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If you plan on bringing your mobile phone, tablet or any other electronic device into court in the U.S. District Court in the Southern District of Indiana, make sure you turn it off. That’s an order from Chief Judge Richard Young.
A non-native English speaker was able to show the Indiana Supreme Court that, during his guilty plea hearing, he was not properly advised of the constitutional rights he was waiving by pleading guilty. The justices reversed the denial of his petition for post-conviction relief.
Although sympathetic to a mother and daughter’s plight, the Indiana Tax Court affirmed the 2006 assessment of a downtown Indianapolis condominium. The judge pointed out that pro se litigants are held to the same standards as licensed attorneys.
The state no longer is contesting the dismissal of official misconduct charges against former Indiana Utility Regulatory Commission Chairman David Lott Hardy.
Indiana Court of Appeals
Marilee Garrison v. State of Indiana (NFP)
82A04-1312-CR-599
Criminal. Affirms conviction and sentence for Class C felony conspiracy to commit theft.
Shemika L. Boyd v. Review Board of the Indiana Department of Workforce Development and Amazon Com INDC, LLC (NFP)
93A02-1310-EX-886
Agency action. Affirms decision that Boyd is ineligible for unemployment benefits.
Corday C. Dixon v. State of Indiana (NFP)
20A03-1311-CR-448
Criminal. Affirms convictions and sentence for two counts of Class C felony child molesting and one count of Class A felony child molesting.
Dennis Daniels v. State of Indiana (NFP)
20A05-1310-CR-517
Criminal. Affirms conviction of Class A misdemeanor criminal recklessness.
Nathan Ferguson and Deanna Ferguson v. Shiel Sexton Company, Inc. d/b/a Shiel Sexton, And WR Dunkin & Son, Incorporated; Lynch, Harrison & Brumleve, Inc.; et al (NFP)
29A02-1310-CT-839
Civil tort. Affirms summary judgment in favor of Shiel Sexton on the Fergusons’ negligence claim.
Aubrey Thompson v. State of Indiana (NFP)
49A02-1307-CR-606
Criminal. Reverses conviction of Class B misdemeanor public intoxication.
Jason Severs v. State of Indiana (NFP)
84A05-1310-CR-527
Criminal. Affirms sentence for securities fraud as a Class B felony, unlawful acts related to offer of sale of a security as a Class C felony and violating broker-dealer registration requirements as a Class C felony.
Jacob Lutz v. State of Indiana (NFP)
15A01-1310-CR-451
Criminal. Affirms determination that Lutz is a sexually violent predator.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Lori Nicklas v. Von Tobel Corporation, Individually, and d/b/a Von Tobel Lumber; and Von Tobel Lumber Company, Inc.
64A03-1310-CC-429
Civil collection. Affirms summary judgment in favor of Von Tobel Corp. and the denial of Nicklas’ motion for summary judgment on the company’s action to recover money owed on a promissory note executed by Nicklas and her husband. An agreed judgment against one obligor does not merge and extinguish the obligation of another person jointly and severally liable on the same contract, so Van Tobel was free to seek a judgment against Lori Nicklas after an agreed judgment with Shawn Nicklas had been entered.
A company is allowed to sue both parties who executed a promissory note seeking recovery of owed funds because it will still only be entitled to one satisfaction on the debt, the Indiana Court of Appeals ruled Wednesday.
A bank is able to foreclose on a mortgage against the estate of a deceased 95-year-old woman who opened the line of credit to pay her granddaughter to take care of her. But the elderly woman’s daughter argued the granddaughter unduly influenced Mildred Borgwald to open the account.
The Indiana Court of Appeals has ordered a trial on the issue of whether the known loss doctrine would bar coverage of an insurance policy held by the owner of land sold for a housing development that later was found to have been contaminated with toxic waste. A builder sued the landowner, claiming he knew of the potential contamination and failed to inform the builder.
The Indiana Court of Appeals held that a trial court did not abuse its discretion when it denied a man’s petition to revoke spousal maintenance.
The Indiana Supreme Court ruled Tuesday that while a Marion County prosecutor committed one instance of prosecutorial misconduct during a man’s trial for sexual misconduct with a minor, the effect of this misconduct did not make a fair trial for the defendant impossible.
The Office of the Indiana Attorney General announced Wednesday that the state will receive nearly $2.1 million in a multi-state settlement with GlaxoSmithKline LLC concerning three of its drugs.
Attorneys for the parents of missing Indiana University student Lauren Spierer must delay more than a dozen planned depositions. The depositions were scheduled this month in four cities in the federal civil trial naming two of the people believed to have last seen Spierer.
Two Supreme Court of the United States rulings Monday limit patent lawsuits. The SCOTUS ruled against patent holders in two cases, rejecting a legal theory used to sue technology companies and requiring patents to be written with more specific language. IBJ.com has more on the rulings.
Indianapolis-based law firm Cohen & Malad LLP and LaPorte-based law firm Friedman & Associates have filed a lawsuit against the Indiana Department of Child Services that claims the state failed to pay millions of dollars in promised subsidies to families who adopted children from the state foster-care system. The suit seeks class-action status for 1,400 families. IBJ.com has more.
Indiana Court of Appeals
5200 Keystone Limited Realty, LLC v. Filmcraft Laboratories, Inc., Eric J. Spiklemire, Portrait America, Inc., A.C. Demaree, Inc., Russ Dellen, Inc., Clean Car, Inc., et al. (NFP)
49A04-1306-CT-311
Civil tort. Affirms summary judgment in favor of Filmcraft, Spicklemire, et al. on Keystone’s property tax claim.
Michael G. Stoner v. Amy M. Stoner (McIntire) (NFP)
38A02-1310-DR-879
Domestic. Affirms denial of father’s petition for permanent change of custody and modification of support.
Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Indiana Supreme Court
Virginia E. Alldredge and Julia A. Luker, as Co-Personal Representatives of the Estate of Venita Hargis v. The Good Samaritan Home, Inc.
82S01-1305-CT-363
Civil tort. Reverses summary judgment, holding that a wrongful death claim against Good Samaritan may proceed. Holds that the Fraudulent Concealment Statute may apply to the Wrongful Death Act’s two-year filing period. Remands for proceedings.
The estate of a woman who died in a nursing home after an attack by another resident may pursue a wrongful death claim, the Indiana Supreme Court ruled Tuesday. The family was initially told the woman suffered a fall but learned of the attack years later.
A court that granted relief from a previous order in a dispute over the ownership and use of 119 semi-trailers was affirmed Tuesday by the Indiana Court of Appeals.