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A woman who lost her legs after an Indianapolis motorcycle crash isn’t entitled to a new trial even though hearsay evidence was improperly admitted, including her statements that the crash was her fault.
The Indiana Court of Appeals reversed the denial of a general contractor’s motion to stay proceedings and compel arbitration regarding disputes with subcontractors, finding general contractor Welty Building Co. LTD did not waive its right to insist upon arbitration.
A Lake Superior trial court did not abuse its discretion in refusing to give an accused murderer’s proposed jury instruction regarding the presumption of innocence, the Indiana Court of Appeals held.
A Howard Superior Court erred in denying a bank’s motion for relief from the court’s quiet title decree finding the bank no longer held any interest in certain real property owned by a divorcing couple, the Indiana Court of Appeals ruled Thursday.
A Shelby County man who claimed his devotion to his religious beliefs required him to breed, raise and fight gamefowl had his convictions relating to animal fighting upheld by the Indiana Court of Appeals Thursday.
U.S. law firm mergers in the first quarter of this year hit a four-year high, Altman Weil Inc. announced Thursday. Twenty-one firms announced mergers and acquisitions, with most deals involving acquisitions of small law firms.
St. Joseph Circuit Judge Michael Gotsch announced Wednesday that Andre B. Gammage will replace Elizabeth C. Hurley as magistrate judge on the court. Hurley was recently appointed to the St. Joseph Superior bench by Gov. Mike Pence.
Indiana Court of Appeals
Albert Lee Baker v. State of Indiana (NFP)
53A01-1210-CR-490
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a narcotic drug.
John W. Taylor, IV v. State of Indiana (NFP)
20A03-1208-CR-365
Criminal. Affirms convictions of three counts of attempted murder, all as Class A felonies.
Benjamin A. Hankins v. State of Indiana (NFP)
18A02-1207-CR-611
Criminal. Affirms conviction and sentence for murder.
Jason R. Derry, Jr. v. State of Indiana (NFP)
20A03-1208-CR-354
Criminal. Affirms denial of motion to re-sentence following guilty plea to Class D felony possession of cocaine.
Term. of the Parent-Child Rel. of E.B., minor child, and T.S., biological father; T.S. v. Indiana Dept. of Child Services (NFP)
49A05-1208-JT-414
Juvenile. Affirms involuntary termination of parental rights.
Christopher Snyder v. Classic Restaurant Services, LLC (NFP)
29A02-1207-CT-592
Civil tort. Affirms grant of a preliminary injunction against Snyder.
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.
Indiana Court of Appeals
Albert Lee Baker v. State of Indiana (NFP)
53A01-1210-CR-490
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a narcotic drug.
More than a month after former Lake County clerk Thomas R. Philpot was sentenced to serve 18 months for theft and mail fraud convictions, the Indiana Supreme Court Disciplinary Commission has requested his law license be suspended by the Supreme Court.
Legislation that will add more judicial officers in Hamilton, Hendricks and Owen counties passed unanimously out of the House of Representatives Tuesday.
Three of the five Indiana justices have decided that the Indiana Court of Appeals decision in Andrew Humphreys’ case challenging his habitual offender adjudication should stand, so they voted to vacate transfer granted in December.
The 7th Circuit Court of Appeals agreed with a Northern District judge’s conclusion that a Dyer law firm’s professional liability insurer did not have to cover a mistake by an associate in a client’s failed business deal because the firm didn’t timely notify its insurer of a potential malpractice claim.
Indiana Court of Appeals
Term. of the Parent-Child Rel. of: S.B. (Minor Child) and W.G. (Father) v. The Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A02-1208-JT-663
Juvenile. Affirms involuntary termination of parental rights.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
7th Circuit Court of Appeals
Koransky, Bouwer & Poracky P.C. v. The Bar Plan Mutual Insurance Co.
12-1579
U.S. District Court, Northern District of Indiana, Judge William C. Lee.
Civil. Affirms summary judgment for The Bar Plan and the denial of Koransky Bower & Poracky’s motion for summary judgment on whether The Bar Plan had to represent the law firm or indemnify it on a client’s malpractice claim. The law firm’s knowledge of the email exchange with the seller’s counsel in February and the Alabama declaratory judgment action filed March 14 constituted knowledge of “any circumstance, act or omission that might reasonably be expected to be the basis of” a malpractice claim by the firm’s client. The firm did not notify The Bar Plan in a timely manner.
A proposal to expand Indiana’s school voucher program moved to the full Senate on Tuesday, but not before opponents said the unknown costs and impact of the bill amounted to a fiscal cliff for the state and a bailout of private religious schools.
The Indiana Supreme Court agreed last week to take three cases – an environmental damages lawsuit, an insurance dispute and a woman’s challenge to her drug charges.
Former Justice Frank Sullivan will mediate a dispute over a Lake Superior Court judgeship vacancy, the Indiana Supreme Court ordered Monday.
Indiana Court of Appeals
Daniel G. Suber & Associates v. Edward Smith (NFP)
45A04-1205-CT-278
Civil tort. Affirms grant of Smith’s motion to enforce an equitable lien and the award of attorney fees. Denies Smith’s request for appellate attorney fees.
Edward E. Wroblewski v. Linda M. (Wroblewski) Cain (NFP)
33A01-1204-DR-170
Domestic relation. Affirms judgment issued in favor of Linda Cain resolving various petitions and motions related to the post-secondary education component of the parties’ child support obligations.
Aaron Ingle v. State of Indiana (NFP)
49A02-1206-CR-538
Criminal. Affirms convictions of three counts of Class D felony neglect of a dependent.
Rickie B. Gilliam v. State of Indiana (NFP)
79A02-1206-CR-482
Criminal. Affirms convictions and sentence for two counts of Class A felony attempted murder and one count of Class B felony possession of a firearm by a serious violent felon.
Charles Dunmore v. State of Indiana (NFP)
34A02-1209-CR-769
Criminal. Affirms convictions of Class D felony possession of cocaine and Class A misdemeanor resisting law enforcement.
Trivest Partnership, L.P. v. James Gagan, Fred Wittlinger, Jack Allen and Eugene Deutsch (NFP)
45A03-1205-CT-208
Civil tort. Affirms denial of Trivest Partner’s motion for attorney fees against Gagan, Wittlinger, Allen and Deutsch.
Fayette County Board of Commissioners v. Howard Price (NFP)
21A04-1208-PL-434
Civil plenary. Affirms denial of the board of commissioner’s motion for summary judgment after the court concluded that the board’s decision not to reappointment Price as director of highway operations was a quasi-judicial decision that is subject to judicial review.
Baldemar Lopez Saldana v. State of Indiana (NFP)
20A05-1203-PC-128
Post conviction. Remands with instructions to dismiss Saldana’s appeal for relief from a ruling entered against him.
In the Matter of the Termination of the Parent-Child Relationship of: W.S.; B.B. v. Indiana Department of Child Services (NFP)
34A02-1210-JT-867
Juvenile. Affirms termination of parental rights.
Andrew Ray Golden v. State of Indiana (NFP)
40A05-1205-CR-243
Criminal. Affirms convictions of Class A felony manufacturing methamphetamine within 1,000 feet of a public park and Class D felony unlawful possession of a hypodermic needle.
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.