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The Supreme Court of the United States on Monday denied certiorari to two cases stemming from an Indiana law disqualifying a health care provider in participating in a government program because it provides abortion care.
Judges on a panel of the Indiana Court of Appeals were stumped at times Friday in a case regarding legal fees due from the Indiana Patient’s Compensation Fund to the estate of a woman who won a wrongful death judgment after she died from burns at a care facility.
The Indiana Lawyer daily will not be published May 27 in observance of Memorial Day.
Indiana Court of Appeals
Leo Dent, Jr. v. State of Indiana (NFP)
45A03-1208-CR-362
Criminal. Affirms denial of motion for relief from judgment.
Dennis Meyer v. State of Indiana (NFP)
49A02-1206-PC-547
Post conviction. Affirms denial of amended petition for post-conviction relief.
K.L.W. v. State of Indiana (NFP)
71A05-1211-JV-609
Juvenile. Affirms placement in a youth facility for committing what would be Class D felony theft if committed by an adult.
Brant Construction, LLC; and Dune Harbor, LLC v. Circle Electric, Inc.; DeBoer Egolf Corp.; Auditor, Porter County, Indiana; First National Bank of Illinois; and Wachovia Financial Srvcs., Inc. (NFP)
64A03-1204-CC-159
Civil collection. Reverses summary judgment in favor of Circle R as against Brant, but affirms in favor of Circle R as against Dune Harbor. Remands for calculation of attorney fees.
Leona Peavler v. State of Indiana (NFP)
48A02-1209-CR-775
Criminal. Affirms order Peavler be incarcerated for violating the terms of her home detention by using methamphetamine.
Henry (Hank) Eilts, Hank's Construction, and The G. Jackie Eilts Credit Shelter Trust v. Jeremy Wayman (NFP)
85A02-1208-PL-627
Civil plenary. Affirms trial court ruling that found Eilts agreed to grant Wayman an easement on a farm as part of a project to fix a drainage issue.
Jeremy Roberts v. State of Indiana (NFP)
49A05-1211-CR-563
Criminal. Affirms revocation of community corrections placement.
In Re: The Petition for the Adoption of: R.J. and S.J. (Minor Children), R.J. and L.L. v. A.G. and B.G. (NFP)
02A03-1209-AD-403
Adoption. Affirms order denying mother’s motion to withdraw her consent to the adoption and declaring father’s motion to contest the adoption as untimely and his consent irrevocably implied.
Randall Dorsett v. State of Indiana (NFP)
49A02-1208-CR-623
Criminal. Affirms convictions of Class B felony arson, murder and Class B felony robbery.
Term. of the Parent-Child Rel. of: J.N. (Minor Child), and JE.N. (Father) v. The Indiana Dept. of Child Services (NFP)
08A02-1212-JT-1010
Juvenile. Affirms termination of father’s parental rights.
James M. Durkin, Sr. v. State of Indiana (NFP)
45A03-1207-CR-314
Criminal. Affirms conviction and sentence for Class A felony robbery.
Tony Monks v. State of Indiana (NFP)
87A01-1209-CR-405
Criminal. Affirms denial of motion to suppress.
A.R. v. State of Indiana (NFP)
49A02-1210-JV-810
Juvenile. Affirms adjudication as a delinquent for committing two acts that would be Class A misdemeanor battery if committed by an adult.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Indiana Court of Appeals
Rebirth Christian Academy Daycare, Inc. v. Indiana Family & Social Services Administration
49A04-1209-MI-467
Miscellaneous. Affirms denial of the daycare’s motion to dissolve and/or modify the order in the First Amended Agreement Judgment between the daycare and FSSA. The trial court properly determined that Rebirth cannot employ LaSonda Carter pursuant to I.C. 12-17.2-6-14 despite an earlier trial court order restricting access to her criminal record.
The Indiana Court of Appeals Friday concluded that a woman employed by a license-exempt child care ministry in Indianapolis can’t circumvent a prohibition from being employed at any child care ministry by relying on the Indiana Restricted Access Act.
A mother who was close to reunification with her three children, deemed children in need of services, until she battered her fiancé in front of them had the termination of her parental rights affirmed by the Indiana Court of Appeals.
The Indiana Court of Appeals affirmed the denial of a man’s petition for judicial review involving his refusal to take a chemical test for intoxication. The judges found the evidence supported that the officer had probable cause that Paul Hassfurther drove his truck while intoxicated and that he knowingly refused to take the chemical test.
