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The Indiana Court of Appeals has reversed a Marion County judge’s finding that IBM did not materially breach the contract it had with the state to modernize its welfare system. As a result, the appeals court ordered a determination of damages to the state.
The man who purchased 2.28 acres of land in a foreclosure sale must pay for the damage he caused by taking the law into his own hands in trying to evict a woman living in a mobile home on the property, the Indiana Court of Appeals ruled. But, the court reversed summary judgment in favor of the woman on adverse possession, prescriptive easement and trespass claims.
The Indiana Court of Appeals has found that the portion of the public intoxication statute enacted in 2012 that uses the term “annoys” is void for vagueness. As such, it reversed a man’s conviction for public intoxication that was based on annoying behavior.
Indiana’s Mock Trial competition will soon have a new home at the Indiana Bar Foundation.
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 S.D., Alleged to be a Child in Need of Services, J.B. v. Indiana Department of Child Services
49S05-1309-JC-585
Juvenile. Reverses adjudication that S.D. is a child in need of services. S.D. and her siblings were legitimately in need of services when DCS filed its petitions. But by the fact-finding hearing, mother had voluntarily addressed all but one of those concerns to the trial court’s satisfaction. In view of that judgment, the remaining evidence fails to show that mother was likely to need the court’s coercive intervention to complete that final item — and when that coercion is not necessary, the state may not intrude into a family’s life.
A Hendricks County storage facility’s claims of breach of contract and slander of title were affirmed on appeal against a contractor hired by the facility to provide excavation services. The Indiana Court of Appeals reversed the piercing of Country Contractors Inc.’s corporate veil to find its two shareholders personally liable.
The Indiana Supreme Court reversed the finding that a child with special needs is a child in need of services after ruling that the circumstances of this case don’t support that the mother needed the court’s coercive intervention to address concerns in the CHINS petition.
It’s nearly Valentine’s Day, and some couples will be tying the knot on the most romantic day of the year. For those who’d like to get married on Valentine’s Day but haven’t yet booked a venue, Marion County Clerk Beth White will marry couples Friday in an effort to raise money for the American Heart Association’s “Go Red for Women” campaign.
Former Indianapolis Metropolitan Police officer David Bisard has pleaded guilty to operating a motor vehicle while intoxicated as a Class A misdemeanor. The sentence will be served consecutively to the 16-year sentence he is currently serving for a 2010 crash that killed one motorcyclist and injured two others.
Five groups of developers have responded to Indianapolis' call for candidates to build a new criminal justice complex.
Indianapolis Legal Aid Society continues to position itself to cope with a significant loss of support from its main contributor.
Although a trial court’s words to a jury about the spirit of Indiana’s criminal law was improper and an error, it was harmless and could not overturn a defendant’s sentence of life without parole.
Indiana Court of Appeals
Jeff Howell v. State of Indiana (NFP)
49A02-1307-MI-634
Miscellaneous. Affirms denial of renewed motion for return of property.
Patricia A. Hampton and Joseph A. Hampton, individually as husband and wife; et al v. Metropolitan Property and Casualty Insurance Company (NFP)
02A04-1310-PL-509
Civil plenary. Affirms granting of Metropolitan Property and Casualty Insurance Co.’s motion for summary judgment.
Mayson L. St. Clair v. State of Indiana (NFP)
35A02-1307-CR-577
Criminal. Affirms robbery conviction as a Class B felony.
Stephen T. Perosky v. State of Indiana (NFP)
45A03-1307-CR-255
Criminal. Affirms convictions and nine-year aggregated sentence for disarming a law enforcement officer as a Class C felony; two counts of battery as Class D felonies; and two counts of resisting law enforcement as Class D felonies.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of N.M., A.M. and H.M., minor children, and J.M. Father, J.M. v. Indiana Department of Child Services (NFP)
48A05-1307-JT-327
Juvenile. Affirms involuntary termination of J.M.’s (father) parental rights to his children N.M., A.M. and H.M.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of H.R. (Minor Child) and J.N. (Mother) and M.R. (Father) v. Indiana Department of Child Services (NFP)
38A05-1305-JT-206
Juvenile. Affirms termination of J.N.’s (mother) and M.R.’s (father) parental relationship with their minor child, H.R. Judge John Baker wrote a separate opinion, concurring with the majority but finding the termination appeared to be about punishing the parents rather than protecting the child.
Richard Boylls v. State of Indiana (NFP)
82A05-1306-CR-307
Criminal. Affirms conviction for dealing in methamphetamine as a Class B felony.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Supreme Court
Paul Stieler Enterprises, Inc., d/b/a Harbor Bay, et al. v. City of Evansville and Evansville Common Council; VFW Post 2953, et al. v. City of Evansville and Evansville Common Council
82S01-1306-CT-436 and 82S01-1306-PL-437
Civil. Strikes down an amended Evansville smoking ban that exempted the Aztar riverboat casino in a 3-2 decision. Chief Justice Brent Dickson and Justices Mark Massa and Steven David held that the exception violated Article 1, Section 23 of the Indiana Constitution because it conferred a privilege on the casino that wasn’t extended to similarly situated bars, taverns and clubs. Dissenting Justices Loretta Rush and Robert Rucker found the casino’s inherent characteristics of producing a large flow of revenue and attracting a mostly out-of-town clientele placed it in a distinct group from the tavern and club establishment that challenged the exemption.
A divided Indiana Supreme Court Tuesday rejected Evansville’s amended smoking ban that exempted the former Aztar riverboat casino, now known as Tropicana Evansville.
The estate of legendary Indiana film star James Dean has sued Twitter, claiming the Internet giant permitted the unauthorized personal Twitter account @JamesDean.
Child Advocates, Inc., a nonprofit representing and protecting children in Marion County, will be giving away hundreds of books to foster children in Indianapolis as part of the national project, “A Book of My Own.”
It’s that time of the year when Bob Hammerle makes his Oscar picks. See if you agree with his choices.
We’re already over a month in to 2014. So far, the weather has wreaked havoc on school and work schedules. If you are like me, the list of things to accomplish has only gotten longer as a result. The solution? Use your technology tools more efficiently. Here are three concepts and related tips to help you (and me) dig out and catch up.