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A mother of four children with special needs who also has a cognitive disability, was unable to convince the Indiana Court of Appeals she should be allowed to keep custody of her children.
After acknowledging that a father did file a reply brief arguing the issue of supervised parenting time was not moot, the Indiana Court of Appeals on rehearing still found his argument to be moot.
A mother’s inability to adequately care for her child, leading to the girl’s failure to thrive, supports the termination of mother’s parental rights, the Indiana Court of Appeals held Thursday.
Summary judgment for a contractor on the Carmel Regional Performing Arts Center construction was appropriate, the Indiana Court of Appeals ruled, rejecting an injured worker’s argument that a duty was owed to him based on federal workplace safety regulations.
Speaking to members of the legal community, Indianapolis Archbishop William Tobin pointed to the growing polarization among people, and he called for everyone to take a more gentle tone, respect the beliefs of others and work to build a “culture of encounter.”
The Indiana Court of Appeals ruled Thursday that the owners of a horse that trampled a man after getting loose at the Marshall County 4-H Fairgrounds didn’t have reason to know the horse had any dangerous propensities prior to the accident. The court affirmed summary judgment in a negligence lawsuit on the issue.
Despite the state’s attempt to convince the Indiana Court of Appeals that its decision in a similar case was erroneous, the panel upheld precedent and found that a man’s possession of cold tablets and batteries is not proof he intended to manufacture methamphetamine.
The Indiana Lawyer will publish its annual Corporate Counsel Guide in December. There is still time to submit biographical information for inclusion in the guide.
The Corporate Counsel Guide, which includes professional profiles on in-house attorneys along with information on the nature and scope of business of their employers, is a valuable resource for lawyers in many practice areas. Attorneys keep the guide on their desks and often reference it throughout the year.
In-house attorneys working in business, non-profit and government agencies, and associations are encouraged to submit their information for inclusion in the 2014 guide. Click here to learn more or to submit information for the 2014 Corporate Counsel Guide.
Indiana Court of Appeals
Jesse Doyle, Jr. v. State of Indiana (NFP)
15A01-1303-CR-132
Criminal. Affirms denial of request to withdraw guilty plea and eight-year sentence for Class C felony incest.
Derek Dewitt v. State of Indiana (NFP)
49A02-1301-CR-33
Criminal. Affirms imposition of consecutive sentences for Class A felony attempted murder and murder convictions.
Darrell Hix v. State of Indiana (NFP)
49A02-1303-CR-331
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon.
Jeffrey Cook v. State of Indiana (FNP)
48A05-1211-CR-608
Criminal. Affirms refusal by trial court to give Cook’s proffered jury instruction on self-defense because the evidence didn’t support giving it, and affirms convictions of murder, Class B felony prisoner in possession of a dangerous device or material and class D felony criminal gang activity.
The Indiana Supreme Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Indiana Court of Appeals
Specialty Foods of Indiana, Inc., d/b/a Jersey Mike's Subs v. City of South Bend and Century Center Board of Managers
71A05-1302-MI-95
Miscellaneous. Affirms order denying Specialty Foods of Indiana’s complaint for declaratory judgment as to its right to continue operating its business in the college Football Hall of Fame in South Bend under a use management and operations agreement. The force majeure provision of the agreement to be exclusive provider of food and beverages for the College Football Hall of Fame in South Bend is applicable to excuse the Century Center Board of Manager’s nonperformance of its obligations under the agreement because the closure of the Hall of Fame constitutes a “reason not within the reasonable control of Century Center.”
Some lawyers received two email notices involving Interest on Lawyer Trust Accounts this week. But, only the one sent from the state courts is legitimate. The other may be a phishing scheme.
A Warrick County man fighting the 2009 tax year assessment of his land received only a partial victory in the Indiana Tax Court Tuesday. The validity of his 2009 assessment will stand.
Finding a genuine issue of material fact as to when a company’s owners could have discovered that their plans investing in cash value life insurance were actually taxable, the Indiana Court of Appeals reversed summary judgment in favor of the consultant who advised the company’s owners to invest in those plans.
The Indiana Court of Appeals reversed the denial of a mother’s request to modify a custody order entered in 2007 when her children were in grade school, finding their participation in travel soccer leagues and the distance between the parents’ homes warrants a change.
The federal government shutdown has led to a stay of nearly all civil actions in the U.S. courts in Evansville, Indianapolis, New Albany and Terre Haute in which the federal government has an interest.
Interested parties across Indiana will be able to attend the upcoming meetings of the state’s new child commission via the Internet.
Democratic State Rep. Ed DeLaney has called for the state’s lawsuit against the Affordable Care Act to be thrown out of court “as quickly as humanly possible.”
A Jersey Mike’s Subs located in the now-closed College Football Hall of Fame in South Bend didn’t have the right to continue operating in the Hall of Fame building, according to the Indiana Court of Appeals’ interpretation of the operating agreement.
Three former employees of Eli Lilly and Co. allegedly transferred trade secrets that Lilly values at more than $55 million to a competing Chinese drug company, according to an indictment unsealed Tuesday in federal court.
Indiana Court of Appeals
Bradley R. Benard v. Review Board of the Indiana Department of Workforce Development and Rolls-Royce Corporation (NFP)
93A02-1303-EX-237
Agency action. Affirms the Unemployment Insurance Review Board’s finding that Benard was ineligible for unemployment benefits because he had been discharged for just cause.
Stephen G. Bentle v. State of Indiana (NFP)
15A05-1303-CR-131
Criminal. Affirms trial court’s imposition of Bentle’s previously suspended seven-and-a-half year sentence.
David Lee O'Banion v. State of Indiana (NFP)
71A04-1303-CR-124
Criminal. Affirms sentence of 45 years with 10 years suspended after O’Banion pleaded guilty but mentally ill to burglary as a Class A felony.
Jason Frye v. State of Indiana (NFP)
12A04-1301-CR-16
Criminal. Affirms conviction of six counts of Class D felony possession of child pornography.
D.H. v. State of Indiana (NFP)
71A03-1304-JV-137
Juvenile. Affirms juvenile court’s dispositional order that D.H. serve a two-year determinate term with credit for the seven months he spent at the Indiana Department of Correction between his first and second dispositional hearings. Rules the dispositional order did not violate Article I, Section 23 of the Indiana Constitution.
Phillip A. Evans v. State of Indiana (NFP)
84A01-1303-CR-105
Criminal. Affirms conviction and two-year sentence for intimidation, as a Class D felony, pursuant to a guilty plea.
Larry Warren v. State of Indiana (NFP)
49A04-1301-CR-25
Criminal. Remands for resentencing Warren’s appeal of an aggregate 80-sentence following his convictions for three counts of child molesting as Class A felonies and two counts of child solicitation as Class D felonies. Finds there is insufficient evidence to support two of the three aggravators the trial court used as the basis to enhance the sentence.
Andrew Bridgford v. Julie K. Bridgford (NFP)
73A01-1303-DR-111
Domestic relation. Dismisses Andrew Bridgford’s appeal of the trial court’s “Entry on Pending Motions” because he failed to substantially comply with the Indiana Rules of Appellate Procedure.
The Indiana Tax Court did not submit any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.