Appeals court upholds Medicaid fraud charges
A woman charged with defrauding Indiana’s Medicaid program of nearly $350,000 lost the appeal of her partial motion to dismiss the charges.
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Sensient settles over use of ‘popcorn lung’ chemical
Sensient Flavors LLC will pay a smaller fine in exchange for agreeing to reduce the amount of a chemical it uses at its Indianapolis plant, as part of a settlement it has reached with state regulators.
Opinions Dec. 26, 2012 ILD
The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline. The Indiana Supreme Court, Court of Appeals and Tax Court were closed Wednesday due to the weather.
Snow forces court, office closures
Many people in Indiana may be enjoying an extra-long Christmas vacation thanks to blizzard-like conditions in parts of the state. Heavy snow and high winds have led to closures, including Indiana’s appellate courts.
Comments being accepted on bankruptcy local rules
The judges of the U.S. Bankruptcy Court for the Southern District of Indiana are considering amendments to two local rules: B-4001-3 and B-4008-1.
Opinions Dec. 21, 2012 ILD
Indiana Court of Appeals
Charles D. Stutz v. State of Indiana (NFP)
32A04-1205-CR-255
Criminal. Affirms convictions of Class D felonies resisting law enforcement and intimidation.
Michael R. Anderson, Jr. v. State of Indiana (NFP)
71A04-1204-CR-220
Criminal. Affirms convictions of Class C misdemeanor operating a motor vehicle while never having received a driver’s license, Class A misdemeanor possession of marijuana and possession of marijuana as a Class D felony.
Term. of the Parent-Child Rel. of B.W., Minor Child; R.C., Father v. Indiana Dept. of Child Services (NFP)
02A03-1204-JT-173
Juvenile. Affirms involuntary termination of parental rights.
Joseph Lamar Johnson v. State of Indiana (NFP)
18A04-1206-CR-316
Criminal. Affirms sentence following conviction of Class D felony possession of marijuana after a jury found Johnson guilty of Class A misdemeanor possession of marijuana and found he had previously been convicted of possession of marijuana.
Anthony K. McCullough v. State of Indiana (NFP)
49A02-1110-CR-955
Criminal. Grants rehearing and reverses previous decision. Now affirms the revocation of McCullough’s probation.
Opinions Dec. 21, 2012
Indiana Court of Appeals
Steven E. Malloch v. State of Indiana
17A03-1201-CR-37
Criminal. Affirms conviction of Class A felony child molesting for an incident involving his stepdaughter. There was no prosecutorial misconduct and the trial court did not err by admitting Malloch’s apology letter to C.P. Although Malloch did not receive a perfect trial, the appellate judges are confident he received a fair trial.
Man’s child molesting conviction upheld
The Indiana Court of Appeals acknowledged that although a defendant did not receive a perfect trial, it is confident that Steven Malloch received a fair trial on a charge of Class A felony child molesting relating to his stepdaughter.
COA upholds cocaine convictions, sentence
The Indiana Court of Appeals rejected a defendant’s arguments to overturn his two convictions of Class A felony possession of cocaine, including that he should have been granted a speedy trial and the trial court erred when it rejected his tendered jury instruction.
Judges affirm criminal recklessness conviction
Someone shooting at a residence, for purposes of a criminal recklessness prosecution, may create a substantial risk of bodily injury to another person even if the resident is away from the home at the moment of the shooting, the Indiana Court of Appeals held in a first impression case.
3 charged in Indianapolis home explosion
Marion County Prosecutor Terry Curry announced Friday that three people have been arrested in connection with a home explosion in an Indianapolis suburb that killed two people last month and damaged dozens of homes.
Supreme Court denies Star appeal in online commenter case
The Indiana Supreme Court on Thursday denied transfer in The Indianapolis Star’s appeal of an order that it identify a person who posted an anonymous online comment that has been included in a defamation suit.
Happy holidays!
The Indiana Lawyer daily will not be published Dec. 24 and 25 in observance of Christmas. We wish you a happy holiday!
Judge rules law doesn’t require schools to bus students
A Marion County judge ruled in favor of Franklin Township Community School Corp. on a lawsuit filed by parents after the school contracted its bus transportation services to an outside organization that charged students to ride.
AG: State Fair stage collapse victim payments completed
Victims of the 2011 Indiana State Fair stage collapse soon will receive a supplemental and final disbursement of money allocated for victims of the tragedy that killed seven people and injured scores more.
