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Opinions Oct. 6, 2014 ILD

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: A.H., Minor Child, and Ab.H., Mother v. The Indiana Department of Child Services (NFP)
49A02-1402-JT-103
Juvenile. Affirms termination of parental rights.

Steven Browning v. State of Indiana (NFP)
48A05-1402-CR-78
Criminal. Affirms 40-year sentence for conviction of Class A felony robbery resulting in serious bodily injury.

Christina Haehn v. F.A. Wilhelm Construction Co., Inc., and Wilhelm Construction, Inc. (NFP)
73A05-1404-CT-177
Civil tort. Affirms trial court award of fees in favor of Wilhelm in all respects. Denies Wilhelm’s request for appellate attorney fees.  

Christina Haehn v. F.A. Wilhelm Construction Co., Inc., and Wilhelm Construction, Inc. (NFP)
73A01-1403-CT-99
Civil tort. Reverses denial of Haehn’s motion to correct error challenging an order that she pay Wilhelm $1,000 in attorney fees, finding the request was untimely.

Warren Williams v. State of Indiana (NFP)
49A02-1309-CR-746
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

 

Ogden quitting law, citing high disciplinary fine

Indianapolis attorney and blogger Paul Ogden said he is quitting the practice of law rather than pay costs of more than $10,000 imposed on him as the result of a disciplinary case involving private comments he made about a judge.

Justices add criminal and child support cases to docket

Whether a person’s proximity to a crime scene together with circumstantial evidence is sufficient for conviction is the question for the Indiana Supreme Court in one of two cases justices will review.

New Indiana attorneys sworn in at admission ceremony

The Indiana Board of Law Examiners reported that 378 of the aspiring lawyers who sat for the July bar exam were successful in that effort. On Monday, Indiana’s newest class of lawyers was sworn in at an admission ceremony hosted by the Indiana Supreme Court.

Indianapolis again says justice complex RFP not public

A representative of Indianapolis Mayor Greg Ballard told Marion County judges Monday that the request for proposals the city issued to three teams competing to design, finance and construct a criminal justice facility is not a document the public can see.

Same-sex marriage rulings stand

The Supreme Court of the United States has let stand rulings from the 7th Circuit and other federal courts that will end laws against same-sex marriage in Indiana and other states.

Opinions Oct. 3, 2014

Indiana Court of Appeals
Eve Carson v. Stacy Palombo
49A02-1312-PL-1052
Civil plenary. Affirms trial court grant of summary judgment in favor of Palombo on Carson’s claims of defamation per se, defamation per quod and invasion of privacy by false light based upon Palombo’s comments regarding a YouTube video Carson posted criticizing the investigation of her sister-in-law’s decades-old murder. The trial court did not abuse its discretion in denying Carson’s motion to amend her complaint to include facts she knew but omitted at the time her original complaint was filed to defeat a grant of summary judgment in Palombo’s favor. There is no genuine issue of material fact that Carson’s claimed damages were incurred as a consequence of alleged defamatory statements, and in the light of other videos Carson posted on YouTube, she was cast in essentially the same light as Palombo’s comment.

Indiana teenager faces charges in hacking ring

A central Indiana teenager is one of several gaming enthusiasts accused of hacking into a U.S. Army computer network while targeting Microsoft and several video game developers.

Opinions Oct. 2, 2014 ILD

Indiana Court of Appeals
In re the Involuntary Termination of the Parent-Child Relationship of: R.L. (Minor Child) and T.L. (Father) v. The Indiana Department of Child Services (NFP)
49A05-1402-JT-81
Juvenile. Affirms involuntary termination of parental rights.

Denny Gene Inman and Lois Inman v. Charles L. Turner and Jennifer C. Turner (NFP)
47A04-1402-PL-80
Civil plenary. Affirms finding that Denny Inman failed to establish all of the elements of his claim of adverse possession by clear and convincing evidence.

Donald Worth v. State of Indiana (NFP)
49A02-1312-CR-1065
Criminal. Affirms convictions of Class A felony rape, Class B felony battery and Class D felony criminal confinement.

Nanette Zawadzki v. State of Indiana (NFP)
29A04-1402-CR-91
Criminal. Affirms conviction of Class D felony theft.

David Oxley v. State of Indiana (NFP)
38A04-1310-CR-495
Criminal. Affirms denial of motion to dismiss.
 

Opinions Oct. 2, 2014

Indiana Court of Appeals
Robert Campbell v. State of Indiana
89A04-1312-CR-634
Criminal. Affirms on interlocutory appeal the order granting the state’s motion to withdraw from guilty plea. By refusing to testify at his co-defendant’s trial, Campbell failed to tender the consideration specifically contemplated in the plea agreement. Thus, it would deprive the state of its end of the bargain to sentence Campbell in accordance with a contract that he did not fully satisfy.

US Supreme Court takes up housing bias case

For the third time in recent years, the U.S. Supreme Court will consider taking away a powerful legal tactic the Obama administration and others have used to combat housing discrimination.

Defendant’s breach of plea agreement allows state to back out

The Indiana Court of Appeals addressed an issue of first impression Thursday: whether the state can withdraw from a plea agreement after the trial court has accepted it. The state was allowed to withdraw its agreement with a defendant after the man refused to testify at his co-conspirator’s trial, which was part of the deal.