To refine your search through our archives use our Advanced Search
Senate President Pro Tem David Long’s legislative initiative calling for a convention to propose amendments to the U.S. Constitution advanced out of the Committee on Rules and Legislative Procedure Tuesday.
Indiana Court of Appeals
Ernesto Roberto Ramirez v. State of Indiana (NFP)
45A05-1204-CR-224
Criminal. Affirms convictions of murder and Class D felony criminal gang activity.
Brandon E. Klein v. State of Indiana (NFP)
79A02-1201-CR-38
Criminal. Affirms convictions and sentence for Class D felony intimidation and Class A misdemeanor invasion of privacy.
In the Matter of the Term. of the Parent-Child Rel. of S.K.W. and D.L.W.J.: D.W. v. Indiana Dept. of Child Services and Lake County Court Appointed Special Advocate (NFP)
45A03-1206-JT-293
Juvenile. Affirms termination of parental rights.
Thomas Clements v. State of Indiana (NFP)
20A03-1205-CR-200
Criminal. Reverses denial of verified petition to limit access to criminal history and vacates the trial court order.
Olie McNeal v. State of Indiana (NFP)
49A05-1207-CR-364
Criminal. Affirms conviction of Class A misdemeanor battery.
Megan Parker v. State of Indiana (NFP)
49A05-1206-CR-327
Criminal. Affirms conviction of carrying a handgun without a license as a Class A misdemeanor.
Bradley Franks v. State of Indiana (NFP)
49A05-1205-CR-256
Criminal. Affirms revocation of probation.
Daniel Miller v. State of Indiana (NFP)
88A01-1205-CR-228
Criminal. Affirms sentence following guilty plea to Class A felony burglary and Class B felony rape.
Tyrone Frazier v. State of Indiana (NFP)
49A02-1202-PC-113
Post conviction. Affirms denial of petition for post-conviction relief.
Metropolitan Property & Casualty Ins. Co. v. Gary Darland (NFP)
53A01-1204-PL-179
Civil plenary. Affirms a covered loss under the MetLife policy occurred and the trial court properly awarded Darland $42,370 for the total loss of a boat and trailer. Reverses loss of use damages to Darland for the 2010 boating season.
Ricky L. Flake v. State of Indiana (NFP)
73A05-1207-CR-356
Criminal. Affirms sentence following guilty plea to Class D felony operating a vehicle after suspension.
Luke White v. State of Indiana (NFP)
49A02-1206-CR-477
Criminal. Affirms convictions of Class B felony aggravated battery and Class C felony battery.
Anthony E. Thomas v. State of Indiana (NFP)
20A03-1208-CR-377
Criminal. Affirms revocation of placement in work release center.
The Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Supreme Court
Ronald B. Hawkins v. State of Indiana
20S03-1208-DR-499
Domestic relation. Vacates convictions of two counts of Class C felony nonsupport of a dependent where Hawkins was tried in absentia. The record indicates that Hawkins’ failure to appear at trial did not constitute a waiver of his right to counsel. Remands for a new trial.
The Indiana Supreme Court accepted just one case on transfer last week, that of a Lawrence County teen who was ordered to register as a sex offender.
Senate Bill 347, introduced to rectify issues brought up by the 7th Circuit Court of Appeals when it struck down an existing law regulating social media use by registered sex offenders, passed the Senate Monday by a vote of 49-0.
A North Carolina man who was convicted of two counts of Class C felony neglect of a dependent by an Elkhart Superior Court while the defendant was on a bus on the way to court will get a new trial, the Indiana Supreme Court concluded Tuesday.
Indiana Court of Appeals
Jerome Scott Mattingly v. Juan William Smith and Julie Ann Smith and Sharon O'Connell and Daniel E. Richards, Vernuse Mings and Meredith Mings, Glen H. Macphee and Carol S. Macphee, et al. (NFP)
55A05-1203-PL-142
Civil plenary. Affirms trial court conclusion that a plat of survey unambiguously created an express easement, thereby precluding consideration of extrinsic evidence and that the existence of that easement excused Mattingly’s actions.
Dennis L. Lloyd, Jr. v. State of Indiana (NFP)
30A04-1207-CR-431
Criminal. Affirms conviction of Class D felony possession of cocaine and Class A misdemeanor resisting law enforcement.
Robert D. Bowen v. State of Indiana (NFP)
08A02-1206-CR-504
Criminal. Affirms convictions of and sentence for Class B felony unlawful possession of a firearm by a serious violent felon, Class C felony dealing in a schedule IV controlled substance, Class D felony possession of a controlled substance and Class A misdemeanor possession of marijuana.
Nancie Hale, as Next Friend of John Doe v. Randolph County Kinds, Inc. d/b/a Camp Yale, Randolph County Department of Community Corrections, Camp Kidz-Kan-Du, et al. (NFP)
89A01-1206-CT-246
Civil tort. Affirms summary judgment to Nautilus Insurance Co. and reformed the policy limits to $100,000 per occurrence and $300,000 aggregate instead of $1 million per occurrence and $2 million aggregate.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
Jim A. Edsall v. State of Indiana
57A03-1205-CR-240
Criminal. Affirms sentence following guilty plea to five counts of Class A felony delivery of methamphetamine and one count of Class A felony conspiracy to manufacture meth. There is no indication that the trial court considered alleged inaccurate and irrelevant testimony when sentencing him, and his sentence is appropriate based on his character and nature of his offenses. Reverses order of restitution as part of Edsall’s sentence because the trial court had not authority to order restitution in this case.
