COA: No error in denying reckless homicide instruction
The evidence presented at trial did not support a defendant’s request to instruct the jury on reckless homicide as a lesser offense of murder, the Indiana Court of Appeals ruled.
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Law firm not entitled to summary judgment on complaint seeking payment
Finding that there are genuine issues of material fact as to whether an employee was acting on his own behalf or on behalf of his company when he sought a law firm’s services, the Indiana Court of Appeals ordered more proceedings on the firm’s complaint for payment.
Vincennes did not breach contract with men’s basketball coach
The Indiana Court of Appeals concluded Tuesday that summary judgment should have been granted in favor of Vincennes University on a former basketball coach’s lawsuit alleging breach of contract after the university did not renew his contract for the following year.
Pence signs probate, problem-solving court legislation
Gov. Mike Pence signed 25 bills into law Monday, including legislation restricting criminal background checks and changes to probate and trust administration.
Hendricks Superior Court accepting applications for 2 magistrates
The Hendricks Superior Courts are looking to fill two magistrate positions created by the General Assembly during the recently completed 2013 legislative session.
Indianapolis officer faces more drunken-driving charges
The suspended Indianapolis Metropolitan Police Department officer accused of killing one motorcyclist and injuring two others in an August 2010 crash has been arrested and charged with two misdemeanor drunken-driving offenses.
Indiana teams take 5th, 10th place in national civics competition
Two Indiana teams ranked among the top 10 after participating in the championship round of the We The People national competition.
Marion County Odyssey transition may cause delays
Civil filings in Marion Circuit and Superior courts could experience delays after Friday when the JUSTIS case management system will go offline pending a transition to the Odyssey CMS. Odyssey is slated to go live in the civil courts May 13.
Session wraps up, bills await governor’s signature
The Indiana General Assembly completed its 2013 legislative session late Friday, passing a two-year budget that retroactively eliminates the state inheritance tax and increases funding for the Department of Child Services.
Opinions April 29, 2013 ILD
Indiana Court of Appeals
Swami, Inc., et al. v. Franklin Drywall II, LLC (NFP)
10A01-1208-MF-398
Mortgage foreclosure. Affirms determination that Franklin Drywall was entitled to recover $48,681.60 and award of attorney fees to the company in dispute over delays in completing drywall work. Reverses finding that a certain mortgage debt should not be considered to be a lien against the property in question. Remands for further proceedings.
Renee Tripp v. William Bockman (NFP)
43A03-1208-DR-375
Domestic relation. Affirms in part order on mother’s petition for arrearages and remands with instructions to address her request for a determination of any arrearage related to father’s basic child support obligation.
Anthony Minney v. State of Indiana (NFP)
49A02-1206-CR-481
Criminal. Affirms conviction and sentence for Class C felony escape.
DeMarkus Adams v. State of Indiana (NFP)
49A02-1210-CR-776
Criminal. Affirms murder conviction.
Tony Campos v. State of Indiana (NFP)
15A05-1210-CR-511
Criminal. Affirms sentence for Class C felony battery with a deadly weapon.
Raymond Carter v. State of Indiana (NFP)
29A02-1210-CR-779
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
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 April 29, 2013
Indiana Court of Appeals
Swami, Inc., et al. v. Franklin Drywall II, LLC (NFP)
10A01-1208-MF-398
Mortgage foreclosure. Affirms determination that Franklin Drywall was entitled to recover $48,681.60 and award of attorney fees to the company in dispute over delays in completing drywall work. Reverses finding that a certain mortgage debt should not be considered to be a lien against the property in question. Remands for further proceedings.
SCOTUS declines church property dispute case
The Supreme Court of the United States will not take a case involving a dispute between churches over property.
Bankruptcy filings drop in Indiana, U.S.
Bankruptcy filings are down 14.4 percent for the 12-month period ending March 31 as compared to the same 12-month period ending March 31, 2012, according to statistics from the Administrative Office of the United States Courts.
2 Indiana teams competing Monday in the We The People finals
For the first time in Indiana history, both of the state’s We The People teams are in the top 10 of the We The People national finals.
7th Circuit denies petitions seeking review of mine safety regulations
The 7th Circuit Court of Appeals Friday found that the Federal Mine Safety and Health Administration acted within its statutory and constitutional authority in demanding review of employee medical records to ensure mines were not under-reporting injuries or illnesses.
Opinions April 26, 2013 ILD
Indiana Court of Appeals
Term. of the Parent-Child Rel. of C.R. (Minor Child) and T.R. (Mother) v. The Indiana Dept. of Child Services (NFP)
35A05-1208-JT-435
Juvenile. Reverses termination of parental rights and remands with instructions to enter specific factual findings and to provide an explanation as to how the findings support the judgment.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions April 26, 2013
7th Circuit Court of Appeals
Big Ridge Inc., Jerad Bickett, et al. v. Federal Mine Safety and Health Review Commission, et al.
12-2316, 12-2460
Review of order. Denies petitions for review filed by mine operators and a group of mine employees regarding regulations that allow for Federal Mine Safety and Health Administration inspectors to review employee medical and personnel records during inspections to verify the mines have not been under-reporting miners’ injuries and illnesses.
Criminal code overhaul goes to Pence
The Indiana Senate Friday passed the legislation that is the first comprehensive reform of the state’s criminal code in more than 35 years. It now goes to Gov. Mike Pence for his signature.
3 named as finalists for Allen Superior bench
The Allen Superior Court Judicial Nominating Commission announced Friday that Allen Superior Magistrate Judges Craig Bobay and Jennifer DeGroote, and Barrett & McNagny LLP attorney Michael Michmerhuizen have been selected as finalists for the judgeship that will be open as a result of Stephen Sims' retirement.
Child support case presents issue of first impression
The Indiana Court of Appeals was presented with an issue for the first time: whether a child support order should be reduced for the time a child is living on campus when a court has found that the child has repudiated the non-custodial parent, and on that basis refused to enter an educational support order.