Opinions March 17, 2014
Indiana Court of Appeals
Eddie Horton v. State of Indiana (NFP)
49A05-1307-CR-323
Criminal. Affirms conviction of Class C felony child molesting.
Home » Search
Search Results
7354 results for 'articles'
To refine your search through our archives use our Advanced Search
Robb honored by Indiana Commission for Women
Indiana Court of Appeals Judge Margret Robb was among those honored recently with a Torchbearer Award from the Indiana Commission for Women.
Opinions March 14, 2014 ILD
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: K.D., S.D., and I.D., Minor Children, and D.D., Father v. The Indiana Department of Child Services (NFP)
53A01-1307-JT-315
Juvenile. Affirms termination of parental rights.
Cleveland Munoz v. State of Indiana (NFP)
49A02-1307-CR-567
Criminal. Affirms convictions of two counts of Class C felony child molesting.
Jason Roudebush v. State of Indiana (NFP)
80A04-1301-PC-46
Post conviction. Affirms denial of petition for post-conviction relief.
Beverly K. Oswald v. CNB National Lending, LLC, Bryce A. Bly, Eric Swedenburg and Andrea Swedenburg (NFP)
82A01-1305-CC-223
Civil collection. Affirms order in favor of CNB, Bly and the Swedenburgs that concluded they did not breach the settlement and release agreement. Affirms separate award of attorney fees.
David Lee Robinson v. State of Indiana (NFP)
45A05-1308-CR-401
Criminal. Affirms sentence following guilty plea to Class C felony failure to register as a sex offender.
C.B. v. G.N. (NFP)
18A02-1308-JP-677
Juvenile. Affirms order requiring M.D.B. to assume the surname of his father G.N.
Mary Sparks v. Harborside Nursing Home (NFP)
93A02-1307-EX-616
Agency action. Affirms denial of claim for workers’ compensation benefits.
The Indiana Supreme Court and Tax Court posted no opinions Friday by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions March 14, 2014
7th Circuit Court of Appeals
Leonard Thomas v. Keith Butts, et al.
12-2902
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Civil. Vacates dismissal of Thomas’ lawsuit against prison officials alleging deliberate indifference to his epilepsy in violation of the Eighth Amendment. The judge dismissed the suit without determining if Thomas was at fault for not paying the initial filing fee.
Insurance policy does not fall under Pre-Need Act
A Marion Superior Court correctly ruled that a company that sells an insurance policy with the option to assign it to a trust to use the funds for funeral services is not subject to the Pre-Need Act, the Indiana Court of Appeals ruled.
Challenges to Indiana’s same-sex marriage ban piling up in federal court
The American Civil Liberties Union of Indiana Friday filed a lawsuit in federal court challenging the state’s ban on same-sex marriage, becoming the third such complaint lodged against Indiana in a week.
Committee seeks comment on potential court rule changes
The Indiana Supreme Court Committee on Rules of Practice and Procedure would like to hear from judges, attorneys and the general public on proposed changes to the Indiana Rules of Court.
7th Circuit orders judge to reconsider dismissal of prisoner’s suit
Finding that a District Court judge should have tried to learn why an inmate had not paid his initial filing fee on a lawsuit before the judge dismissed it for nonpayment, the 7th Circuit Court of Appeals ordered the lower court to take another look at the case.
Justices: Mother entitled to attorney during CHINS proceedings
Because a mother was denied her statutory right to counsel during the course of child in need of services proceedings, and those proceedings directly flowed into the action to terminate her parental rights and adopt out her child, the Indiana Supreme Court vacated the judgment terminating her parental rights.
Injured bus driver entitled to $25,000 under his insurance policy
The Indiana Supreme Court Thursday held that a man can recover the remaining $25,000 available to him under his underinsured motorist policy because he did not receive the full statutory minimum of $50,000 from the tortfeasor’s insurer.
Opinions March 13, 2014 ILD
Indiana Court of Appeals
Caylin P. Black v. State of Indiana (NFP)
27A02-1212-PC-981
Post conviction. Affirms denial of petition for post-conviction relief.
George T. Bonin v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1304-EX-376
Agency action. Affirms determination that Bonin was ineligible for unemployment benefits.
