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A $62 million judgment against the state for canceling a contract with IBM to overhaul Indiana’s social services administration is clearly erroneous, an attorney for the state argued Monday, while an IBM lawyer argued the company was entitled to even greater damages.
Indiana Court of Appeals
James L. Graham v. State of Indiana (NFP)
73A01-1304-CR-151
Criminal. Vacates a purported habitual offender enhancement and affirms the three-year aggregate sentence following guilty pleas to Class D felony operating a vehicle while intoxicated, Class A misdemeanor operating with suspended license and Class B misdemeanor false informing.
James Mathis v. State of Indiana (NFP)
49A02-1305-CR-399
Criminal. Affirms placement with the Department of Correction after he was thrice found to have violated the terms of his community corrections placement.
Dorian Stephens v. State of Indiana (NFP)
20A05-1304-CR-175
Criminal. Affirms convictions of three counts of Class B felony dealing in a narcotic and one count of Class D felony money laundering. Remands for sentencing clarification and correction.
Charles E. Norris v. State of Indiana (NFP)
57A03-1302-CR-61
Criminal. Affirms Norris was not denied his Sixth Amendment right to counsel when he attempted to withdraw his guilty plea.
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
James L. Graham v. State of Indiana (NFP)
73A01-1304-CR-151
Criminal. Vacates a purported habitual offender enhancement and affirms the three-year aggregate sentence following guilty pleas to Class D felony operating a vehicle while intoxicated, Class A misdemeanor operating with suspended license and Class B misdemeanor false informing.
The Criminal Law and Sentencing Policy Study Committee will hold two final meetings in December – Dec. 10 and 19 – to look at funding and sentencing.
This summer, Altman Weil Inc. predicted 2013 could be a record year for law firm mergers and acquisitions. Turns out, the legal consulting company was correct: 78 law firm mergers have occurred this year, taking down the previous record of 70 mergers and acquisitions in one year.
The Evansville police officer convicted in the 1990s of murder and arson for the death of his mistress will not be getting a new trial. The Indiana Supreme Court declined Glenn Patrick Bradford’s appeal, leaving his convictions in place.
The Indiana Court of Appeals and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Supreme Court
Harold O. Fulp, Jr. v. Nancy A. Gilliland
41S01-1306-TR-426
Trust. Reverses denial of specific performance of the purchase agreement to Harold Fulp Jr. Under the terms of the trust and the Trust Code, Ruth Fulp owed her children no fiduciary duties and was free to sell her farm at less than fair market value; Harold Fulp Jr. is therefore entitled to specific performance. Concludes that Ruth Fulp did not effectively amend the trust by selling the farm.
The Indiana Supreme Court accepted a revocable trust case to answer the first impression question: While a trust is revocable, whom does the trustee serve? The justices concluded that an Indiana woman, as trustee, served herself.
The 7th Circuit Court of Appeals Thursday reversed the decision by a federal judge that Indiana’s Automated Dialing Machine Statute is preempted by the federal Telephone Consumer Protection Act. The injunction entered against enforcing the law had been stayed by the appellate court pending appeal.
The Indiana Supreme Court Thursday reversed the admittance of statements a woman made to police after a concerned citizen set up a sting operation attempting to catch an alleged drug dealer. The justices held that the warrantless seizure of Danielle Kelly’s person and vehicle violated her constitutional rights.
An auction of art, wine and household furnishings seized from the former Carmel home of convicted ex-attorney William Conour fetched more than $105,000, most of which will go toward restitution for his client victims.
The U.S. Senate has voted to change how many votes are required to break a filibuster to approve executive and judicial nominees, reducing the threshold to the simple majority of 51. The change came about after several nominees were blocked by Republicans.
Indiana Court of Appeals
Germaine Jones v. State of Indiana (NFP)
49A02-1305-CR-396
Criminal. Affirms convictions of Class B felonies robbery and criminal confinement.
Arthula Miller v. State of Indiana (NFP)
49A05-1212-PC-664
Post conviction. Affirms denial of petition for post-conviction relief.
Jennifer K. Stevenson v. David C. Stevenson (NFP)
11A01-1304-DR-160
Domestic relation. Affirms order awarding primary physical and legal custody of two minor children to father David Stevenson.
Keith Eller, Nathaniel Hall, and Jeffrey Tatum v. City of Gary, Gary Police Civil Service Commission, and Vergie Thornton (NFP)
45A04-1212-PL-662
Civil plenary. Affirms the grant of summary judgment against Hall and Tatum and reverses the grant of summary judgment against Eller on the complaint seeking damages, declaratory judgment and injunctive relief. Determines as a matter of law that the commission violated its own rules, as well as local ordinance, when it failed to process Eller’s appeal of his exam score. The commission, however, did not violate its rules when it denied Eller’s request to review his written exam. Remands this cause to the trial court for further consideration of Eller’s complaint.
Matthew Schrock v. State of Indiana (NFP)
44A03-1302-CR-65
Criminal. Reverses conviction of Class B misdemeanor reckless driving. Remands for judgment to be entered for speeding and disregarding a stop sign.
Stephanie A. Johnson v. Eric Edward Powell (NFP)
26A04-1304-DR-159
Domestic relation. Affirms custody modification awarding primary physical custody of two minor children to father Eric Edward Powell.
Andrew Lee Watts v. State of Indiana (NFP)
64A01-1208-CR-344
Criminal. Affirms conviction of Class A felony dealing in cocaine.
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
B.R., a Minor, by his Guardian, Teresa Todd v. State of Indiana, Indiana Department of Child Services, Morgan County Office of Department of Child Services, and Adult and Child Mental Health Center
55A05-1212-CT-639
Civil tort. Reverses grant of Adult and Child Mental Health Center’s Trial Rule 12(B)(1) motion to dismiss for lack of subject matter jurisdiction. The allegations in B.R.’s complaint, i.e. that his case manager negligently placed him with the respite therapeutic foster parents and negligently failed to inform the foster parents that B.R. was an overly active child known to run from adults and escape his home, are not directly related to any medical care B.R. received from the Health Center. Furthermore, the foster care placement was not made by a health care professional. Because B.R.’s claims sound in general negligence, his claims fall outside the Medical Malpractice Act.
The National Collegiate Athletic Association has filed suit against Electronic Arts Inc., saying the video-game maker hasn't agreed to indemnify the Indianapolis-based NCAA for legal claims by college athletes and hasn't maintained insurance to do so. IBJ.com has more on the lawsuit.
A Morgan County court erred when it granted Adult and Child Mental Health Center Inc.’s motion to dismiss a lawsuit filed on behalf of a child in foster care who suffered severe brain damage from a near-drowning. The center argued the complaint was subject to the Indiana Medical Malpractice Act.
A survey of law firm employees at the largest law firms in the U.S. reveals that staff aren’t as worried about layoffs as they are about pay and heavy workloads.
The state’s Juvenile Detention Alternatives Initiative is expanding into more counties, the Indiana Supreme Court announced Thursday, thanks to more than $5 million in funding appropriated by the Legislature.
A local law firm will receive $6.3 million as part of a class-action lawsuit that accused the Indiana Bureau of Motor Vehicles of overcharging for driver’s licenses.