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Indiana Court of Appeals
Willie Jenkins v. Mary Jenkins
49A02-1403-DR-132
Domestic relation. Reverses grant of Mary Jenkins’ motion to vacate a contempt hearing. It was not in the interests of justice for the trial court to ignore its rule of allowing 15 days to respond and granting her motion prior to allowing Willie Jenkins time for response. Remands for further proceedings.
From different communities in different parts of Indiana, two county sheriffs told lawmakers very similar stories about the mentally ill individuals who end up in their jails.
The $14.5 million defamation verdict awarded against State Farm Fire & Casualty Co. in favor of a contractor who accused the insurer of defaming him remains in place after the Indiana Court of Appeals rejected the company’s claim that fraud requires a new trial.
The Indiana Court of Appeals rejected a defendant’s claim that he should be given an opportunity to appeal his sentence, an option he waived by entering into a plea agreement, even though the trial court erroneously indicated he had a right to appeal and the state did not object to that advisement.
A Marion Superior Court erred when it granted a woman’s motion to vacate a hearing on contempt charges against her without giving her ex-husband 15 days to file a response, as permitted under local rules, the Indiana Court of Appeals ruled Tuesday.
The list of applicants who were successful on the July Indiana bar examination is posted on the court’s website. Those who meet the other requirements of being admitted will participate in an admission ceremony Oct. 6.
An Indiana judge will allow reporters to post on social media during the sentencing of a former Purdue University student who pleaded guilty to murder in the fatal shooting and stabbing of a fellow student in January.
The 7th Circuit Court of Appeals has granted the motion for a stay of mandate filed by the defendants in Indiana’s same-sex marriage lawsuits.
Indiana Court of Appeals
Jeremiah Lee Collins v. State of Indiana (NFP)
21A01-1405-CR-192
Criminal. Affirms revocation of probation.
In the Matter of J.C. v. State of Indiana (NFP)
87A01-1403-JV-134
Juvenile. Affirms determination J.C. is competent to stand trial.
Michael A. Windhorn v. State of Indiana (NFP)
91A02-1312-PC-1074
Post conviction. Affirms denial of petition for post-conviction relief.
Brenda Beecher v. State of Indiana (NFP)
49A05-1401-CR-27
Criminal. Reverses two convictions of Class D felony theft.
Shelley Murphy v. Indiana Women's Prison and Correctional Medical Services, Inc. (NFP)
49A02-1311-CT-915
Civil tort. Affirms denial of motion to set aside summary judgment in favor of Indiana Women’s Prison and Correctional Medical Services Inc. on Murphy’s complaint alleging medical malpractice.
Joshua Batchelor v. State of Indiana (NFP)
15A01-1402-CR-83
Criminal. Affirms denial of motion to correct erroneous sentence.
In the Matter of the Termination of the Parent-Child Relationship of: A.C., Minor Child, and R.A., Mother v. The Indiana Department of Child Services (NFP)
49A04-1402-JT-59
Juvenile. Affirms denial of mother’s Trial Rule 60(B) motion for relief from judgment.
Matthew J. Knight v. State of Indiana (NFP)
45A03-1401-CR-31
Criminal. Affirms 11-year sentence following guilty plea to Class C felony reckless homicide and to the use of a firearm in the commission of an offense, a sentencing enhancement.
Ryan D. Smith v. State of Indiana (NFP)
85A05-1403-CR-103
Criminal. Affirms convictions of Class D felony residential entry, Class A misdemeanor resisting law enforcement and Class A misdemeanor criminal mischief.
Desmond J. Sanders v. State of Indiana (NFP)
49A05-1401-CR-42
Criminal. Affirms convictions of Class C felonies battery and carrying a handgun without a license.
In the Matter of the Termination of the Parent-Child Relationship of S.F. and A.D., T.F. v. Indiana Department of Child Services (NFP)
71A03-1402-JT-68
Juvenile. Affirms termination of parental rights.
Indiana Court of Appeals
Jeremiah Lee Collins v. State of Indiana (NFP)
21A01-1405-CR-192
Criminal. Affirms revocation of probation.
