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The Indiana Supreme Court Thursday reinstated a trial court’s grandparent visitation order that included monthly overnight visits and other visitation that the Court of Appeals ruled was excessive.
Court of Appeals
Jeremy Farris v. State of Indiana (mem. dec.)
67A04-1411-CR-533
Criminal. Affirms post-conviction court’s denial of his motion for partial summary judgment.
Ashley L. Stapert v. State of Indiana (mem. dec.)
18A02-1411-CR-787
Criminal. Affirms convictions for two counts of Class A felony child molesting.
Walker Whatley v. State of Indiana (mem. dec.)
49A02-1411-PC-781
Post conviction. Affirms denial of Whatley’s petition for post-conviction relief.
Ronald Moore v. State of Indiana (mem. dec.)
09A02-1411-CR-792
Criminal. Affirms conviction and 18-year sentence with 10-year enhancement for one count of dealing in a schedule I controlled substance, a Class B felony.
Tammie D. Wasson v. State of Indiana (mem. dec.)
70A04-1504-CR-139
Criminal. Affirms seven-year aggregate sentence for conviction of Class B felony dealing in a controlled substance.
Indiana Supreme Court
Wellpoint, Inc. (F/K/A Anthem, Inc.) and Anthem Insurance Companies, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, AIG Europe (U.K.) Limited, et al
49S05-1404-PL-244
Civil plenary. Grants petition for rehearing to modify the Supreme Court’s previous opinion. Finds its reversal should be clarified to grant summary judgment in favor of Anthem but only on the issues raised in Continental’s motion of summary judgment. Holds Continental did not waive its unasserted defenses.
A man’s conviction of Class C felony child molestation was affirmed Thursday by the Indiana Supreme Court, which held that even though improper vouching testimony was admitted in error, the defendant failed to preserve the issue for appeal.
A man was unable to overcome heavy precedent and convince the Indiana Supreme Court his convictions violated the state prohibition against double jeopardy.
A defendant who pleaded with a judge to try to obtain possibly exculpatory video evidence he said his public defender refused to seek did not, by his conduct, waive his right to counsel, the Indiana Court of Appeals determined Thursday.
Reiterating the relationship between exclusion and consumption exemption, the Indiana Tax Court upheld its earlier ruling exempting Aztec Partners LLC from paying sales tax on the electricity it used.
A Lake County judge was surprised July 29 when he received the Indiana Sagamore of the Wabash award, one of the state’s highest civil honors.
In tweaking an earlier reversal, the Indiana Supreme Court has given the defendant the avenue to raise additional unasserted defenses.
An Indiana inmate’s federal lawsuit claiming he has a religious right to use peyote and tobacco must proceed, a judge ruled, though she also made clear state officials may seek a motion to dismiss the case.
A LaPorte man convicted of killing a former wife in 1979 has been sentenced to 47 years for killing another wife.
A man who owns a piece of Indiana’s short stretch of Lake Michigan shoreline and said he had “complete and exclusive ownership” of its beachfront holds no such right and cannot deny the public access to that space, a judge has ruled.
Indiana Court of Appeals
William Goodwin v. State of Indiana (mem. dec.)
33A05-1501-IF-23
Infraction. Affirms, in part, trial court determination that Goodwin is guilty of Class C infraction following too closely. Remands to the trial court for further proceedings to address the issue of waiver of the right to be present at trial.
Billy L. Haymaker v. Victoria L. Haymaker (mem. dec.)
61A01-1411-DR-495
Domestic. Affirms, in part, and reverses, in part, division of marital estate, remanding to the trial court for recalculation of the final distribution of the martial estate.
Yorel M. Wallace v. State of Indiana (mem. dec.)
79A02-1411-CR-815
Criminal. Dismisses appeal of revocation of probation.
Connie Kidd v. State of Indiana (mem. dec.)
16A01-14125-CR-522
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated. Remands to amend Kidd’s abstract of judgment to clarify only one conviction was entered against her.
Cornelius T. Banks v. State of Indiana (mem. dec.)
34A02-1501-CR-37
Criminal. Affirms 15-year sentence for conviction of Class B felony dealing cocaine.
7th Circuit Court of Appeals
United States of America v. Robert L. Lee
14-2010
Appeal from the U.S. District Court for the Northern District of Indiana, South Bend Division.
Judge Robert L. Miller
Affirms revocation of supervised release for violation of terms due to commission of a crime. Rejects Lee’s argument that due process under the Fifth Amendment and Federal Rule of Criminal Procedure 32.1 requires citation to a specific statute to provide written notice of the alleged violation.
A dissenting judge on an Indiana Court of Appeals panel that Wednesday reversed a child custody order implied the majority reweighed evidence to reach its conclusion.
The Indiana Court of Appeals has reversed another annexation ruling, this time finding the town of Whitestown can move forward with plans to incorporate a portion of Perry Township.
Indianapolis authorities are warning about a scam in which people get a phone call from someone demanding payment to avoid a warrant or arrest for failing to appear for jury duty.
A South Bend man whose supervised release on a federal firearms conviction was revoked after he was accused of assaulting a woman wasn’t deprived due process, the 7th Circuit Court of Appeals ruled Wednesday.
An aunt who repeatedly sought to gain custody of her 4-year-old niece the Department of Child Services placed in foster care got no relief from the Indiana Court of Appeals Wednesday.
A controversial proposal to dam the White River in Anderson and create a 2,100-acre reservoir stretching east to Yorktown should be studied by a legislative committee this summer, a Muncie lawmaker said.