Opinions Dec. 20, 2012 ILD
Indiana Court of Appeals
Jeffrey Higgenbottom v. State of Indiana (NFP)
49A05-1203-CR-108
Criminal. Affirms conviction of burglary, finding Higgenbottom is a habitual offender, and his 14-year sentence.
M.C.-G. v. M.G. (NFP)
29A02-1110-DR-978
Domestic relation. Dismisses wife’s appeal of the child custody and property division orders for lack of subject matter jurisdiction. Wife’s appeal of the modification order is timely, but the issues raised aren’t supported by a cogent argument. Denies husband’s request for appellate attorney fees.
Otto McGee v. State of Indiana (NFP)
49A02-1205-CR-376
Criminal. Affirms revocation of placement on home detention.
Michael B. Buckner v. State of Indiana (NFP)
36A05-1203-CR-166
Criminal. Affirms sentence for two counts of Class C felony incest.
In Re The Matter of the Adoption of A.S.P.: R.S.P. v. J.C.S. (NFP)
82A04-1205-AD-227
Adoption. Affirms denial of grandfather’s motion to intervene in a proceeding involving the adoption of his grandson.
Ronald Edward Madison v. State of Indiana (NFP)
71A04-1206-CR-332
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class C misdemeanor operator never licensed.
John Chupp v. State of Indiana (NFP)
49A05-1206-CR-328
Criminal. Affirms denial of motion to correct erroneous sentence.
Anthony Anderson v. State of Indiana (NFP)
49A02-1205-CR-429
Criminal. Remands with instructions to rectify clerical errors in Anderson’s abstract of judgment and chronological case summary.
Kevin W. Black v. State of Indiana (NFP)
02A03-1205-CR-209
Criminal. Affirms sentence for Class D felony battery and Class A misdemeanor resisting law enforcement.
The Marion County Sheriff's Department v. Gwendolyn Y. Davis, individually and as Administratrix of the Estate of Anthony J. Robinson, Jr. (NFP)
49A04-1201-CT-14
Civil tort. Affirms denial of summary judgment for the sheriff’s department regarding the estate’s claims, but reverses denial of summary judgment regarding Davis’ individual claims.
Term. of the Parent-Child Rel. of J.M., M.M., A.M., and S.M.: R.M. & H.M. v. The Indiana Dept. of Child Services (NFP)
04A03-1204-JT-184
Juvenile. Affirms involuntary termination of parental rights.
Netiko Jones v. State of Indiana (NFP)
49A05-1205-CR-222
Criminal. Affirms convictions of Class A felony dealing in cocaine within 1,000 feet of a public park, Class B felony possession of cocaine, Class A felony possession of three or more grams of cocaine with intent to deliver and Class A misdemeanor resisting law enforcement.
Joseph B. O'Brien v. State of Indiana (NFP)
08A02-1204-CR-330
Criminal. Affirms conviction of Class D felony operating a vehicle as a habitual traffic violator.
Opinions Dec. 20, 2012
7th Circuit Court of Appeals
Joshua Beller, a minor, by his next friend and mother, Melissa Welch, et al. v. Health and Hospital Corp. of Marion County Ind., d/b/a Wishard Memorial Hospital d/b/a Wishard Ambulance Service
11-3691
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms summary judgment for the defendants on the plaintiffs lawsuit alleging violation of the Emergency Medical Treatment and Active Labor Act by failing to stabilize Welch and her son during an emergency medical situation. Because the Wishard ambulance was operating under the EMS protocol at the time the plaintiffs were in it, the plaintiffs had not come to the Wishard emergency department under the EMTALA, and the plaintiffs’ claim cannot succeed.
Court orders new trial on damages owed to wrongfully convicted man
Finding a District judge improperly limited critical evidence relating to an Elkart man’s innocence during his trial for damages following his wrongful conviction, the 7th Circuit Court of Appeals ordered a new damages trial be held.
7th Circuit rules in favor of hospital in EMTALA violation suit
The 7th Circuit Court of Appeals found that the 2003 definition of when a person is to have “come to the emergency room” is a clarification of the rule in effect in 2001 and that a woman who filed a lawsuit under the Emergency Medical Treatment and Active Labor Act did not come to the Wishard Hospital emergency department under that act.
Judges uphold finding that past burglaries were not single criminal episode
The 7th Circuit Court of Appeals dismissed a defendant’s argument that his three previous convictions of burglary should be treated as a single criminal episode for purposes of the Armed Career Criminal Act.