Opinions Oct. 14, 2013 ILD
The Indiana Supreme Court, Court of Appeals, and Tax Court, and the 7th Circuit Court of Appeals are closed Monday in observance of Columbus Day.
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Opinions Oct. 14, 2013
7th Circuit Court of Appeals
United States of America v. Richard Brown
12-3313
U.S. District Court, Southern District of Indiana, Evansville Division. Chief Judge Richard L. Young.
Criminal. Affirms 60-month total sentence following guilty plea to one count each of wire fraud, mail fraud and tax fraud. The sentencing beyond the advisory guidelines sentencing range is reasonable when considered in light of the court’s oral pronouncement of the sentence.
IMPD officer Bisard trial begins in Fort Wayne
Jury selection began Monday in the trial of an Indianapolis Metropolitan Police Department officer accused of driving while intoxicated, leading to an accident that killed one motorcyclist and injured two others in 2010. David Bisard’s trial was moved to Allen County due to pre-trial publicity.
IU Maurer to participate in national family mediation study
The Indiana University Maurer School of Law and IU’s Department of Psychological and Brain Sciences have been awarded a four-year, $763,686 grant from the National Institute of Justice to study safety concerns in family mediation.
Legal aid agency now has room to grow
The Indianapolis Legal Aid Society has completed its move into larger office space which will help the organization service its growing roster of clients.
Opinions Oct. 11, 2013 ILD
Indiana Court of Appeals
Frank D. Dinius v. State of Indiana (NFP)
02A03-1301-CR-29
Criminal. Affirms convictions and sentence for Class D felonies confinement and domestic battery and Class A misdemeanor interference with reporting of a crime.
Bryan D. Lewis v. State of Indiana (NFP)
34A02-1212-CR-973
Criminal. Affirms convictions of Class B felony possession of cocaine and Class A misdemeanor resisting law enforcement.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions Oct. 11, 2013
Indiana Court of Appeals
Medtronic, Inc., v. Lori A. Malander, Individually and as Personal Representative of the Estate of David M. Malander, Sr., Deceased and Kathleen Malander
49A02-1211-CT-925
Civil tort. Affirms denial of Medtronic’s motion for summary judgment in an action against it by Lori Malander, individually and as the personal representative of the Estate of David Malander, deceased, and Kathleen Malander. The Medical Device Amendments to the Federal Food, Drug, and Cosmetics Act does not preempt the claim against Medtronic and genuine issues of material fact exist regarding whether Medtronic assumed a duty to David Malander.
Teacher’s suggestive messages to student were ‘immoral’ but not a crime, COA rules
Although the Indiana Court of Appeals found a high school teacher’s behavior toward a 16-year-old female student to be “deplorable and immoral,” it overturned his convictions because his actions were not criminal under statute.
COA reverses contempt finding, but upholds sanctions
A nurse who made false allegations leading to the detention of a co-worker for mental health reasons will have to pay as ordered toward the woman’s attorney fees even though the Indiana Court of Appeals reversed an indirect civil contempt finding.
Divided COA: Statement on record unneeded to waive jury trial
The majority of a Court of Appeals panel affirmed a Hendricks County man’s conviction in a bench trial of misdemeanor intimidation, but a dissenting COA judge wrote the defendant was improperly denied a jury trial and his conviction should be tossed.
COA clears way for negligence complaint against medical device company
A lawsuit filed against medical device manufacturer Medtronic following the death of a man who had one of the company’s medical devices implanted can continue, the Indiana Court of Appeals ruled Friday. It held the Medical Device Amendments to the Federal Food, Drug and Cosmetics Act does not preempt a family’s negligence claim.
Jury should hear discrimination suit filed by fired ‘salesman of the year’
The reasons a company gave for firing its most productive salesman – who also happened to be its oldest – raise potential credibility issues, the 7th Circuit Court of Appeals ruled Thursday. The judges decided the salesman’s age discrimination lawsuit should proceed to a jury.
South Bend attorney to be sentenced in December on forgery convictions
A disbarred sole practitioner from South Bend who was found guilty in September on three counts of forgery will be sentenced Dec. 11 in St. Joseph County.
Indiana consumers to receive payout in settlement with negative option marketer
Indiana Attorney General Greg Zoeller announced Thursday that a company accused of deceptive advertising has entered into a $30 million settlement with 48 states, resulting in $238,900 in money for Indiana customers.
Dickson, Kirsch honored guests at annual American College of Trial Lawyers dinner
U.S. Judge Jane Magnus-Stinson of the Southern District of Indiana will speak Friday at the annual dinner of the Indiana chapter of the American College of Trial Lawyers. Indiana Chief Justice Brent Dickson and Indiana Court of Appeals Judge James Kirsch are the honored guests of the fellows at the dinner.
Opinions Oct. 10, 2013 ILD
Indiana Court of Appeals
Coady Coyote Craddick v. Indiana Department of Correction (NFP)
52A02-1211-MI-942
Miscellaneous. Affirms dismissal of complaint against the DOC alleging it violated the Ex Post Facto Clause of the Indiana Constitution by classifying Craddick as a sex offender.
Fredrick D. McClure v. State of Indiana (NFP)
18A02-1302-CR-196
Criminal. Affirms trial court determination that McClure’s previously stayed sentence was eight years rather than four years.
Jason Hays v. State of Indiana (NFP)
28A04-1303-CR-109
Criminal. Affirms conviction of Class B felony operating a vehicle with a controlled substance in blood causing death.
Joseph A. Kast v. State of Indiana (NFP)
02A04-1301-CR-35
Criminal. Affirms 65-year sentence for murder conviction.
Tabatha Murphy v. State of Indiana (NFP)
30A04-1302-CR-82
Criminal. Affirms convictions of Class C felony battery with a deadly weapon, Class C felony battery resulting in serious bodily injury and Class A misdemeanor battery.
Ryan Thomas Johnston v. State of Indiana (NFP)
29A02-1212-CR-1014
Criminal. Affirms revocation of probation.
David Roy Winters v. State of Indiana (NFP)
71A03-1302-CR-41
Criminal. Affirms conviction and sentence for Class A misdemeanor conversion.
In Re The Involuntary Termination of the Parent-Child Relationship of R.C. and M.C.: Ro.C. (Father) v. The Indiana Department of Child Services (NFP)
49A02-1303-JT-194
Juvenile. Affirms involuntary termination of parental rights.
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.
Opinions Oct. 10, 2013
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of E.T., D.T., L.T., and Y.T., Minor Children: M.T., v. Indiana Dept. of Child Services and Lake County Court Appointed Special Advocate
45A03-1302-JT-49
Juvenile. Affirms termination of parental rights. The mother has not demonstrated that the trial court clearly erred when it determined that continuation of the parent-child relationship with the children poses a threat to their well-being. Nor has she shown that termination is not in the best interest of the children or that the court erred when it determined that adoption is a satisfactory plan following the terminations.
Mother unable to show error in terminating her parental rights
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.
COA still finds supervised visitation argument moot
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.
COA affirms parental termination in child’s best interest
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.