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Because police did not prove the product of a controlled drug buy was heroin, the Court of Appeals reversed a man’s conviction of Class A felony dealing in a narcotic within 1,000 feet of a school.
Indiana Court of Appeals
Thomas W. Burton v. State of Indiana (mem. dec.)
41A01-1312-CR-539
Criminal. Grants Burton’s petition for rehearing for the limited purpose of correcting a statement of fact and denies his petition in all other respects.
In the Matter of the Involuntary Term. of the Parent-Child Relationship of E.T., M.T., J.T., S.T., T.W., Minor Children, and their Mother, J.R., J.R. v. Ind. Dept. of Child Services (mem. dec.)
45A03-1410-JT-364
Juvenile. Affirms termination of parental rights.
David S. Murray v. State of Indiana (mem. dec.)
02A03-1412-CR-428
Criminal. Affirms sentence for Class D felony theft.
Christopher McGrath v. State of Indiana (mem. dec.)
15A04-1410-CR-507
Criminal. Affirms order revoking probation and reinstating four years of the previously suspended portion of McGrath’s six-year sentence for Class C felony possession of a schedule IV controlled substance.
Lake County Trust Co., as Trustee for Lake County Trust 5434, James L. Gagan and Eugene H. Deutsch v. United Consumers Club, Inc. (mem. dec.)
45A03-1407-PL-226
Civil plenary. Reverses grant of United Consumers Club’s motion to dismiss on grounds of res judicata.
Bradley E. Kennedy v. State of Indiana (mem. dec.)
35A04-1412-CR-570
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
Jason T. Myers v. Anonymous Medical Group, Anonymous Physician (mem. dec.)
79A05-1411-CT-525
Civil tort. Affirms summary judgment in favor of the physicians on Myers’ medical malpractice complaint.
Emmanuel Joseph Cain v. State of Indiana (mem. dec.)
53A01-1406-CR-242
Criminal. Affirms convictions of two counts of Class B felony dealing in cocaine.
Indiana Tax Court
Marion County Auditor v. State of Indiana
49T10-1406-TA-25
Tax. Grants the state’s motion to dismiss the auditor’s action challenging the constitutionality of I.C. 6-1.1-15-12. The auditor does not have statutory or common law standing to appeal the PTABOA’s decision on Grandville’s Forms 133 to the Tax Court.
The Supreme Court of the United States tightened the time limits for whistle-blower lawsuits that accuse contractors of overbilling the federal government during overseas conflicts. The ruling is a victory for KBR Inc. and Halliburton Co.
The Supreme Court of the United States agreed Tuesday to hear an important case about whether states must count only those who are eligible to vote, rather than the total population, when drawing electoral districts for their legislatures.
The Supreme Court of the United States says bankruptcy courts have authority to rule on disputes that fall outside the bankruptcy proceedings if the parties to the case consent.
The Indiana Court of Appeals on Tuesday reversed the denial of a man’s application for unemployment benefits, finding the record doesn’t support that he was fired for just cause for violating his employer’s professional conduct rules. The man kept a mentally disabled client in a hot car, citing his safety and the safety of other riders.
A man convicted of three crimes stemming from the robbery of an apartment could not convince the Indiana Court of Appeals that he did not force his way into the apartment because someone inside opened the door first.
A Supreme Court ruling due in a few weeks could wipe out health insurance for millions of people covered by President Barack Obama's health care law. But it's Republicans — not White House officials — who have been talking about damage control.
A central Indiana fish farm that last year won approval for a $30 million expansion faces more than $200,000 in court judgments after lawsuits filed by businesses who say the company owes them money.
The state of Indiana had to pay more than $1.4 million in fees to plaintiffs' attorneys in its unsuccessful attempt to maintain a ban on same-sex marriages, the attorney general's office says.
Indiana Court of Appeals
T.H. v. State of Indiana (mem. dec.)
49A02-1409-JV-633
Juvenile. Reverses the portion of the juvenile court’s order requiring T.H. to make restitution payments as a condition of probation and remands with instructions to modify the dispositional order consistent with this opinion.
Leonard Bond v. State of Indiana (mem. dec.)
49A04-1412-CR-554
Criminal. Affirms conviction and sentence for murder.
Rodney S. Perry, Sr. v. State of Indiana (mem. dec.)
45A04-1409-CR-435
Criminal. Affirms denial of motion to correct erroneous sentence.
Dedric Thompson v. State of Indiana (mem. dec.)
89A01-1408-PC-359
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Court of Appeals
Charles D. Howard v. State of Indiana
14A04-1406-CR-286
Criminal. Affirms convictions of two counts of Class A misdemeanor resisting law enforcement, Class B misdemeanor harassment, Class B misdemeanor public intoxication, and Class B misdemeanor disorderly conduct. The trial court issued a ruling on Howard’s motion to suppress/dismiss. Howard did not object to the admission of evidence at trial; (2) the state did not introduce or seek to admit into evidence any of Howard’s post-arrest statements; and (3) Howard did not file a motion for discharge under Criminal Rule 4 or object to the trial court’s setting of any of his trial dates.
Indiana Lawyer daily will not be published Monday, May 25, in observance of Memorial Day.
The state did not prove that a St. Joseph County man intimidated another person when the man pulled out a knife after being confronted about stealing water, the Indiana Court of Appeals held Friday. The dissenting judge believed there to be no distinction between the defendant being “caught” stealing water and “confronting” the defendant about stealing it.
The Indiana Court of Appeals agreed with the state that a man waived his arguments on appeal because he did not raise a relevant objection at trial, he did not make a cogent argument on appeal, and because his arguments are otherwise meritless.
A jury awarded $32.5 million to a Dyer, Indiana, woman who suffered brain damage and was left partially paralyzed in a traffic accident.
A federal judge on Thursday dealt a major blow to Christ Church Cathedral’s lawsuit charging JPMorgan Chase & Co. caused $13 million in losses in trust accounts endowed decades ago by Eli Lilly Jr. via “intentional mismanagement” and “self-dealing.”
A federal grand jury has issued a second indictment with more charges against an Indiana man accused of threatening to blow up a courthouse and kill judges in a Facebook posting.
Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Relationship of: J.G. (minor child) and A.G. (mother) v. The Ind. Dept. of Child Services (mem. dec.)
79A02-1411-JT-810
Juvenile. Affirms termination of parental rights.
Michael R. Stark v. Cathy S. Stark (mem. dec.)
31A01-1410-DR-452
Domestic relation. Affirms denial of husband’s petition to modify decree of dissolution of marriage. Remands with instructions to vacate the order he pay their sons’ phone bills until they are 26 years old.