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A naturally occurring DNA segment is not eligible for a patent simply because it has been isolated, the Supreme Court of the United States ruled Thursday. DNA that is not a product of nature may be patent eligible, however.
The Indiana Court of Appeals ordered that tax deeds be reinstated and reversed summary judgment and a decree of foreclosure in favor of a bank in a combined appeal over foreclosed property in Elkhart County.
The Indiana Court of Appeals upheld the denial of a mother’s request to sidestep the notice requirements in her quest to change her name and the names of her two children anonymously because she wanted to avoid detection from her abusive partner. The appeals court noted that Administrative Rule 9 would have given her the opportunity to proceed anonymously.
Indiana legislators gathered Wednesday on the first regular technical session of the 118th General Assembly to vote on whether to override Gov. Mike Pence’s veto of House Enrolled Act 1546, a bill concerning tax administration matters. Pence vetoed the bill over concerns about retroactive approval of taxes collected in Jackson and Pulaski counties.
Indiana Court of Appeals
Mark Kevin Liston v. State of Indiana (NFP)
45A05-1207-CR-385
Criminal. Grants rehearing and reverses the trial judge’s rescission of the referee’s order granting Liston post-conviction relief. Remands for proceedings.
Shaun Wilkinson v. State of Indiana (NFP)
33A04-1209-CR-478
Criminal. Affirms convictions of Class A felonies dealing in a schedule III controlled substance within 1,000 feet of a family housing unit.
Allen Stewart v. Jennifer Miller (NFP)
53A01-1212-PO-541
Protective order. Affirms order of protection issued at the request of Miller.
Robert O. Morris v. State of Indiana (NFP)
49A04-1211-CR-571
Criminal. Affirms conviction of Class C felony battery.
Stanley B. Crumble a/k/a Melvin Coleman v. State of Indiana (NFP)
32A01-1211-PC-487
Post conviction. Affirms denial of petition for post-conviction relief.
Tarrence Lee v. State of Indiana (NFP)
71A03-1301-CR-5
Criminal. Affirms murder conviction.
E.W. v. State of Indiana (NFP)
49A02-1211-JV-918
Juvenile. Affirms adjudication for committing what would be Class A misdemeanor criminal trespass if committed by an adult.
City of Jeffersonville, Indiana and City of Jeffersonville Sanitary Sewer Board v. Environmental Management Corporation (NFP)
10A01-1210-PL-485
Civil plenary. Reverses the trial court’s award of attorney fees in favor of Environmental Management Corporation and remands with instructions.
Tyrone Walker v. State of Indiana (NFP)
49A02-1211-CR-933
Criminal. Reverses conviction of Class A misdemeanor possession of marijuana.
Term. of Parent-Child Rel. of Q.R., J.B., and J.R. v. Indiana Department of Child Services (NFP)
80A02-1211-JT-909
Juvenile. Affirms termination of parental rights.
Jawyan James Townes v. State of Indiana (NFP)
02A03-1210-CR-441
Criminal. Affirms conviction of Class D felony possession of marijuana.
Sherard Taylor v. State of Indiana (NFP)
49A02-1210-CR-794
Criminal. Affirms conviction of Class C felony fraud on a financial institution.
Edward T. Bronaugh v. State of Indiana (NFP)
49A02-1210-CR-832
Criminal. Affirms convictions of Class D felonies battery and residential entry, Class A misdemeanor resisting law enforcement, Class B misdemeanors disorderly conduct and public intoxication and Class C misdemeanor public nudity.
Tracey B. Young v. State of Indiana (NFP)
45A05-1210-CR-525
Criminal. Affirms convictions of Class C felony and Class D felony criminal confinement, Class D felony strangulation and Class D felony domestic battery.
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
John H. Mooney, as Special Administrator of the Estate of Joseph S. Mooney, Deceased v. Anonymous M.D. 4, Anonymous M.D. 5, and Anonymous Hospital
32A04-1208-CT-414
Civil tort. Reverses order dismissing with prejudice Mooney’s proposed complaint for damages in a medical malpractice action. The trial court did not have jurisdiction to dismiss under Trial Rule 41(E), and it abused its discretion when it dismissed the proposed complaint under I.C. 34-18-10-14.
Finding that a Hendricks County court didn’t have jurisdiction to dismiss a man’s proposed complaint for damages under Trial Rule 41(E) or based on noncompliance under the Medical Malpractice Act, the Indiana Court of Appeals Wednesday reinstated the proposed complaint.
Several bar associations around the state are accepting nominations for awards to present to members at upcoming annual meetings.
Indiana Court of Appeals
Deshaun Richards v. State of Indiana (NFP)
02A03-1211-CR-467
Criminal. Affirms conviction and sentence for Class B felony robbery.
