Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
Indiana Supreme Court
In the Matter of: Anonymous
79S00-1508-DI-512
Discipline. Issues private reprimand after finding attorney engaged in misconduct by communicating ex parte with a judge without authorization to do so, a violation of Professional Conduct Rule 3.5(b).
Indiana Court of Appeals
The Bar Plan Mutual Insurance Company v. Likes Law Office, LLC; Kevin L. Likes; Rickey D. Whitaker; and Cheryl L. Whitaker
02A03-1502-CT-65
Civil tort. Reverses summary judgment in favor of Likes Law Office, Likes, and Rickey and Cheryl Whitaker. The undisputed evidence establishes that Likes failed to timely notify the Bar Plan of a claim and therefore is now precluded from coverage under the policy. The trial court abused its discretion when it admitted certain portions of affidavits from Likes and his expert.
Robert Hicks v. Marion Thatcher, in his official capacity as Unit Team Manager, and the Indiana Department of Correction
49A02-1502-PL-92
Civil plenary. Affirms summary judgment in favor of Thatcher and the Department of Correction. The DOC has established that the disparate treatment complained of by Hicks regarding privileges given to those in the “Honor Unit” bear a rational relation to a legitimate penological interest.
The Branham Corporation v. Newland Resources, LLC and John E. Bator, et al.
06A01-1409-PL-399
Civil plenary. Affirms Branham Corp.’s motion to voluntarily dismiss without prejudice proceedings supplemental to the execution of garnishment against certain garnishee defendants, conditioning the same upon the payment of attorney fees incurred by the defendants up to the time of the filing of the motion to dismiss. In order to voluntarily withdraw the proceedings supplemental without prejudice, Branham must pay the attorney fees as ordered by the court.
John A. Hill, III and Susan Hill v. Steven N. Rhinehart, M.D. and Fort Wayne Medical Oncology and Hematology, Inc.; John F. Csicsko, M.D. and David P. Lloyd, M.D., as Individuals, et al.
02A03-1405-CT-146
Civil tort. Affirms the trial court properly granted judgment on the evidence in favor of Drs. Lloyd and Csicsko; Hill was not prejudiced by the entry of the judgment on the evidence against two of the physicians; and the trial court properly tendered Jury Instruction No. 23 which advised the jury that physicians are not liable for an error in diagnosis or treatment when exercising reasonable care.
Dwight Neal v. State of Indiana (mem. dec.)
71A05-1411-CR-559
Criminal. Affirms denial of motion to correct erroneous sentence.
Ricardo Minney v. State of Indiana (mem. dec.)
49A02-1503-CR-172
Criminal. Affirms convictions and sentence for two counts of Class A felony child molesting and one count of Class C felony child molesting.
W.P. v. Indiana Department of Child Services (mem. dec.)
18A02-1504-JT-230
Juvenile. Affirms involuntary termination of parental rights.
Joseph McDonald v. State of Indiana (mem. dec.)
71A04-1503-CR-108
Criminal. Affirms convictions of Level 6 felony residential entry and intimidation.
Samuel Hampton v. State of Indiana (mem. dec.)
49A04-1410-PC-484
Post conviction. Affirms denial of petition for post-conviction relief.
Shawn Thayer v. State of Indiana (mem. dec.)
79A04-1503-CR-110
Criminal. Affirms conviction of Class C felony battery.
Ricardo Montanez v. State of Indiana (mem. dec.)
45A03-1504-CR-130
Criminal. Affirms sentence following guilty plea to Level 5 felony burglary.
Douglas Bragg v. State of Indiana (mem. dec.)
49A02-1412-CR-878
Criminal. Affirms convictions of Class A felony criminal deviate conduct, Class C felony sexual battery and Class D felony theft.
Please enable JavaScript to view this content.