In honor of Constitution Day, Indiana judges will commemorate, educate and celebrate with schoolchildren and new United States citizens at events throughout the week.
The Indiana Supreme Court will not stay a contempt order entered against the mayor of Kokomo over construction at the Howard County courthouse.
A California mediator and trainer will present “Brains Matter: The Science and Art of Using the Brain in Mediation” during the 4th annual Midwest Mediators Conference in Indianapolis Sept. 26-27.
The family of a teenager who died of an apparent suicide in the back of a police car two years ago is suing the city of Anderson for wrongful death and negligence.
The Interim Study Committee on Corrections and Criminal Code's first meeting will focus much of its attention on the mental health of offenders.
Indiana has hired more case workers to keep track of its most vulnerable residents, but complaints about overwork continue to surface as the state battles turnover and questions the accuracy of data on caseloads.
The Indiana Bureau of Motor Vehicles has asked a court to block the release of video depositions in a lawsuit that claims the agency overcharged motorists.
Indiana Court of Appeals
Gregory Davis v. State of Indiana (NFP)
49A02-1402-CR-76
Criminal. Affirms conviction of Class D felony criminal recklessness.
Eric D. Smith v. Keith Butts (NFP)
33A01-1402-MI-87
Miscellaneous. Dismisses appeal of denial of Smith’s motion for relief from judgment and petition for reading of decision.
Veronica E. Perry v. State of Indiana (NFP)
41A01-1312-CR-546
Criminal. Affirms conviction of Class D felony theft and sentence of 910 days in the Indiana Department of Correction.
Albert J. Lane v. State of Indiana (NFP)
42A01-1401-CR-34
Criminal. Affirms conviction of Class B felony arson.
Philip H. Chamberlain v. State of Indiana (NFP)
53A01-1309-CR-425
Criminal. Vacates denial of verified petition to expunge arrest record as the court’s order is void for lack of personal jurisdiction.
In the Matter of the Termination of the Parent-Child Relationship of: L.M. and Z.W. (Minor Children) and A.M. (Mother) v. The Indiana Department of Child Services (NFP)
90A02-1312-JT-1067
Juvenile. Affirms termination of parental rights.
Clark A. Klemme v. State of Indiana (NFP)
29A04-1309-CR-488
Criminal. Affirms convictions of two counts of Class D felony theft.
Bernard Ford v. State of Indiana (NFP)
02A03-1401-CR-15
Criminal. Affirms conviction of Class D felony criminal recklessness.
Lee Tibbetts v. State of Indiana (NFP)
49A02-1403-PC-153
Post conviction. Affirms denial of petition for post-conviction relief.
Stacy Knighten v. East Chicago Housing Authority Individually and d/b/a West Calumet Complex, Davis Security Service, LLC, and Donnell Caldwell (NFP)
45A04-1312-CT-632
Civil tort. Affirms summary judgment in favor of East Chicago Housing Authority and Davis Security Service in Knighten’s action to recover damages for injuries she suffered after an incident at an ECHA property.
Joseph Brett Mayer v. State of Indiana (NFP)
03A04-1401-CR-44
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.
In re the Paternity of: S.L. b/n/f R.H.B. v. T.L. (NFP)
82A01-1404-JP-183
Juvenile. Affirms denial of petition to change the surname of the biological child.
Nikki Russell v. State of Indiana (NFP)
84A05-1312-CR-587
Criminal. Affirms 10-year aggregate sentence following guilty plea to five counts of Class C felony neglect of a dependant and two counts of Class C felony criminal confinement. Remands with instructions for the court to clarify its sentencing order.
Indiana Court of Appeals
In re the Marriage of Tina M. Harpenau v. Robin P. Harpenau
62A01-1401-DR-37
Domestic relation. Affirms grant of father’s petition to modify, awarding him primary physical custody of the children and granting mother the same parenting time as father originally had, as well as that mother pay child support. The trial court did not abuse its discretion in modifying custody due to her proposed move or in modifying child support accordingly.
A Monroe County attorney who was arrested in 2008 on allegations of misconduct involving his clients and violations of the Indiana Securities Act was unsuccessful in his attempt to have similar charges filed in 2006 expunged.