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The dissenting judge in a case involving the dismissal of a company’s petition for judicial review of a decision by the Alcohol and Tobacco Commission believed the petition must be dismissed based on the language of the Administrative Orders and Procedures Act. The majority ordered resolution of the issue on the merits.
Finding that a construction supervisor’s receipt of unemployment benefits didn’t preclude him from eligibility for temporary total disability benefits, the Indiana Court of Appeals affirmed a total award of more than $61,000 to the injured worker.
Indianapolis Community Court, the only community court in the state, will host a food and clothing drive April 27 for the David S. Moore Food Pantry located in Community Court in Fountain Square.
The fee for filing a civil case in federal court will increase from $350 to $400 May 1. The new $50 general administrative fee for filing a civil action, lawsuit or proceeding in a District Court was approved by the Judicial Conference of the United States in September 2012.
Indiana Court of Appeals
James Edwin Goris v. State of Indiana (NFP)
87A01-1209-CR-442
Criminal. Affirms convictions of Class C misdemeanor operating a vehicle with an alcohol concentration equivalence between 0.08 and 0.15, and Class C infraction failure to obey a stop sign at a through highway.
Walter Fisk v. State of Indiana (NFP)
49A02-1208-CR-646
Criminal. Affirms convictions of Class A misdemeanor battery and Class B misdemeanor unauthorized entry of a motorized vehicle.
Antonio A. Burgos, Sr. v. State of Indiana (NFP)
02A04-1209-CR-461
Criminal. Affirms conviction of Class D felony possession of marijuana.
Charles E. Justise, Sr. v. State of Indiana (NFP)
49A02-1209-PC-736
Post conviction. Affirms denial of petition for post-conviction relief.
Jessica and Gerson Urbina v. Tina Klinkose-Kyler, Laronda Southworth and A Bond of Life Adoptions, LLC (NFP)
06A01-1210-CT-464
Civil tort. Reverses dismissal of the Urbinas’ lawsuit against ABLA for damages in a failed adoption process. Remands for reinstatement of the complaint.
Richard J. Bond v. Knox County Drainage Board and Dick Vermillion, As Knox County Surveyor (NFP)
42A01-1209-PL-422
Civil plenary. Affirms dismissal of Bond’s petition for judicial review for failure to state a claim.
Brenda Varo v. State of Indiana (NFP)
49A05-1203-CR-144
Criminal. Grants rehearing to address an issue raised in Varo’s appeal on a jury instruction on criminal gang activity, but that the error, if any, was waived. Reaffirms original decision.
E. Paul Haste v. State of Indiana (NFP)
03A05-1207-CR-378
Criminal. Grants state’s petition for rehearing, vacates the portion of opinion denying a hearing on restitution and remands for a new hearing on restitution.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Prosecutors acknowledged Thursday they could not currently provide a witness who would definitively testify that rat poison Bei Bei Shuai ingested was the cause of her newborn’s death, for which she stands charged with murder.
7th Circuit Court of Appeals
Emilio Martino v. Western & Southern Financial Group
12-1855
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Affirms summary judgment for Western & Southern Financial Group on Martino’s lawsuit for religious discrimination and defamation. Martino’s evidence neither calls into doubt W&S’s explanation for his discharge – that he did not provide documents verifying his eligibility for employment in the U.S. – nor establishes a prima facie case of defamation.
Worried that upholding a man’s conviction based solely on DNA presence on a glove found at a crime scene would create a precedent for criminals to frame someone else, the Indiana Court of Appeals reversed a burglary conviction out of St. Joseph County.
Gov. Mike Pence signed Senate Enrolled Act 486 Wednesday, which will allow three counties to appoint additional magistrates or judges.
An Italian-born naturalized U.S. citizen who sued his former employer for religious discrimination and defamation after he was fired could not prove his claims before the 7th Circuit Court of Appeals.
Indiana Court of Appeals
Dennis Barnett v. State of Indiana (NFP)
49A02-1207-PC-610
Post conviction. Affirms denial of petition for post-conviction relief.
Michael Pollack v. State of Indiana (NFP)
84A04-1207-CR-374
Criminal. Affirms probation revocation and order that Pollack serve 464 previously suspended days.
In Re the Marriage of: Lisa C. Medley v. Frederick A. Medley (NFP)
49A04-1205-DR-223
Domestic relation. Affirms finding of contempt against the mother based on her interference with the father’s parenting time, and affirms the determination of father’s child support obligation. Reverses finding that mother was in contempt for claiming children as dependent exemptions on taxes. Remands for further proceedings.
Robert L. Johnson, Barbara Johnson, Peace Building Communities, The Professional Groups of the Millennium, LTD., and God's New Covenant Church v. Peace Baptist Church, Inc. (NFP)
45A03-1206-CT-285
Civil tort. Affirms order in favor of Peace Baptist Church, finding Robert and Barbara Johnson liable of conversion. Remands for a determination on Robert Johnson’s counterclaim for malicious prosecution.
