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Opinions June 9, 2015 ILD

Indiana Court of Appeals
D.B. v. State of Indiana (mem. dec.)
49A02-1410-JV-757
Juvenile. Reverses adjudication for committing what would be Class A misdemeanor carrying a handgun without a license if committed by an adult.

Andrew M. Shaw v. Tera A. Shaw (mem. dec.)
87A04-1411-DR-527
Domestic relation. Affirms grant of mother’s motion to relocate with minor child.

Susan D. Troyer v. Mervin D. Troyer (mem. dec.)
20A04-1409-DR-445
Domestic relation. Affirms order denying mother’s motion for expedited hearing on transfer of school district for minor children.

James K. Chenoweth v. State of Indiana (mem. dec.)
20A04-1410-PC-465
Post conviction. Affirms denial of petition for post-conviction relief.

Sheila R. (Naum) Porter v. Brett T. Naum (mem. dec.)
49A02-1409-DR-623
Domestic relation. Affirms order on custody, emancipation and attorney fees.

Courtney L. Sharp v. State of Indiana (mem. dec.)
05A02-1411-CR-786
Criminal. Affirms sentence following guilty plea to Class C felony possession of cocaine.

Kevin Axton v. State of Indiana (mem. dec.)
27A04-1404-CR-184
Criminal. Affirms sentence for Class C felony criminal confinement, Class A misdemeanor domestic battery, Class D felony intimidation and Class B felony criminal deviate conduct.

Shelben Curtis v. State of Indiana (mem. dec.)
45A03-1410-CR-365
Criminal. Affirms convictions and sentence for Class A felony voluntary manslaughter and Class B felony aggravated battery.

 

Retired ILS leader gets national honor

Norman Metzger, retired executive director of Indiana Legal Services, is receiving national recognition for his work and dedication to providing legal assistance for the poor. 

Justices decline to make bright-line rule on admission of coverage limits

The Indiana Supreme Court affirmed the admission of a couple’s uninsured motorist policy limits at a trial in which the couple sued its insurer to recover under that provision. But in doing so, the justices declined requests by the Indiana Trial Lawyers Association and the Defense Trial Counsel of Indiana to adopt a bright-line rule on the admission of coverage limits.

Appeals court tosses suits challenging climate change plan

A federal appeals court on Tuesday threw out a pair of high-profile lawsuits challenging the Obama administration's sweeping plan to address climate change, saying it's too early to challenge a proposed rule that isn't yet final.

Judicial candidate serving as juror was not fundamental error

A man convicted of child molesting argued that an attorney and judicial candidate should not have been allowed to serve as a juror on his trial. But he failed to object to her placement on the jury at the time of the trial, and the Indiana Court of Appeals rejected his claim of fundamental error.

COA orders foreclosed Golden Corral to be in sheriff’s sale

The Indiana Court of Appeals reversed the holding of a Lake County court that allowed the mortgage holder of a restaurant in Merrillville to immediately take possession of the parcel of land. Under Indiana law, the parcel should go into a sheriff’s sale, the majority held.

Attorney: House explosion stupid, selfish plan gone awry

A man accused of plotting a deadly explosion that damaged or destroyed more than 80 homes in an Indianapolis neighborhood should have known the scheme could kill people, even if that wasn't his intent, a prosecutor told jurors Monday as the murder trial began.

Opinions June 8, 2015 ILD

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: J.W. (Minor Child), R.W. (Father) v. The Ind. Dept. of Child Services (mem. dec.)
34A05-1411-JT-526
Juvenile. Affirms termination of parental rights.

The following opinions were issued after IL deadline Friday
In the Matter of the Civil Commitment of R.J. v. Richard L. Roudebush Veterans Affairs Medical Center (mem. dec.)
49A04-1411-MH-539
Mental health. Affirms involuntary civil commitment.

Tommy Rans v. State of Indiana (mem. dec.)
71A03-1412-CR-446
Criminal. Affirms conviction of Class B felony burglary.

Greggory Cataldo v. State of Indiana (mem. dec.)
79A02-1409-CR-683
Criminal. Affirms conviction of Class B felony attempted robbery.

 

Opinions June 8, 2015

Indiana Court of Appeals
Jake Gruber, Jill Sherman, & Jake Gruber b/n/f Jill Sherman v. YMCA of Greater Indianapolis, Ruth Lilly YMCA Outdoor Center, & Flat Rock River YMCA Resident Camp
49A02-1410-CT-713
Civil tort. Affirms trial court grant of summary judgment in favor of YMCA defendants in a suit brought by the parents of a child bitten by a pig at a camp. The panel declined to change the standard to strict liability for owners of animals from the general rule that owners of domestic animals are liable only if the owner knows or has reason to know that the animal has dangerous propensities.

Indiana Tech Law School meets with ABA

Officials from Indiana Tech Law School met with representatives from the American Bar Association June 5 to discuss the Fort Wayne school’s accreditation.

Court strikes down ‘born in Jerusalem’ passport law

The Supreme Court of the United States struck down a disputed law Monday that would have allowed Americans born in Jerusalem to list their birthplace as Israel on their U.S. passports in an important ruling that underscores the president's authority in foreign affairs.