Justices take trio of criminal cases
The Indiana Supreme Court added three criminal cases to its docket last week.
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Opinions Nov. 3, 2014 ILD
Indiana Court of Appeals
In Re the Matter of: K.J.W., A Child in Need of Services and A.L.W. v. The Indiana Department of Child Services (NFP)
02A03-1405-JC-158
Juvenile. Affirms adjudication of K.J.W. as a child in need of services.
Kelli Greene v. State of Indiana (NFP)
49A02-1404-CR-241
Criminal. Affirms conviction of Class A misdemeanor battery.
Jade M. Cook v. State of Indiana (NFP)
34A02-1403-CR-198
Criminal. Affirms convictions of Class A misdemeanor possession of paraphernalia and Class B misdemeanor visiting a common nuisance.
Fabian Lavell Bennett v. State of Indiana (NFP)
82A01-1403-CR-150
Criminal. Affirms on interlocutory appeal denial of a motion to suppress evidence in a drug case.
Gage Patrick Ringer v. State of Indiana (NFP)
45A04-1403-CR-129
Criminal. Affirms on interlocutory appeal grant of a motion to order Ringer to submit to a buccal swab in a rape case.
George Ivory v. State of Indiana (NFP)
49A02-1404-CR-263
Criminal. Affirms conviction of Class C felony burglary.
Opinions Nov. 3, 2014
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of D.B.M. and H.B. (Father) v. Indiana Department of Child Services
02A03-1405-JT-171
Juvenile. Affirms trial court’s order to terminate father’s parental rights. Rules the testimony of Allen County Department of Child Services supervisor was cumulative of the other evidence so any error in admitting the testimony was harmless. Also finds the evidence presented at the hearing supports the trial court’s conclusion that the conditions which necessitated the child’s removal from the father’s care would not be remedied.
Judge: Heroin use is driving explosion in CHINS filings
More than 25,000 Marion County youths have been referred to juvenile court this year for adjudication as children in need of services, an increase of more than 35 percent compared to last year.
DCS supervisor testimony did not sway case against father
Allowing a child services supervisor’s hearsay testimony about a father’s fitness to retain his parental rights was, at most, a harmless error, the Indiana Court of Appeals has ruled.
Judge rejects bid for injunction in Indianapolis judicial elections
A federal judge last week denied a request from Democratic candidates who sued to be placed on Tuesday’s general election ballot for Marion Superior judge.
Southern District opens comment period on proposed rule changes
The federal court for the Southern District of Indiana will accept comments through the end of November on proposed rule changes pertaining to filing under seal and non-electronic filing.
Summary judgment inappropriate in light of pending discovery
Noting a pending discovery may still turn up answers, the Indiana Court of Appeals overturned a summary judgment and allowed a feud between former business partners to continue.
Opinions Oct. 31, 2014 ILD
Indiana Court of Appeals
Richard Reeves v. State of Indiana (NFP)
49A05-1404-CR-151
Criminal. Affirms 45-year sentence for Class A felony child molesting.
Thomas Boswell v. State of Indiana (NFP)
82A01-1405-CR-193
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.
M.D. v. R.M. (NFP)
29A05-1404-PO-185
Protective order. Affirms order granting R.M.’s request for an order of protection.
Gregory Green v. State of Indiana (NFP)
49A04-1311-PC-610
Post conviction. Affirms denial of petition for post-conviction relief.
Sally Applegate-Rodeman and Leslie M. Rodeman v. JDK, LLC d/b/a Livrite Fitness (NFP)
49A02-1312-PL-1044
Civil plenary. Affirms summary judgment in favor of Livrite Fitness as to the Rodemans’ claims for compensation for injuries Applegate-Rodeman suffered while exercising at the facility.
Opinions Oct. 31, 2014
Indiana Court of Appeals
Michael Dwain Neal v. Amanda Lee Austin
49A02-1404-DR-225
Domestic relation. Reverses grant of Austin’s petition for post-secondary education expenses on behalf of her and Neal’s adult child. The trial court did not have authority to issue an order for educational support. Holds that I.C. 31-16-6-6(c) and -6(d) necessitates that where the most recent order establishing a child support obligation was issued after June 30, 2012, the child must file a petition for educational needs before he or she becomes 19 years of age.
Treatment facility that released patient information not entitled to summary judgment
A man who says he is suffering negative repercussions after a mental health facility released his medical information to a family member will be able to move forward with his case in court.
COA: Insurance agent did not have duty to advise
The Indiana Court of Appeals affirmed summary judgment in favor of an agent and an insurance company after the owner of a pub sued them believing they owed a duty to advise that the policy the pub chose would be insufficient to cover the replacement cost of the building.
Judges affirm county commissioners can sue attorney for legal malpractice
The trial court did not err in denying an attorney’s motion to dismiss a legal malpractice claim brought against him by Clark County’s Board of Commissioners and Aviation Board, the Indiana Court of Appeals ruled.
Trial court lacked authority to order dad to pay for child’s college
Tackling an issue of first impression involving a request for payment of post-secondary education expenses, the Indiana Court of Appeals held that a child support order under I.C. 31-16-6-6 refers to the parties’ most recent order concerning support.
7th Circuit will hear killer’s appeal en banc
The full 7th Circuit Court of Appeals will decide whether an Arkansas man on death row should die for killing a Texas woman nearly 20 years ago. The judges decided Wednesday to grant Bruce Carneil Webster’s petition for rehearing en banc.
COA dismisses appeal as moot since inmate has been released
Because a man who was sent to the Department of Correction after his community corrections placement was revoked has been released from prison, his appeal is moot, the Indiana Court of Appeals ruled Friday.
Judges dismiss appeal of small claims judgment as untimely
Finding an auto dealer untimely appealed the denial of his motion to correct error regarding a judgment in favor of a buyer, the Indiana Court of Appeals dismissed the appeal.
Trial of surgeon in murder plot may be moved
A northern Indiana surgeon accused of plotting to kill his ex-wife and make it look like suicide could get a change of venue for his upcoming trial.
Woman convicted in deadly wrong-way crash appears in court
Attorneys for an Indianapolis woman convicted of killing six children and a 40-year-old man in a head-on traffic collision asked a judge for a new trial Thursday, arguing in part she had inadequate legal counsel.
Indiana’s high court hears IBM welfare case
Indiana's Supreme Court justices grilled attorneys for the state and IBM Corp. on Thursday about the company's failed attempt to privatize Indiana's welfare services, which prompted the state to cancel IBM's $1.3 billion state contract less than three years into the 10-year deal.