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A majority on the Indiana Court of Appeals Friday reversed summary judgment in favor of the facilitator of an adoption on a negligence claim brought by the adoptive parents after the baby’s biological father sought and was awarded custody.
The Indiana Court of Appeals has reversed the grant of custody in favor of an Indiana father because the trial court lacked subject matter jurisdiction under the Uniform Interstate Family Support Act to make a custody determination.
A panel of the Indiana Court of Appeals Monday will hear arguments on whether four misconduct charges should have been dismissed against former Indiana Utility Regulatory Commission chairman David Lott Hardy.
Indiana Court of Appeals
Bobby Wine v. State of Indiana (NFP)
85A05-1307-CR-382
Criminal. Affirms conviction of Class B felony dealing in a Schedule I, II or III controlled substance.
In the Matter of the Adoption of L.T.: J.M. and S.M. v. C.T. (NFP)
49A05-1310-AD-493
Adoption. Affirms order by Marion Superior Court, Probate Division, terminating the guardianship of L.T. by his maternal grandparents on grounds that Hamilton Superior Court 1 lacked subject-matter jurisdiction over L.T.’s guardianship. Remands for further proceedings, including that the parties immediately place L.T. in her father’s custody.
Ty C. Wilkerson v. State of Indiana (NFP)
79A02-1307-CR-609
Criminal. Affirms conviction and eight-year sentence for Class C felony battery resulting in serious bodily injury.
Mardel Hill v. State of Indiana (NFP)
02A03-1309-CR-377
Criminal. Affirms grant of state’s motion to join charges under two separate cause numbers for trial.
Austin M. Scholl v. State of Indiana (NFP)
29A02-1309-CR-801
Criminal. Affirms convictions of Class B felony criminal deviate conduct and Class D felony sexual battery.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Supreme Court
Christopher Smith v. State of Indiana
18S02-1304-CR-297
Criminal. Affirms conviction and sentence for Class B misdemeanor failure to report a student’s rape allegation to DCS or local law enforcement based on the statute that requires a school to report instances of child abuse. The reporting requirement is not unconstitutionally vague and there is sufficient evidence to sustain Smith’s conviction. Justices Rucker and Chief Justice Dickson dissent in a separate opinion.
The Indiana Court of Appeals dismissed a Porter County man’s appeal of a judge’s decision to reset a hearing on a temporary protection order for six months after the victim had an anxiety attack while testifying. The judges held Douglas Allison had to seek a discretionary interlocutory appeal in the matter.
Because a car dealership and its registered agent did not receive notice of a hearing on default judgment, the judgment entered against it was void for want of jurisdiction, the Indiana Supreme Court ruled.
A split Indiana Supreme Court Thursday upheld a misdemeanor failure to report child abuse conviction against former Muncie Central High School principal Christopher Smith. The dissent believed the state failed to show he had reason to believe an alleged rape was child abuse.
Gov. Mike Pence this week has signed numerous bills into law, including the legislation that reconciles conflicts between HEA 1006-2013, which reformed the state’s criminal code, and other bills touching on criminal law.
The decision by the National Labor Relations Board in Chicago to allow Northwestern University football players to unionize could dramatically change college athletics and have substantial repercussions for the Indianapolis-based NCAA. IBJ.com has more on Wednesday’s ruling.
Indiana Court of Appeals
Donovan Ball v. State of Indiana (NFP)
48A02-1308-CR-714
Criminal. Affirms convictions of Class D felony criminal gang activity and Class A felony attempted murder.
Matthew Ramsey v. State of Indiana (NFP)
48A02-1308-CR-704
Criminal. Affirms revocation of work release placement and probation.
Jonah Long v. State of Indiana (NFP)
49A04-1308-CR-392
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class A misdemeanor resisting law enforcement.
Caleb J. Brubaker v. State of Indiana (NFP)
08A05-1310-CR-492
Criminal. Affirms conviction of resisting law enforcement as a Class A misdemeanor.
