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The motion for discharge under Indiana Criminal Rule 4(C) by a man charged in connection with a gun shop burglary in Morgan County was properly denied by the trial court, the Indiana Court of Appeals held Thursday. Much of the delay in bringing him to trial within a year was attributable to the appellant, including his decision to flee after a hearing.
Retired Judge Alfred W. Moellering of Fort Wayne died Sunday at the age of 86. He was a longtime Superior Court judge in Allen County.
Faegre Baker Daniels LLP is heading to California to open an office in Silicon Valley.
The employment of an unnamed St. Joseph County deputy prosecutor has been terminated after deciding not to prosecute a man following his May arrest for violating a protective order. Several days later, that man allegedly stabbed and killed his young daughter.
Indiana Court of Appeals
Bennie Gavin v. State of Indiana (NFP)
49A05-1211-CR-565
Criminal. Reverses and remands with instructions to vacate Gavin’s conviction of operating a vehicle with an alcohol concentration equivalent of 0.15 or more. Affirms operating while intoxicated conviction and habitual substance offender enhancement.
Richard Brock and Gail Brock v. Pamela Gilbert (NFP)
15A05-1208-PL-401
Civil plenary. Affirms ruling in favor of Gilbert that the Brocks had gifted their dog to her.
Joshua Schulkers v. State of Indiana (NFP)
15A05-1210-CR-497
Criminal. Reverses and remands with instructions to vacate Schulkers’ conviction and sentence for Class D felony battery resulting in bodily injury on a child less than 14 and affirms other battery and neglect convictions.
The Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Supreme Court
Term. of the Parent-Child Rel. of: K.T.K., K.C., and K.R.K. (Minor Children), and R.C. (Mother) v. Indiana Dept. of Child Services, Dearborn County Office
15S01-1306-JT-402
Juvenile. Sets aside the Court of Appeals order dismissing the mother’s appeal and affirms termination of parental rights. The record supports the trial court’s findings that the conditions resulting in the children’s continued placement outside of the home would not be remedied and termination of parental rights was in the best interest of the children. Denies father’s petition to transfer in separate order.
The Indiana Supreme Court Wednesday set aside the Court of Appeals order dismissing a Dearborn County mother’s appeal of the termination of her parental rights and took the case. The justices affirmed the decision to end her parental rights to her three children.
The Indiana Court of Appeals upheld a Franklin Circuit judge’s decision to require a defendant to pay restitution and a fine after he entered into an open plea agreement on a burglary charge. But the judges instructed trial courts to consider apportioning the amount of restitution among co-perpetrators in relation to each person’s contribution to the victim’s loss.
Judge Thomas Stefaniak will take over the juvenile court in Lake County, ending a months-long dispute over the judgeship that involved the intervention of the Indiana Supreme Court.
Even though a woman originally stated she did not suffer any injuries after her vehicle was rear ended by a police car, the Indiana Supreme Court has ruled she can file a subsequent complaint against the municipality and the police department for personal injuries.
Indiana Court of Appeals
Matthew J. Bulliner v. State of Indiana (NFP)
02A03-1211-CR-472
Criminal. Affirms Class D felony and Class A misdemeanor convictions of resisting law enforcement.
Stephen R. Hollingsworth v. State of Indiana (NFP)
26A04-1210-CR-498
Criminal. Affirms in interlocutory appeal denial of motion for discharge for violation of the speedy trial provision under Indiana Criminal Rule 4(C).
Mark Bonds v. State of Indiana (NFP)
49A02-1212-CR-974
Criminal. Affirms convictions of two counts of Class A felony child molesting.
Charles D. Gilliam v. State of Indiana (NFP)
71A03-1210-CR-432
Criminal. Affirms Class D felony conviction of receiving stolen property.
Jason Ulysses Harmon v. United States Steel Corporation f/k/a USX Corporation (NFP)
93A02-1212-EX-1030
Executive administrative/worker’s compensation. Affirms Worker’s Compensation Board’s denial of benefits.
Indiana Tax Court issued no opinions before IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions before IL deadline.
Indiana Supreme Court
City of Indianapolis v. Rachael Buschman
49S02-1210-CT-598
Civil tort. Affirmed trial court’s grant of summary judgment in Buschman’s favor and remanded the case for further proceedings. Ruled that Buschman’s inclusion of information about her injuries does not restrict the scope of her claim. Although she stated in her claim she did not suffer any injuries from an auto accident involving an Indianapolis police officer, the amended statute governing the Indiana Tort Claims Act does not require a description of injuries. The court concluded when the Legislature amended the statute, it intended to remove any pre-existing requirement of specificity in regards to personal injuries.
A man convicted of five counts of molesting an 8-year-old girl on repeated occasions should only have been convicted of two counts, the Indiana Court of Appeals ruled Tuesday.
Declaring “It’s time to end the war on marijuana,” the American Civil Liberties Union reported Tuesday that black Americans were 3.7 times likelier than white Americans to be arrested for pot possession in 2010 despite similar rates of use.
The search for a new dean of the Indiana University Maurer School of Law is being extended, according to a statement released from the Indiana University Office of the Provost.
More than 300 attorneys have been suspended from the practice of law for failing to comply with continuing legal education requirements, failing to pay registration fees or failing to submit interest on lawyer trust account certifications.
Did you know that Indiana law provides an easier way to pursue non-party discovery for use in out-of-state litigation?
Me again. In the interest of full disclosure, I have to tell you that I once dreaded the idea of writing these columns. I really did.