City of Valparaiso, Indiana v. Richard and Janet Brown (NFP)
64A03-1307-PL-239
Civil plenary. Affirms order denying the city’s motion for summary judgment as to the Browns’ negligence claim and denying its motion to strike certain exhibits designated and relied upon by the Browns to defend against the city’s motion for summary judgment.
Vincent J. Castaneda v. State of Indiana (NFP)
02A03-1310-CR-416
Criminal. Affirms convictions of Class C felony disarming a law enforcement officer and two counts of Class D felony resisting law enforcement.
Jennifer Fleming v. State of Indiana (NFP)
02A03-1307-CR-257
Criminal. Affirms convictions of Class A felony dealing in methamphetamine; Class D felony possession of more than 10 grams of a precursor; and Class A misdemeanor possession of marijuana, hash oil, hashish, salvia or a synthetic drug.
Joseph Mike Barnett v. JDH Contracting (NFP)
32A01-1307-CT-332
Civil tort. Reverses summary judgment in favor of JDH. As a matter of law, JDH did not owe Barnett a duty pursuant to contract, but a genuine issue of material fact remains as to whether JDH assumed a duty to Barnett through its affirmative conduct.
Shawn Anderson v. State of Indiana (NFP)
49A02-1307-CR-607
Criminal. Affirms convictions of Class D felony criminal recklessness and Class A misdemeanor battery.
Dean R. Pressler v. State of Indiana (NFP)
92A03-1309-CR-351
Criminal. Affirms sentence following guilty plea to Class A felony child molesting, Class B felony sexual misconduct with a minor and Class D felony child seduction.
The Indiana Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
<
Opinions March 13, 2014
Indiana Supreme Court
Joseph D. Hardiman and Jaketa L. Patterson, as Co-Administrators of the Estate of Britney R. Meux, Deceased v. Jason R. Cozmanoff
45S03-1309-CT-619
Civil tort. Affirms the trial court’s ordering the limited stay of discovery regarding only Cozmanoff in the estate’s wrongful death lawsuit against him and requiring him to answer the complaint. The civil suit was brought while criminal charges for Meux’s death were still pending. Notes the ruling does not mean the trial court was constitutionally required to impose the stay but that it did not abuse its discretion by so doing. Remands for further proceedings.
Mayor recommends GM stamping plant site for justice complex
Indianapolis Mayor Greg Ballard's office said early Thursday afternoon that the former General Motors stamping plant site just west of downtown will be the location named in a request for proposals to develop the criminal justice complex. The project is meant to bring together and consolidate Marion County criminal courts, jails and related offices and agencies.
Criminal code update heads to governor’s desk
House Bill 1006, legislation updating a sweeping criminal code reform law enacted in 2013, passed the House of Representatives Wednesday and the Senate Thursday, and is now headed to Gov. Mike Pence to be signed into law. IBJ.com has the story.
Criminal code bill goes to governor
The Indiana Senate Thursday unanimously passed an update to last year's criminal code reform, sending House Enrolled Act 1006 to Gov. Mike Pence for his signature. The House of Representatives approved the measure Wednesday. The IBJ.com has reaction on the bill's passage.
Court properly denied dentist’s petition for judicial review
The Indiana Court of Appeals has affirmed the denial of a dentist’s petition for judicial review of a decision by the State Board of Dentistry which found he violated Indiana Code after a patient’s wisdom teeth surgery.
Judges reverse summary judgment in collision case
It should be up to a judge or jury to determine whether a driver’s distance in relation to the vehicle in front of him had any impact on a collision between the driver and another vehicle on Interstate 65.
COA: Admittance of juvenile’s statement harmless error
The Indiana Court of Appeals was divided Thursday over whether a 12-year-old boy accused of child molesting and his mother were afforded the opportunity to have a meaningful consultation before speaking to police. The judges did agree that the boy’s adjudication should be affirmed.
Justices uphold order criminal defendant answer civil complaint
The Indiana Supreme Court Wednesday found a Lake Superior judge did not abuse her discretion in ordering a man criminally charged for the hit-and-run death of a woman to respond to her estate’s wrongful death complaint filed against him.
Justices order COA to consider man’s appeal
A man’s appeal of his aggravated battery convictions should proceed to the Indiana Court of Appeals even though the issue of restitution remains unresolved, the Indiana Supreme Court ruled Thursday.