A citizen of Ecuador who has lived in the U.S. since he was one year old was unable to convince the Indiana Court of Appeals in separate cases that his counsel’s failure to inform him of the possible deportation consequences of pleading guilty to a crime should result in post-conviction relief.
Don Marsh shouldn’t have to wait long to find out if he can collect his entire $4 million severance or whether he’ll have to return the portion he’s already received from Marsh Supermarkets Inc.
The Indiana Court of Appeals concluded Monday that a threat made by a man against his brother a year before the man threw hot water on the brother was properly admitted into evidence during trial.
A defendant ordered to repay more than $19,000 that a drug task force spent to investigate his methamphetamine manufacturing will not have to make restitution because the state isn’t a victim under the restitution statute, the Indiana Court of Appeals ruled.
Senate President Pro Tempore David Long’s resolution and two companion bills calling for states to gather to amend the U.S. Constitution to limit the commerce clause and federal taxing authority will be heard before the Committee on Rules and Legislative Procedure Tuesday.
U.S. justices will hear arguments Tuesday morning in the lawsuit brought by Monsanto Co. against Knox County farmer Vernon Hugh Bowman alleging patent infringement.
Each year, the 7th Circuit Bar Association honors members of the legal profession for their pro bono and public service work who are from the host state of the association’s annual meeting. Indiana is hosting the meeting May 5-7 in Indianapolis.
Indiana Court of Appeals
VFW Post 2953, et al. v. City of Evansville and Evansville Common Council (NFP)
82A01-1206-PL-255
Civil plenary. Affirms denial of the fraternal organizations’ petition for injunctive relief and a declaratory judgment that a city ordinance prohibiting smoking violates the Indiana Constitution.
Shawn J. Lee v. State of Indiana (NFP)
32A01-1207-CR-329
Criminal. Vacates conviction of Class D felony theft and remands for further proceedings.
Misty DeMoss v. Toby Dolan (NFP)
55A04-1209-SC-458
Small claim. Affirms finding that DeMoss acted in direct contempt of court.
Tasha Parsons v. State of Indiana (NFP)
16A01-1208-CR-356
Criminal. Affirms murder sentence.
Larry J. Briski v. Peoples Bank (NFP)
45A03-1208-PL-343
Civil plenary. Affirms summary judgment in favor of the bank on the bank’s action to enforce a guaranty for $50,000 against Briski.
Courtney A. Wuethrich v. State of Indiana (NFP)
66A03-1206-CR-276
Criminal. Affirms convictions of Class C misdemeanors illegal consumption of alcohol and operating a vehicle with a blood alcohol concentration equivalent to at least 0.08 but less than 0.15.
Dennis White v. State of Indiana (NFP)
48A02-1207-CR-588
Criminal. Affirms order of maximum and consecutive sentences following a guilty plea to one count each of Class C felony criminal confinement, Class D felony criminal confinement and Class D felony torturing or mutilating a vertebrate animal.
In Re: The Paternity of K.D.; M.G. v. S.D. (NFP)
32A01-1209-JP-432
Juvenile. Affirms modification of custody in favor of father, but reverses order mother must pay $750 toward father’s attorney fees.
Clarence E. Smith v. State of Indiana (NFP)
47A04-1206-CR-315
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Pie Kitchen, LLC d/b/a Homemade Ice Cream and Pie Kitchen v. Merchant, LLC (NFP)
10A01-1207-CC-322
Civil collection. Affirms summary judgment in favor of the merchant, awarding it more than $48,000 in damages and interest in a lease dispute.
Brian Williams v. State of Indiana (NFP)
49A05-1206-CR-301
Criminal. Affirms conviction of Class B felony aggravated battery.
Jesse L. Rose v. State of Indiana (NFP)
09A05-1205-CR-251
Criminal. Affirms four convictions of Class A felony child molesting and 200-year sentence.
Paul Stieler Enterprises, Inc. d/b/a Harbor Bay, et al. v. City of Evansville and Evansville Common Council (NFP)
82A01-1205-CT-242
Civil tort. Affirms denial of the tavern owners request for injunctive relief and a declaratory judgment that an Evansville ordinance prohibiting smoking in certain locations violates the Indiana Constitution.
The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline. The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Indiana Court of Appeals
South Shore Baseball, LLC d/b/a Gary South Shore Railcats, and Northwest Sports Venture, LLC v. Juanita DeJesus
45A03-1205-CT-222
Civil tort. Reverses denial of summary judgment for South Shore Baseball on DeJesus’ lawsuit filed after she was hit by a foul ball at a game. As a matter of law, the appellants can’t be held liable for her injuries. Remands with instructions for the court to issue summary judgment in favor of South Shore Baseball.
A baseball organization in Lake County is not liable for the injuries a fan suffered when she was hit in the face by a foul ball during a game, the Indiana Court of Appeals ruled Friday.
Two judges on the Indiana Court of Appeals decided that a trial judge didn’t have statutory authority to order an indigent woman to perform community service instead of paying fines and costs of her case, ordering the court to address the issue of imposing fees and costs.
A beneficiary of a trust couldn’t prove to the Indiana Court of Appeals that the purpose of the trust, created by her mother, was to benefit any grandchildren and because there are no grandchildren, the trust should be terminated.