A mother who claimed that the record doesn’t support her actual or current income after her ex-husband was granted sole custody of her children should have brought up her concerns at trial, not on appeal, the Indiana Court of Appeals ruled Friday.
A LaPorte County mother’s decision to cut off parenting time of her three children with their father supports the trial court’s order that the father have sole legal and physical custody of the children, the Indiana Court of Appeals ruled.
Principals of a politically connected East Chicago group that received $16 million in casino revenue intended to benefit the city should be held in contempt if they continue to fail to disclose what happened to the money, the state argued in court Thursday.
While Indiana’s Legislative Council passed by consent Thursday the resolution creating 18 commissions and interim study committees, leaders in the Indiana House of Representatives voiced concerns over the growing number of summer study committees and unwieldy list of topics to review.
Indiana Court of Appeals
C.N. v. State of Indiana (NFP)
49A05-1210-JV-521
Juvenile. Affirms finding that C.N. committed what would be Class D felony auto theft if committed by an adult.
Roy Austin Smith v. State of Indiana (NFP)
49A02-1209-PC-783
Post conviction. Affirms denial of petition for post-conviction relief.
Ernest P. Glass v. State of Indiana (NFP)
54A04-1210-CR-552
Criminal. Affirms conviction and sentence for Class A misdemeanor battery and the revocation of Glass’ probation.
Kristol Toms v. State of Indiana (NFP)
49A05-1211-CR-585
Criminal. Affirms revocation of placement in community corrections for committing a new offense and violating terms of placement.
George A. Reese, Jr. v. State of Indiana (NFP)
31A05-1206-CR-309
Criminal. Affirms conviction of Class A felony child molesting.
Samuel Fancher v. State of Indiana (NFP)
49A02-1210-PC-790
Post conviction. Affirms denial of petition for post-conviction relief.
Joseph D. Hardiman and Jaketa L. Patterson, as Co-Administrators of the Estate of Britney R. Meux, Deceased v. Jason R. Cozmanoff (NFP)
45A03-1210-CT-437
Civil tort. Reverses order staying discovery but affirms order that Cozmanoff file an answer to the estate’s complaint. Remands for further proceedings.
Norman A. Ellis, Sr. v. Sikanyiso Ellis (NFP)
49A02-1201-DR-62
Domestic relation. Affirms order dissolving the parties’ marriage.
Charles Kootz v. State of Indiana (NFP)
49A02-1209-PC-721
Post conviction. Affirms denial of petition for post-conviction relief.
Jose Perez v. State of Indiana (NFP)
49A05-1208-CR-418
Criminal. Affirms conviction of Class B felony robbery.
In the Matter of the Involuntary Term. of the Parent-Child Rel. of P.M., A.T. & A.P., Minor Children, and their Mother, S.T,; S.T. v. Indiana Dept. of Child Services (NFP)
82A01-1212-JT-548
Juvenile. Reverses order terminating parental rights.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
7th Circuit Court of Appeals
Tommy L. Morris, personal representative of the estate of Thomas Lynn Morris v. Salvatore Nuzzo
12-3220
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Vacates the dismissal of the claims of Tommy Morris against Nuzzo. The District Court erred in its determination that Nuzzo was fraudulently joined. Remands with instructions the case be further remanded to the Trumbull County Common Pleas Court of Ohio.
Former Hancock County coroner Tamara Vangundy paid for negligent legal advice on her plea deal in a drunken-driving and official-misconduct case that ended her career as an elected official, she alleges in a legal malpractice claim filed against former Marion County Prosecutor Carl Brizzi.
A federal judge in the Southern District of Indiana erred when she determined that a claims adjuster from Ohio was fraudulently joined to a case that was transferred out of federal court in Ohio to Indiana, the 7th Circuit Court of Appeals ruled. The case also presented two issues of first impression for the Circuit.
The Indiana Court of Appeals Thursday reversed the denial by an Allen Circuit judge to remove a lawsuit brought in that county to Hamilton County, where two parties to the lawsuit had agreed in a contract any legal claims would be handled.
A release executed between a chemical manufacturing business and its insurer that relieved the insurer from claims or demands related to remediation was unambiguous and covered all policies held by the company, not just the primary liability ones, the Indiana Court of Appeals ruled.
The process of finding a new dean for the Valparaiso Law School has begun. Law professor Rosalie Levinson is chairing the search committee, and the national executive search firm Witt/Kieffer has been retained to assist.
A LaPorte County man with a lengthy criminal history couldn’t convince the Indiana Court of Appeals that he is entitled to post-conviction relief due to ineffective assistance from his trial and appellate attorneys.