Inner Circle Properties, LLC v. Jeffrey Beeks (NFP)
35A02-1210-SC-885
Small claim. Reverses denial of Inner Circle’s claim for $250 in attorney or collection fees and remands with instructions.
Wanda Strickler v. State of Indiana (NFP)
48A04-1208-CR-408
Criminal. Affirms sentence for Class C felony trafficking with an inmate.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued to Indiana decisions prior to IL deadline.
Indiana Court of Appeals
Joshua McCaine Pillow v. State of Indiana
71A04-1206-CR-325
Criminal. Affirms conviction of Class C felony operating a motor vehicle after driving privileges had been forfeited for life. There was sufficient evidence Pillow operated a motor vehicle and his driving privileges had been forfeited for life, which is all the state is obliged to prove under I.C. 9-30-10-17.
A southern Indiana man was not able to convince the Indiana Court of Appeals that the court should overturn his convictions of murder and other charges for stabbing his stepdaughter.
Inaction by the Bureau of Motor Vehicles to update a man’s driving record to reflect his lifetime suspended license is not enough to nullify a statutory requirement that his lifetime suspension be imposed, the Indiana Court of Appeals ruled Wednesday.
The Indiana Court of Appeals upheld the suppression of evidence in a man’s drunken-driving case, finding police did not have reasonable suspicion to pull the man over because he was driving left of center on a county road to avoid poor road conditions.
The Allen Superior Court Judicial Nominating Commission will interview eight applicants April 25 for Judge Stephen Sims’ spot on the Superior Court. Sims retires Friday.
Indiana Supreme Court justices on Tuesday quizzed attorneys about what constitutes hazing and whether Wabash College and a fraternity chapter owed a duty to protect a pledge injured when fraternity brothers placed him in a chokehold then dropped him.
The Lake County-based Women Lawyers Association will pay tribute to Indiana Justice Loretta Rush, the state’s second female justice, during a reception next month.
Indiana Court of Appeals
Term. of the Parent-Child Rel. of J.L.W. (Minor Child) and S.R.W. (Mother), J.C.H. (Alleged Father), and Alleged Unknown Father v. The Indiana Dept. of Child Services (NFP)
02A03-1207-JT-307
Termination of parental rights. Affirmed involuntary termination of mother’s parental rights. Found the trial court did not err in concluding that there is a reasonable possibility that the conditions that resulted in the minor’s placement outside the home will not be remedied.
Ronald A. Bohannon v. State of Indiana (NFP)
28A04-1212-CR-656
Criminal. Affirms sentence of eight years for a reckless homicide conviction, which was enhanced by five years as a result of Bohannon’s habitual offender status; seven years for handgun convictions, to be served consecutively to the enhanced sentence; and two years for a conviction of receiving stolen property, to be served concurrently with the other sentences.
Kenyatta Erkins and Ugbe Ojile v. State of Indiana
58A01-1205-CR-215
Criminal. Affirms convictions of Class A felony conspiracy to commit robbery resulting in serious bodily injury. Rejected all the issues Erkins and Ojile raised on appeal. Found the trial court did not err in permitting the amendment to the charging information; the evidence was sufficient to show the pair intended and agreed to commit robbery that would result in serious bodily injury; the trial court did not abuse its discretion in admitting evidence gathered after Erkins and Ojile left the casino; any error in admitted interpretations of the pair’s phone conversation was harmless; and the prosecutor did not commit misconduct nor cause a fundamental error.
In Re the Paternity of A.H., A.E., A.M., A.I., A.N.; A.G. v. A.H. (NFP)
49A02-1208-JP-668
Paternity. Affirms trial court calculation of father’s weekly child support obligation since 2007. Found the trial court did not abuse its discretion when it made the calculations.
Sungold Holdings, Inc., Midwest Auto Body, and Robert H. Gentry, III v. Donald Blair (NFP)
18A02-1207-MI-612
Miscellaneous. Affirms trial court’s decision to issue tax deeds to Blair for three properties sold at a tax sale. Found the trial court did not err in holding that Sungold Holdings, et. al., failed to raise a viable objection to the sale.
D.S. v. State of Indiana (NFP)
49A04-1210-JV-522
Juvenile. Affirms juvenile court’s adjudication finding that D.S. is a delinquent child for committing what would be the crime of receiving stolen property, a Class D felony, is committed by an adult. Found the juvenile court did not abuse its discretion by permitting the state to reopen its case in chief. Also ruled the juvenile court did not commit a reversible error by denying D.S.’s motion for involuntary dismissal under Indiana Trial Rule 41(B).
Antwan Parks v. State of Indiana (NFP)
79A02-1208-CR-672
Criminal. Affirms Parks’s conviction for Class C felony battery. Concluded the evidence was sufficient to establish bodily injury.
Hoosiers with criminal records might soon be able to erase their past.