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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.

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.

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.

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.

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.

Opinions Oct. 30, 2014 ILD

Indiana Court of Appeals
Michael W. Anderson v. State of Indiana (NFP)
45A03-1402-PC-55
Post conviction. Affirms denial of petition for post-conviction relief.

Christopher Hopkins v. State of Indiana (NFP)
79A02-1403-CR-216
Criminal. Affirms sentence for two counts of Class C felony sexual misconduct with a minor and one count of Class D felony possession of marijuana.

E.I. v. State of Indiana (NFP)
49A05-1403-JV-137
Juvenile. Affirms determination E.I. is a delinquent for committing what would be Class B felony child molesting and Class C felony child molesting if committed by an adult.

Letitia Kurabara v. Creative Real Estate Property Management (NFP)
48A02-1402-SC-83
Small claim. Affirms there is an agency relationship between Kurabara and a family friend she rented her house to. Affirms damages award in the amount of $4,724.29, but it is not clear the court accounted for the $1,365 in payments retained by Creative Real Estate Property Management, which managed the property. Remands for further proceedings.