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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.

Judge concerned remonstrators may not have enough time to ask for a stay

The Indiana Court of Appeals affirmed the annexation by the city of Martinsville of approximately 3,000 acres, finding the remonstrators’ appeal is moot because they did not ask for a stay of the annexation approval. But one judge had concerns that municipality clerks may be able to make an annexation final before remonstrators have enough time to consider requesting a stay.

Federal prosecutors charge 22 in alleged drug ring

Federal authorities said Wednesday they disrupted a major drug trafficking network stretching from Mexico to six U.S. states, and investigators partially credited a Chicago-based task force that focuses on the nexus between Mexican cartels and street gangs.

Indiana AG proposes home contractor registry

Indiana residents looking to hire contractors for home repair or remodeling projects would be able to search a state registry that's among a package of legislative proposals Attorney General Greg Zoeller said Tuesday he's supporting in an effort to boost consumer protections.

Judge tosses suit over IU student’s disappearance

A federal judge has thrown out the lawsuit filed by the parents of an Indiana University student last seen more than three years ago against two men who were with her the night she vanished.

Opinions Oct. 1, 2014

Indiana Supreme Court
Robert Corbin v. State of Indiana
75S03-1401-CR-13
Criminal. Affirms trial court denial of a motion to dismiss a charge of attempted child seduction and remands for further proceedings. Whether Corbin’s Facebook communications propositioning a 16-year-old student for sex constituted the required substantial step toward the crime is a question not ripe for dismissal on interlocutory appeal. Justices found the charges match the statutory elements sufficient to survive a motion to dismiss at this time.

Court must reconsider man’s request for credit time

A trial court mistakenly believed it could not award educational credit time to a man serving his sentence on home detention, so the Indiana Court of Appeals ordered the court to re-evaluate his petition.