In Re The Paternity of R.M., a minor; B.M. v. A.T. (NFP)
39A01-1209-JP-441
Juvenile. Reverses denial of father’s petition to modify custody and remands with instructions to hold a hearing in regard to the supplemental GAL report and to reconsider his petition to modify custody in light of that hearing and all other evidence introduced concerning the petition.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
7th Circuit Court of Appeals
Judson Atkinson Candies, Incorporated v. Kenray Associates, Incorporated, Charles A. McGee and Kenneth J. McGee
12-1035, 12-1036
U.S. District Court, Southern District of Indiana, New Albany Division, Magistrate Judge William G. Hussmann Jr.
Civil. Reverses District Court ruling that Judson Atkinson must demonstrate that it had been induced by fraud to enter into the integration clause in a settlement agreement between it and Kenray Associates, as opposed to the agreement as a whole, in order to circumvent the parol evidence rule. Indiana law does not impose such a bright-line rule.
The 7th Circuit Court of Appeals sent a man’s claim contesting forfeiture of nearly $200,000 found in his home during a police search back to the District Court for reconsideration. The judges ruled that the ground for dismissal given by the judge, as well as the alternative ground argued by the government, were “unsound.”
The 7th Circuit Court of Appeals reversed summary judgment in favor of a company on a fired employee’s claim that her employment was terminated because she was pregnant, finding the company’s explanations for her firing were shifting, inconsistent, and/or facially implausible.
The 7th Circuit Court of Appeals held Tuesday that in the absence of a factual inquiry, the mere presence of an integration clause doesn’t preclude a party from introducing parol evidence that it was fraudulently induced to enter into the agreement as a whole. The decision came in a dispute involving a settlement agreement that one party sought to invalidate based on claims of fraudulent inducement.
The Indiana Supreme Court may hold arguments in September on the case involving the controversial Rockport coal gasification plant as well as on the case of a Dearborn County man who was convicted of intimidation of a judge based on online rants.
Indiana Court of Appeals
Marrco Antonio Martinez v. State of Indiana (NFP)
29A02-1209-CR-699
Criminal. Affirms 35-year sentence for two counts of Class A felony dealing in cocaine.
Carol Miller v. State of Indiana (NFP)
49A05-1210-CR-523
Criminal. Affirms conviction of Class A misdemeanor pointing a firearm.
In Re The Paternity of: H.N.L.; C.L. v. B.A. (NFP)
29A05-1209-JP-483
Juvenile. Affirms order in paternity action adjudicating issues regarding custody, parenting time, child support and attorney fees.
Clifton T. Massey v. Reana Beard (NFP)
02A05-1208-SC-399
Small claim. Affirms order awarding $4,240 to Beard in a landlord/tenant dispute.
In the Matter of the Invol. Term. of the Parent-Child Relationship of A.M.K. and A.O.K., minor children, and T.D., biological father, T.D. v. Indiana Department of Child Services (NFP)
02A03-1210-JT-452
Juvenile. Affirms order denying father’s motion to withdraw his voluntary consent to the termination of his parental rights.
James Brock Rodgers v. State of Indiana (NFP)
71A05-1302-CR-73
Criminal. Affirms conviction of Class D felony theft.
Vassil Marinov v. Bergen Car Company Inc. (NFP)
79A02-1210-SC-897
Small claim. Dismisses appeal of judgment in favor of Bergen Car Company on Marinov’s claim for damages.
The Indiana Supreme Court and Tax Court posted no decisions at IL deadline.
7th Circuit Court of Appeals
United States of America v. Javier Munoz
12-3351
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Criminal. Affirms 181-month sentence following a guilty plea in 2007 to distributing and possessing cocaine with intent to distribute. Munoz materially breached the conditions of his release and an implied term of the plea agreement by fleeing the country rather than showing up for sentencing.
Because there are genuine issues of material fact regarding claims made against apartment management company Flaherty & Collins in a complaint alleging fraud and other charges dealing with renting apartments to people who did not qualify based on income requirements, the Indiana Court of Appeals ordered more proceedings on the case.
A defendant was unable to convince the 7th Circuit Court of Appeals that despite his decision to flee the country for five years before he was sentenced in a drug case, the government should have to stick to the terms of his original plea agreement.
The Indiana Court of Appeals noted in a decision Monday that the state adoption statute is a bit of a “puzzle” before affirming the lower court’s decision to deny a woman’s attempt to adopt her fiancé’s child. But it found the fiancée may file another petition for adoption if she so chooses.
A former corrections officer at the Marion County Jail who tried to get a co-worker to fool around with him had three of his four convictions stemming from their interactions upheld Monday by the Indiana Court of Appeals. The judges reversed one sexual battery conviction because the proof didn’t support Maurice Frazier’s Class D felony conviction.