Former Venture employee turns on Bales during testimony
An FBI investigation into Venture Real Estate Services and principals John Bales and Bill Spencer had already begun when Matthew Dyer signed on as the company's controller in December 2009.
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Couple had to get permit before installing septic systems
Rejecting a couple’s claim that a statute exempted them from having to get a permit before installing septic systems following the construction of their home in an unincorporated area of Allen County, the Indiana Court of Appeals affirmed summary judgment for the health department on the matter.
Court reverses grant of custody to grandmother
Finding that the Porter Circuit judge’s ruling is not supported by clear and convincing evidence, the Indiana Court of Appeals ordered the court vacate its award of physical custody of A.S. to her grandmother and return her to the care of her mother.
Husband’s settlement proceeds should be included in marital pot
The Indiana Court of Appeals upheld the decision of the Monroe Circuit Court to include a husband’s settlement proceeds from an action against his former employer as a marital asset when he and his wife divorced.
Weinberger owes patient $150k for unnecessary surgery
Dr. Mark S. Weinberger, who fled the country for several years after performing numerous unnecessary surgeries on his patients’ sinuses, must pay one patient $150,000 on a medical malpractice claim.
Judges affirm 53-year sentence for bank shooting
The man who shot a pregnant teller in Indianapolis, leading to the death of her twins, had his sentence on remand upheld by the Indiana Court of Appeals.
7th Circuit grants injunction in company’s suit against providing employees contraceptives
Finding a case out of Madison, Ind., to be nearly identical to one out of Southern Illinois challenging the federal mandate that employers must provide contraceptives to employees despite religious objections, the 7th Circuit Court of Appeals granted an injunction Wednesday.
Governor appoints Bonaventura as DCS head
Gov. Mike Pence named Lake Superior Juvenile Senior Judge Mary Beth Bonaventura as director of the Department of Child Services Wednesday.
Opinions Jan. 30, 2013 ILD
Indiana Court of Appeals
Jill R. Kincer v. State of Indiana (NFP)
36A01-1207-CR-324
Criminal. Affirms revocation of probation.
David Arndell v. State of Indiana (NFP)
82A04-1206-CR-333
Criminal. Affirms conviction of Class D felony theft and 20-month sentence.
John D. Rogers v. State of Indiana (NFP)
88A01-1208-PC-373
Post conviction. Affirms denial of petition for post-conviction relief.
Kerry L. Williams v. State of Indiana (NFP)
20A03-1111-PC-519
Post conviction. Affirms denial of petition for post-conviction relief.
Demetrius Walker v. State of Indiana (NFP)
49A04-1205-CR-380
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
James A. Crouch v. State of Indiana (NFP)
53A05-1208-CR-417
Criminal. Affirms sentence following finding that Crouch violated several conditions of a drug treatment program.
Monique Rowe v. State of Indiana (NFP)
49A05-1204-JM-165
Juvenile. Affirms conviction of Class B misdemeanor failure to ensure school attendance.
Fernando Seba v. State of Indiana (NFP)
49A02-1207-CR-556
Criminal. Affirms convictions of Class A felony child molesting and two counts of Class C felony child molesting.
Noah Shane Warren v. State of Indiana (NFP)
63A01-1204-CR-165
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony neglect of a dependent as well as a habitual offender enhancement, but reverses conviction of Class D felony maintaining a common nuisance.
Michael Ramos v. Robertson's Apartments (NFP)
71A03-1203-SC-107
Small claim. Grants petition for rehearing to address a point Ramos raises regarding waiver for damages in excess of the small claims jurisdictional limit and affirms original decision in all respects.
Hobert Pittman v. State of Indiana (NFP)
31A01-1204-PC-158
Post conviction. Affirms denial of petition for post-conviction relief.
Kindred Nursing Centers, LTD Partnership d/b/a Wedgewood Healthcare v. Linda Davis (NFP)
93A02-1207-EX-553
Agency action. Affirms Worker’s Compensation Board’s determination that Davis’ injury arose out of her employment.
The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline. The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.
Opinions Jan. 30, 2013
Indiana Court of Appeals
Peter F. Amaya v. D. Craig Brater, M.D., in his capacity as Dean and Director of Indiana University School of Medicine; The Board of Trustees of Indiana University; et al.
49A04-1204-PL-208
Civil plenary. Affirms summary judgment in favor of the medical school on Amaya’s claims including breach of contract and breach of good faith and fair dealing after he was dismissed from the school. Amaya didn’t designate evidence that the school’s decision was in bad faith, arbitrary or capricious.
Judges rule on ‘contentious’ child support dispute, again
For the second time, a “contentious” child support dispute has come before the Indiana Court of Appeals. The judges upheld most of the obligations imposed on the father but ordered the trial court to use a different income allocation factor regarding certain bonuses.
COA reverses former principal’s conviction for failing to immediately report student’s alleged rape
A split Indiana Court of Appeals decided Wednesday that former Muncie Central High School principal Christopher Smith’s Class B misdemeanor conviction for failure to immediately report child abuse or neglect should be tossed out.
Supreme Court vacates transfer in bond case
The Indiana Supreme Court issued an order Monday vacating transfer to a case it accepted in October.
Defense attorneys in Bales case trash former co-defendant
Indianapolis attorney and developer Paul J. Page is no longer a co-defendant in the fraud trial of real estate broker John M. Bales and a partner after agreeing to a plea deal, but you wouldn't know it from the action Tuesday in the U.S. District Court for the Northern District of Indiana.
Justices accept, rule on 1 case on transfer
The Indiana Supreme Court took just one case last week and issued its decision on the matter the same day.
Senate panel advances DCS oversight measure
A proposed commission that grew from a study committee examining problems at the Department of Child Services cleared the Senate Judiciary Committee Wednesday.
Indiana authors 2 amicus briefs in same-sex cases before SCOTUS
The issue of same-sex marriage is before the Supreme Court of the United States, and Indiana has authored one amicus brief and co-authored another arguing that the states should be able to define marriage.
Student kicked out of IU medical school loses on breach of contract claim
An Ohio man who was in his third year at Indiana University School of Medicine when he was dismissed for allegedly cheating couldn’t convince the Indiana Court of Appeals to overturn summary judgment for the school on his breach of contract claim.
Setting it straight
The Jan. 25 and Jan. 29 issues of IL daily reported that John Maciejczyk interviewed for the St. Joseph Superior Court vacancy and Andrew Straw had to cancel his interview. Maciejczyk did not interview and had to withdraw his application, and Straw did interview.
Bales defense: Elkhart deal was a ‘scheme to help’
Facing a looming deadline to find suitable office space for the state Department of Child Services and the prospect that abused or neglected children in Elkhart County could go without services, real estate broker John M. Bales and partner Bill Spencer in 2008 dipped into their own pockets to help close a difficult lease deal, their defense attorneys contend.