S.’s physical and mental/academic maturation constituted a substantial change warranting modification of custody. The trial court did not misinterpret Indiana Code 31-17-2-8 in the process of drawing conclusions from its findings, nor did it err in relying on the updated custody evaluation.
Robert Hardin v. Carlotta Hardin
Domestic relation. Reverses and remands as to the trial court’s division of Robert Hardin’s pension, including the cost to Carlotta Hardin of the survivor’s benefit. Affirms as to all other issues. The trial court used an incorrect coverture fraction and erred in dividing the pension.
Charles L. Eckard v. State of Indiana (NFP)
Criminal. Affirms sentence for Class C felony battery.
Juan Emerson v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.
Kelly Scott Thomas v. State of Indiana (NFP)
Post conviction. Affirms denial of motion to withdraw petition for post-conviction relief and denial of that petition.
T.N.S. v. State of Indiana (NFP)
Juvenile. Affirms adjudication as a delinquent for committing what would be sexual battery if committed by an adult.
Mark Wiley v. Midwest Poultry Services, LP (NFP)
Agency appeal. The full board of the Worker’s Compensation Board of Indiana erred in denying Wiley’s claim for the reimbursement of costs associated with his wheelchair because the undisputed evidence reveals his impairment is reduced by having a working motorized wheelchair and the parties’ agreement did not waive this claim. Further, based on a plain reading of the agreement, the board did not err in awarding Wiley reimbursement for the cost of repairing the chair lift added to his pick-up truck. Remands to the full board to enter an amended order consistent with this opinion.
Indiana Tax Court had posted no opinions at IL deadline.