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Tackling an issue that has appeared in the Court of Appeals twice in recent months, the Senate Judiciary Committee will hear legislation that would allow guardians to file for divorce on behalf incapacitated adults.
The following Indiana Court of Appeals opinion was posted after IL deadline Friday:
Marilyn South v. Harry South (NFP)
15A01-1306-DR-251
Domestic relation. Affirms dissolution of marriage and division of assets.
The Indiana Supreme Court, Court of Appeals, Tax Court and 7th Circuit Court of Appeals are closed Monday in observance of Martin Luther King Jr. Day.
The following Indiana Court of Appeals opinion was posted after IL deadline Friday:
Marilyn South v. Harry South (NFP)
15A01-1306-DR-251
Domestic relation. Affirms dissolution of marriage and division of assets.
The Indiana Supreme Court, Court of Appeals, Tax Court and 7th Circuit Court of Appeals are closed Monday in observance of Martin Luther King Jr. Day.
Many employers with fewer than 50 workers kept their health plans for 2014, but a growing number say they’ll drop group coverage at the end of this year. Things were already trending this way before Obamacare, known officially as the Affordable Care Act. The percentage of employers with 50 or fewer workers offering health benefits in Indiana declined from 44 percent in 2000 to just 29 percent in 2011, according to a study by the Robert Wood Johnson Foundation.
Indiana attorneys across the state are using Monday as a way to pay tribute to Martin Luther King Jr. by providing free legal advice to the general public.
Former Indiana Justice Frank Sullivan Jr., now a professor at Indiana University Robert H. McKinney School of Law, will reflect on his experiences while on the Indiana Supreme Court at a Jan. 30 lecture at the law school.
The Corrections and Criminal Law Committee will hear six bills Tuesday, including controversial legislation concerning trespassing on agricultural land.
Indiana Court of Appeals
Shane L. Duckworth v. State of Indiana (NFP)
82A04-1304-CR-152
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.
Felipe Cortez v. State of Indiana (NFP)
20A04-1305-PC-237
Post conviction. Affirms denial of petition for post-conviction relief.
Samuel L. Knox v. State of Indiana (NFP)
49A02-1305-CR-429
Criminal. Affirms conviction of Class D felony intimidation.
Julianna K. Williams v. State of Indiana (NFP)
02A04-1307-CR-343
Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance and Class A misdemeanor possession of marijuana.
Landin Anderson v. State of Indiana (NFP)
49A05-1304-CR-203
Criminal. Affirms conviction of Class B felony dealing in cocaine.
In the Matter of the Termination of the Parent-Child Relationship of: L.B. and S.B., (Children), J.J. (Mother) and J.B. (Father) v. Indiana Department of Child Services (NFP)
02A05-1305-JT-250
Juvenile. Affirms termination of both parent’s parental rights.
C.C. v. State of Indiana (NFP)
76A03-1305-JV-184
Juvenile. Affirms judgment that C.C. is a delinquent child.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
Shane L. Duckworth v. State of Indiana (NFP)
82A04-1304-CR-152
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.
Legislation updating Indiana’s expungement law – including language specifying where a petition for expungement must be filed – is now eligible for consideration by the full House. The expungement bill is one of several that moved out of committee Thursday.
The United States Courts cautioned attorneys this week about an email scam in which the emails purporting to come from federal and state courts are infecting recipients with computer viruses.
The Statehouse is a common battlefield for factions in Indiana's alcoholic beverage industry, and this session, one group of beer wholesalers is firing shots in multiple directions.
Indiana Court of Appeals
Chauncey Krantz v. State of Indiana (NFP)
84A04-1302-CR-87
Criminal. Affirms 16-year sentence for Class C felony child molesting, Class C felony child exploitation and Class D felony possession of child pornography.
Ronald Lemon v. State of Indiana (NFP)
82A04-1305-CR-221
Criminal. Affirms Class D felony possession of marijuana conviction.
Jack Perkins, III v. State of Indiana (NFP)
82A04-1306-CR-315
Criminal. Affirms convictions of Class A felony child molesting and Class B felony confinement.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
Floyd County and Floyd County Plan Commission v. City of New Albany and New Albany City Plan Commission
22A05-1303-MI-139
Miscellaneous. Affirms summary judgment for the city on a lawsuit over whether the city or county has zoning jurisdiction over an unincorporated area outside the city limits. As a matter of law, the county is not entitled to exercise jurisdiction over the fringe area, nor is it required to consent to the city’s exercise of jurisdiction. Because the county has a population of less than 95,000, Indiana Code 36-7-4-205(f) determines which entity is entitled to exercise jurisdiction over the fringe area, and because the city is providing municipal services to the fringe area, it is entitled to the exercise of jurisdiction without the necessity of county approval.
Nearly 300 former patients of a national dental chain that closed Indiana locations without notice in 2011 will receive partial or total refunds, Attorney General Greg Zoeller said in a statement Thursday.
In a dispute between the city of New Albany and Floyd County concerning which entity has zoning jurisdiction over an unincorporated area outside city limits, the Indiana Court of Appeals affirmed summary judgment for the city.
The 7th Circuit Court of Appeals affirmed the confirmation of a sale of an ethanol plant in South Bend to a joint venture, rejecting a nonbidder’s claim that the establishment of the joint venture amounted to collusion that spoiled the auction.
Indiana Chief Justice Brent Dickson told a joint session of the General Assembly Wednesday that lawmakers’ help was needed to fix Marion County Township Small Claims Courts, which have been plagued by allegations of forum shopping and other criticism.
Indiana Court of Appeals
Tracy Rambo v. Jeffrey Justice, M.D. (NFP)
7A03-1308-CT-322
Civil tort. Reverses summary judgment in favor of Justice on Rambo’s medical malpractice claim. Remands for further proceedings.
Beverly Czech v. James Czech (NFP)
45A05-1305-DR-234
Domestic relation. Reverses exclusion of real property inherited by James Czech through intestate succession in the dissolution of the Czechs’ marriage. Remands for further proceedings.
Calvin Murphy v. State of Indiana (NFP)
49A02-1304-CR-360
Criminal. Affirms conviction of Class A misdemeanor battery.
Gregory Poling v. State of Indiana (NFP)
01A02-1306-CR-558
Criminal. Affirms conviction of Class D felony theft.
Demetrius Jackson v. State of Indiana (NFP)
71A05-1305-CR-215
Criminal. Affirms conviction of Class B felony robbery.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
The City of Fort Wayne v. Northern Indiana Public Service Company and NiSource, Inc.
02A04-1307-CT-366
Civil tort. Affirms summary judgment for NIPSCO and NiSource on the city’s lawsuit after NIPSCO’s contractor damaged an underground drain, causing flooding. The city’s failure to discharge its statutory duties to provide accurate locations of its underground facilities to NIPSCO is dispositive of all claims on appeal.