Robbie L. Hubbard v. State of Indiana (NFP)
03A05-1310-CR-512
Criminal. Affirms conviction of Class A misdemeanor conversion.
Bradley P. Burcham v. Nichole (Burcham) Fillmore (NFP)
49A04-1307-DR-347
Domestic relation. Affirms denial of Burcham’s appeal of the denial of his petition to increase visitation consistent with the Indiana Parenting Time Guidelines.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Supreme Court
In the Matter of the Involuntary Termination of the Parent-Child Relationship of I.P., T.P. v. Indiana Department of Child Services, and Child Advocates, Inc.
49S02-1402-JT-81
Juvenile. Reverses termination of parental rights. Finds the procedure used violated the father T.P.’s due process rights. The magistrate who presided over the termination hearing resigned before reporting recommended findings and conclusions to the judge. Another magistrate, without holding a new evidentiary hearing, reviewed the record and reported recommended findings and conclusions to the judge, who ordered the mother’s parental rights terminated. Holds Trial Rule 63(A) is inapplicable.
In two short, per curiam decisions, the Indiana Supreme Court found the parental rights of two Marion County parents should not have been terminated because of due process violations after the magistrate who heard their cases resigned before reporting recommended findings and conclusions.
A driver pulled over in Clark County for speeding was able to convince the Indiana Court of Appeals Wednesday that the infraction should be reversed because the state couldn’t prove its case.
The Indiana Court of Appeals Wednesday pointed out that a defendant needs to assert the defense of abandonment in some manner at trial. The judges rejected a man’s claim that the defense does not require a formal pleading or notice of the defense.
Electronic book customers in Indiana will begin receiving refunds this week as a result of a settlement reached between five major U.S. publishers and 33 state attorneys general.
A new program established by Indiana University Maurer School of Law and Rose-Hulman Institute of Technology will allow select Rose-Hulman graduates to study at the IU law school at a reduced tuition rate.
Indiana Court of Appeals
Robert Morris Endris v. Jennifer Lynn Endris (NFP)
41A01-1303-DR-130
Domestic relation. Reverses visitation order that stopped visits between Robert Endris and his daughter and modified parenting time with the other children without explanation. Also reverses order that paternal grandmother, who was not a party to the dissolution, host the children during bi-annual visits. Remands to the trial court to enter an order either complying with Parenting Time Guidelines or explaining the deviation when modifying the visitation for the other children. Affirms denial of Endris’ motion to modify child support.
Vernon Robinson v. Estates At Eagle's Pointe (NFP)
52A02-1306-PL-528
Civil plenary. Reverses the trial court’s order to the extent that it awarded the Estates $57,375 but affirms the remainder of the order. Remands for entry of judgment in favor of Estate in the amount of $46,375 plus attorneys fee of $25,000 and costs.
Dennis Knight v. State of Indiana (NFP)
71A04-1309-CR-475
Criminal. Affirms conviction of one count of Class B felony robbery.
Richard Antonio Clark v. State of Indiana (NFP)
45A03-1308-CR-337
Criminal. Affirms three-year sentence for Class D felony strangulation and Class A misdemeanor domestic battery.
The Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.
Indiana Supreme Court
Joanna S. Robinson v. State of Indiana
20S04-1307-CR-471
Criminal. Affirms trial court’s denial of Robinson’s motion to suppress. Agrees with trial court in giving deference to deputy’s testimony that he initiated the traffic stop after observing Robinson drive off the roadway twice even though the video from the deputy’s in-car camera only shows Robinson weaving onto the fog line. Rucker dissents, asserting giving credit to the deputy’s testimony over the video amounts to reweighing evidence.
A pair of opinions from the Indiana Supreme Court examines two Terry stops made by police officers and through opposite rulings emphasizes law enforcement must have reasonable suspicion to pull over a driver.