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Whether Indiana’s official misconduct statute is unconstitutionally vague was the question before an appeals court panel Monday that heard the state argue that criminal charges should be reinstated against the fired head of the Indiana Utility Regulatory Commission.
Federal Judge Robert L. Wilkins will receive an honorary doctorate of engineering degree during the 136th commencement ceremonies on May 31 at Rose-Hulman.
Indiana Court of Appeals
Joshua L. Wynn v. State of Indiana (NFP)
58A05-1303-CR-115
Criminal. Affirms denial of motion for modification of sentence or change of placement.
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.
Indiana Court of Appeals
In Re Paternity of D.T. (Minor Child) Diamond T. Parks (Mother) v. Deante Rashon Tate (Father)
48A05-1309-JP-486
Juvenile. Reverses award of custody to father, who resided in Indiana, from mother, who lived in Mississippi. The trial court lacked subject matter jurisdiction. The trial court adjudicated the custody request of father as part of the Uniform Interstate Family Support Act cause of action, even though the UIFSA specifies that the court lacks jurisdiction to make such a determination absent a stipulation between the parties.
The Indiana Court of Appeals addressed two new issues in a child solicitation and prostitution case regarding authenticating emails and text messages and whether the defendant’s actions actually constituted a crime.
A majority on the Indiana Court of Appeals Friday reversed summary judgment in favor of the facilitator of an adoption on a negligence claim brought by the adoptive parents after the baby’s biological father sought and was awarded custody.
The Indiana Court of Appeals has reversed the grant of custody in favor of an Indiana father because the trial court lacked subject matter jurisdiction under the Uniform Interstate Family Support Act to make a custody determination.
A panel of the Indiana Court of Appeals Monday will hear arguments on whether four misconduct charges should have been dismissed against former Indiana Utility Regulatory Commission chairman David Lott Hardy.
Indiana Court of Appeals
Bobby Wine v. State of Indiana (NFP)
85A05-1307-CR-382
Criminal. Affirms conviction of Class B felony dealing in a Schedule I, II or III controlled substance.
In the Matter of the Adoption of L.T.: J.M. and S.M. v. C.T. (NFP)
49A05-1310-AD-493
Adoption. Affirms order by Marion Superior Court, Probate Division, terminating the guardianship of L.T. by his maternal grandparents on grounds that Hamilton Superior Court 1 lacked subject-matter jurisdiction over L.T.’s guardianship. Remands for further proceedings, including that the parties immediately place L.T. in her father’s custody.
Ty C. Wilkerson v. State of Indiana (NFP)
79A02-1307-CR-609
Criminal. Affirms conviction and eight-year sentence for Class C felony battery resulting in serious bodily injury.
Mardel Hill v. State of Indiana (NFP)
02A03-1309-CR-377
Criminal. Affirms grant of state’s motion to join charges under two separate cause numbers for trial.
Austin M. Scholl v. State of Indiana (NFP)
29A02-1309-CR-801
Criminal. Affirms convictions of Class B felony criminal deviate conduct and Class D felony sexual battery.
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
Christopher Smith v. State of Indiana
18S02-1304-CR-297
Criminal. Affirms conviction and sentence for Class B misdemeanor failure to report a student’s rape allegation to DCS or local law enforcement based on the statute that requires a school to report instances of child abuse. The reporting requirement is not unconstitutionally vague and there is sufficient evidence to sustain Smith’s conviction. Justices Rucker and Chief Justice Dickson dissent in a separate opinion.
The Indiana Court of Appeals dismissed a Porter County man’s appeal of a judge’s decision to reset a hearing on a temporary protection order for six months after the victim had an anxiety attack while testifying. The judges held Douglas Allison had to seek a discretionary interlocutory appeal in the matter.
Because a car dealership and its registered agent did not receive notice of a hearing on default judgment, the judgment entered against it was void for want of jurisdiction, the Indiana Supreme Court ruled.
A split Indiana Supreme Court Thursday upheld a misdemeanor failure to report child abuse conviction against former Muncie Central High School principal Christopher Smith. The dissent believed the state failed to show he had reason to believe an alleged rape was child abuse.
Gov. Mike Pence this week has signed numerous bills into law, including the legislation that reconciles conflicts between HEA 1006-2013, which reformed the state’s criminal code, and other bills touching on criminal law.
The decision by the National Labor Relations Board in Chicago to allow Northwestern University football players to unionize could dramatically change college athletics and have substantial repercussions for the Indianapolis-based NCAA. IBJ.com has more on Wednesday’s ruling.
Indiana Court of Appeals
Donovan Ball v. State of Indiana (NFP)
48A02-1308-CR-714
Criminal. Affirms convictions of Class D felony criminal gang activity and Class A felony attempted murder.
Matthew Ramsey v. State of Indiana (NFP)
48A02-1308-CR-704
Criminal. Affirms revocation of work release placement and probation.
Jonah Long v. State of Indiana (NFP)
49A04-1308-CR-392
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class A misdemeanor resisting law enforcement.
Caleb J. Brubaker v. State of Indiana (NFP)
08A05-1310-CR-492
Criminal. Affirms conviction of resisting law enforcement as a Class A misdemeanor.
Robbie L. Hubbard v. State of Indiana (NFP)
03A05-1310-CR-512
Criminal. Affirms conviction of Class A misdemeanor conversion.
Bradley P. Burcham v. Nichole (Burcham) Fillmore (NFP)
49A04-1307-DR-347
Domestic relation. Affirms denial of Burcham’s appeal of the denial of his petition to increase visitation consistent with the Indiana Parenting Time Guidelines.
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 the Involuntary Termination of the Parent-Child Relationship of I.P., T.P. v. Indiana Department of Child Services, and Child Advocates, Inc.
49S02-1402-JT-81
Juvenile. Reverses termination of parental rights. Finds the procedure used violated the father T.P.’s due process rights. The magistrate who presided over the termination hearing resigned before reporting recommended findings and conclusions to the judge. Another magistrate, without holding a new evidentiary hearing, reviewed the record and reported recommended findings and conclusions to the judge, who ordered the mother’s parental rights terminated. Holds Trial Rule 63(A) is inapplicable.
In two short, per curiam decisions, the Indiana Supreme Court found the parental rights of two Marion County parents should not have been terminated because of due process violations after the magistrate who heard their cases resigned before reporting recommended findings and conclusions.
A driver pulled over in Clark County for speeding was able to convince the Indiana Court of Appeals Wednesday that the infraction should be reversed because the state couldn’t prove its case.
The Indiana Court of Appeals Wednesday pointed out that a defendant needs to assert the defense of abandonment in some manner at trial. The judges rejected a man’s claim that the defense does not require a formal pleading or notice of the defense.