Judges uphold sentence, but revise original opinion
The Indiana Court of Appeals granted a defendant and the state’s petitions for rehearing a case involving a plea agreement in order to correct a misstatement of the law.
Home » Search
Search Results
7222 results for 'articles'
To refine your search through our archives use our Advanced Search
7th Circuit reverses dismissal of prisoner’s suit
A lawsuit filed by a prisoner at the Pendleton Correctional Facility against two prison doctors and a nurse after he learned he had prostate cancer is allowed to continue after the 7th Circuit Court of Appeals reversed the dismissal of his suit.
Right to hunt amendment hearing Monday
The Senate Agriculture and Natural Resources Committee will hear Senate Joint Resolution 7 Monday, which looks to add to the Indiana Constitution the right to hunt and fish.
House Judiciary Committee to look at foreclosure fee, privacy issues
At Monday’s House Judiciary Committee, members will discuss three bills, including one that requires a court clerk to collect a $50 mortgage foreclosure counseling and education fee in certain cases.
Opinions Jan. 31, 2013 ILD
Indiana Court of Appeals
Reuban L. Strong, Jr. v. State of Indiana (NFP)
84A01-1205-CR-235
Criminal. Affirms revocation of placement in work release.
Joseph J. Rheubottom, Jr. v. State of Indiana (NFP)
84A01-1205-CR-244
Criminal. Affirms sentence following guilty plea of Class B felony neglect of a dependent.
Bernard Carter, Prosecuting Attorney, Lake County, John Buncich, Sheriff of Lake County, and Indiana Dept. of Correction v. Tim J. Hurd (NFP)
45A04-1206-PL-302
Civil plenary. Affirms grant of injunction enjoining the Department of Correction, Lake County sheriff and Lake County prosecutor from requiring Hurd to continue registering as a sex offender.
Schwala M. Royal v. State of Indiana (NFP)
02A03-1206-CR-292
Criminal. Affirms conviction and sentence for Class D felony prostitution as well as revocation of probation.
In Re the Termination of the Parent-Child Rel. of N.W. and D.W. v. Indiana Department of Child Services (NFP)
49A02-1206-JT-480
Juvenile. Affirms involuntary termination of parental rights.
Marvin Willis v. State of Indiana (NFP)
82A01-1206-CR-273
Criminal. Affirms two convictions of Class A misdemeanor driving while suspended.
Steve Pigg v. State of Indiana (NFP)
52A05-1205-CR-318
Criminal. Affirms denial of motion to correct erroneous sentence.
Michael A. O'Brien v. State of Indiana (NFP)
65A01-1205-CR-220
Criminal. Affirms conviction of Class B felony attempted rape.
Brian Buffington v. State of Indiana (NFP)
45A05-1206-CR-297
Criminal. Affirms conviction of Class A felony robbery.
In Re the Involuntary Termination of the Parent-Child Rel. of S.F.; C.P. v. The Indiana Dept. of Child Services (NFP)
02A03-1206-JT-275
Juvenile. Affirms involuntary termination of parental rights.
Edmond MIller v. State of Indiana (NFP)
49A02-1108-CR-721
Criminal. Reverses conviction of Class B misdemeanor disorderly conduct.
Joey Saylor v. State of Indiana (NFP)
58A01-1206-CR-269
Criminal. Affirms order revoking probation and order that Saylor serve remaining two years of previously suspended sentence.
Richard Keith Lazur v. State of Indiana (NFP)
45A04-1207-CR-358
Criminal. Affirms conviction of Class D felony attempted residential entry.
Jovan Fitzhugh v. State of Indiana (NFP)
02A03-1206-CR-255
Criminal. Affirms conviction of Class B felony sexual misconduct with a minor and orders the trial court to vacate the Class C felony sexual misconduct with a minor conviction.
Melvin Sanders v. State of Indiana (NFP)
02A03-1206-CR-262
Criminal. Affirms 60-year sentence for murder.
Dustin L. Grissom v. State of Indiana (NFP)
11A01-1207-CR-301
Criminal. Affirms sentence for Class C felony battery resulting in bodily injury to a pregnant woman and three counts of Class A misdemeanor domestic battery.
Darrol Fox v. State of Indiana (NFP)
49A02-1206-CR-475
Criminal. Affirms denial of motion to suppress evidence.
Keith A. Harlow v. State of Indiana (NFP)
06A01-1206-PC-296
Post conviction. Affirms denial of petition for post-conviction relief.
Torrey Pargo v. State of Indiana (NFP)
49A05-1207-CR-351
Criminal. Affirms sentence for Class D felony intimidation.
Toby Webster v. State of Indiana (NFP)
49A02-1206-CR-522
Criminal. Affirms conviction of Class D felony attempted auto theft and adjudication as a habitual offender.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of V.M. and M.A. v. Indiana Department of Child Services (NFP)
45A03-1205-JT-221
Juvenile. Affirms termination of parental rights.
French Tibbs v. State of Indiana (NFP)
49A02-1205-CR-438
Criminal. Affirms convictions of Class A misdemeanors resisting law enforcement and possession of marijuana.
The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline. The Indiana Supreme Court and Tax Court did not post any decisions by IL deadline.
Opinions Jan. 31, 2013
Indiana Court of Appeals
Mark S. Weinberger, M.D., et al. v. Gloria Gill
45A05-1203-CT-107
Civil tort. Affirms award of $150,000 in damages to Gloria Gill following her medical malpractice action. Concludes that the testimony concerning Weinberger’s odd behavior before his flight from the country was relevant evidence because it established an inference of consciousness of guilt.
Fraudulent concealment tolls Wrongful Death Act’s limitations period
The Wrongful Death Act’s two-year limitations period is tolled by fraudulent concealment, and plaintiffs whose wrongful death claims have been fraudulently concealed beyond the act’s limitations period have a full two years after the concealment is or should be discovered with reasonable diligence to file their claims, the Indiana Court of Appeals held in a case of first impression.
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.
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.