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The Indiana Court of Appeals Monday decided that the town of Newburgh was statutorily authorized to pass an ordinance prohibiting others from providing new sewer services to customers within four miles of its corporate boundaries.
Indiana Court of Appeals
Shubham Chopra v. Shena Pendyala (NFP)
03A01-1305-SC-191
Small claim. Affirms judgment in favor of Pendyala on Chopra’s action seeking damages for the diminished value of Chopra’s car following a collision with the car driven by Pendyala.
James Mira v. State of Indiana (NFP)
49A04-1305-CR-245
Criminal. Affirms conviction of Class D felony theft.
Marcus R. Carter v. State of Indiana (NFP)
02A03-1304-CR-126
Criminal. Affirms eight-year sentence for Class C felony forgery.
Usman Alim Khan v. State of Indiana (NFP)
29A02-1306-CR-470
Criminal. Affirms denial of petition for alternative misdemeanor sentencing.
Timothy G. White v. State of Indiana (NFP)
09A04-1203-CR-140
Criminal. Affirms denial of petition for jail time credit.
In the Matter of the Termination of the Parent-Child Relationship of: S.T., Minor Child, T.T., Father v. Indiana Department of Child Services (NFP)
57A03-1304-JT-150
Juvenile. Affirms involuntary termination of parental rights.
Eugene L. Small v. Brandi L. Foster (NFP)
34A04-1306-JP-274
Juvenile. Affirms denial of father’s petition to modify custody.
In the Matter of the Termination of the Parent-Child Relationship of: Q.M. and E.M., Minor Children, B.M., Father v. Indiana Department of Child Services (NFP)
15A04-1303-JT-142
Juvenile. Affirms involuntary termination of parental rights.
Hervey Clanton v. State of Indiana (NFP)
20A05-1304-CR-194
Criminal. Affirms convictions and sentence for two counts of Class A felony dealing cocaine within 1,000 feet of a family housing complex, one count of Class B felony possession of a firearm by a serious violent felon, and three counts of Class C felony neglect of a dependent.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
7th Circuit Court of Appeals
Michael E. Garcia v. Carolyn W. Colvin
13-2120
Civil. Reverses the Social Security Administration’s denial of disability benefits for Michael E. Garcia, finding that the denial was riddled with error and that the record shows Garcia is among the most seriously disabled applicants for disability the Circuit Court has encountered. Remands to the Social Security Administration for proceedings consistent with the opinion.
Judges of the 7th Circuit Court of Appeals Friday slapped down the denial of disability benefits for a man they said was among the most severely disabled applicants they had ever seen.
What was called the key to making Indiana’s new criminal code work has received a nod of approval and is now headed to the Legislature.
Indiana law does not automatically void a marriage if one of the parties later is legally recognized as the same gender as the spouse, the Indiana Court of Appeals ruled Friday.
In a matter of first impression, the Indiana Court of Appeals Friday concluded that a return of service on a protective order is not testimonial, so its admission at trial did not violate a defendant’s rights under the Confrontation Clause.
A man who turned his car sharply enough to force his girlfriend out of the car and onto the road had his conviction of Class A misdemeanor criminal recklessness affirmed by the Indiana Court of Appeals.
The Indiana Court of Appeals upheld the conviction of a man who shot at police when they attempted to serve a search warrant. The judges were, however, divided as to whether the trial court erred in giving jury instructions on the presumption of innocence.
The Indiana Court of Appeals rejected a man’s argument that his child molestation conviction should be reversed because the trial court did not tender his jury instruction on the presumption of innocence. The judges found the court’s instruction adequately instructed the jury.
More than 6,500 Hoosiers will share $1.35 million in a class-action settlement reached in long-running litigation against an online payday lender that in some cases charged finance fees that exceeded 1,000 percent annual percentage rates.
Marion Superior Judge Kimberly Brown’s last-minute apology and vouching from former Indiana Justice Frank Sullivan Jr. should not be considered in her disciplinary case, the Judicial Qualifications Commission argued in a brief filed Thursday.
A Morgan County man failed to convince a Court of Appeals panel that ineffective assistance of counsel and prosecutorial misconduct should entitle him to relief from a child molestation conviction.
Court-ordered environmental damages caused by PCB contamination at a Churubusco industrial site were reduced from a total of $154,632 to $7,383 on Thursday by a panel of the Indiana Court of Appeals.
Indiana Court of Appeals
Edwin Rwoti v. State of Indiana (NFP)
02A04-1304-CR-181
Criminal. Affirms conviction of Class D felony sexual battery.
Raphael Miles v. State of Indiana (NFP)
82A01-1306-CR-295
Criminal. Affirms denial of motion to correct erroneous sentence.
Maxwell Swisher v. State of Indiana (NFP)
06A04-1304-CR-173
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
In the Matter of: J.C. and A.M.C. (Minor Children), Children in Need of Services, and A.K.C. (Mother) v. Indiana Department of Child Services (NFP)
29A04-1305-JC-216
Juvenile. Affirms J.C.’s designation as a child in need of services but vacates with respect to A.M.C.
T. Kyle Buehner v. Evansville Teachers Federal Credit Union (NFP)
82A01-1302-CC-61
Civil collection. Affirms judgment in favor of the credit union, finding it had authority to seize funds in Buehner’s savings account to satisfy his father’s debt.
In the Matter of the Termination of the Parent-Child Relationship of: D.W., Minor Child, G.W., Father v. Indiana Department of Child Services (NFP)
49A02-1304-JT-333
Juvenile. Affirms involuntary termination of parental rights.
Jeffrey O. Gilstrap v. Michael D. Mount (NFP)
39A01-1303-SC-103
Small claim. Affirms denial of Gilstrap’s motion for relief from judgment.
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
Tyrice J. Halliburton v. State of Indiana
20S00-1206-LW-560
Life without parole. Affirms murder conviction and sentence of life without parole. The trial court did not err in admitting certain evidence. Concludes the trial court committed no error, let alone fundamental error, by admitting photographs into evidence. Finds the court’s limiting instruction was erroneous, but Halliburton made no claim that the error was fundamental and no such fundamental error occurred.
Finding the interests of justice require a new trial for a man convicted of a federal gun crime in which the government withheld potentially exculpatory evidence, Judge William T. Lawrence granted his request Wednesday in the Southern District of Indiana Terre Haute division.
The Indiana Court of Appeals affirmed that a woman’s relationship outside of her marriage prevents her from inheriting from her deceased husband’s estate.
A woman who threatened that her baby’s father and his brother would kill the man who punched her several times had her conviction of murder upheld by the Indiana Court of Appeals. She sat in a car while with the boyfriend and his brother killed the man.
The Indiana Supreme Court Thursday concluded that a laboratory technician involved in the chain of custody of DNA evidence is not required to testify at trial in order to satisfy the demands of a defendant’s Sixth Amendment right of confrontation.