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Indiana Court of Appeals
Term. of the Parent-Child Rel. of: C.A. & Z.A. (Minor Children), and H.A. (Father) v. The Indiana Dept. of Child Services (NFP)
41A04-1205-JT-407
Juvenile. Affirms termination of father’s parental rights.
The 7th Circuit Court of Appeals released no Indiana opinions prior to IL deadline. The Indiana Supreme Court and Tax Court released no opinions prior to IL deadline.
Indiana Court of Appeals
Term. of the Parent-Child Rel. of: C.A. & Z.A. (Minor Children), and H.A. (Father) v. The Indiana Dept. of Child Services (NFP)
41A04-1205-JT-407
Juvenile. Affirms termination of father’s parental rights.
The Indiana General Assembly convenes for the 2013 legislative session today with a new governor, many first-time legislators and a Republican supermajority in both the House of Representatives and the Senate.
A patent infringement case involving a Knox County soybean farmer and an international seed producer will be argued Feb. 19 before the Supreme Court of the United States.
Four months after the Indiana Judicial Qualifications Commission filed charges against St. Joseph Probate Judge Peter Nemeth, the JQC and the judge have agreed to a private reprimand.
Indiana Court of Appeals
Rori Property Holdings, LLC, et al. v. McCullough Construction Company, Inc. (NFP)
29A02-1204-PL-325
Civil plenary. Affirms trial court judgment in favor of McCullough Construction on its after-recorded mechanic’s lien and dismisses Rori Property’s appeal of judgment as it’s untimely and also dismisses appeal of denial of motion for relief from judgment.
Sherry K. Kohues v. State of Indiana (NFP)
30A04-1208-CR-393
Criminal. Affirms revocation of probation and remands for an amendment of the abstract of judgment to reflect good time credit.
Ricky J. Gellinger v. State of Indiana (NFP)
48A04-1204-CR-200
Criminal. Affirms revocation of probation.
Indiana Court of Appeals
State of Indiana v. Daniel E. Riley
78A05-1206-CR-311
Criminal. Reverses dismissal of Class B misdemeanor battery charges. Because the information was proper even with Indiana Gaming Agent Audrey Smoot as an affiant, and because there appears to have been no other basis for the dismissal (other than possibly a mistaken belief that an unauthorized investigation would affect the information), the trial court abused its discretion in granting the dismissal.
Calling it a “good first step” for school safety, Indiana Attorney General Greg Zoeller outlined a proposed bill that would create a uniform standard for the school resource officers.
Indianapolis attorney and developer Paul J. Page has agreed to cooperate with federal prosecutors in an investigation that also targets former Marion County Prosecutor Carl Brizzi.
The Indiana Court of Appeals found a Switzerland Circuit Court had no grounds to dismiss the information against a man charged with misdemeanor battery after jabbing the shoulder of a pit boss at Belterra Casino.
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions by IL deadline.
7th Circuit Court of Appeals
United States of America v. Juan Ramirez-Fuentes
12-1494
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Criminal. Affirms convictions and 295-month sentence for possession with the intent to distribute 500 grams or more of methamphetamine and possessing firearms in furtherance of a drug-trafficking crime. Finds no plain error in admitting testimony about the possession of firearms, but testimony classifying the drug as “Mexican” methamphetamine shouldn’t have been allowed. Finds judge considered family situation when sentencing Ramirez-Fuentes.
Even though the 7th Circuit Court of Appeals was “disturbed” by a government agent’s improperly admitted testimony linking a defendant’s Mexican nationality to the methamphetamine at issue, the court declined to grant a new trial.
Indiana Attorney General Greg Zoeller announced Wednesday that he has filed lawsuits against three contractors doing business in Indiana that didn’t perform work as promised or misrepresented the urgency of needed repairs.
Indiana Chief Justice Brent Dickson implored litigants to resolve a lawsuit over the collection of fines levied on House Democrats who walked out of the Legislature in 2011 and 2012.
A lack of basic treatment for mentally ill Indiana Department of Correction inmates held in isolation violates the U.S. Constitution’s Eighth Amendment prohibition of cruel and unusual punishment, a federal judge ruled Monday.
The Indiana Supreme Court has reversed an order it issued Monday that prevented an appellant from bringing in a utility truck bucket to arguments scheduled Thursday.
No Indiana Court of Appeals, Indiana Supreme Court or Indiana Tax Court opinions were released on Wednesday. No Indiana opinions were released before IL deadline Wednesday by the 7th Circuit Court of Appeals.
Dec. 31, 2012
Indiana Court of Appeals
Albert Jackson Counce v. State of Indiana (NFP)
15A05-1206-CR-29
Criminal. Affirms 20-year sentence for conviction of Class B felony robbery resulting in injury.
In Re the Paternity of Z.H.; S.E. v. C.H. (NFP)
82A05-1205-JP-257
Juvenile/parenting. Dismisses appeal of order for parties to participate in treatment, counseling and therapy.
Dandre Matlock v. State of Indiana (NFP)
79A02-1205-CR-465
Criminal. Affirms convictions of dealing and possession of marijuana and cocaine, maintaining a common nuisance and two counts of neglect of a dependent.
Roy G. Lewis v. State of Indiana (NFP)
43A05-1207-CR-347
Criminal. Affirms revocation of probation and execution of suspended sentence for Class D felony operating a vehicle while intoxicated.
Damon Gee v. State of Indiana (NFP)
27A02-1203-CR-257
Criminal. Affirms convictions of Class B felony possession of a firearm by a serious violent felon and Class D felony possession of a stolen vehicle.
In the Matter of the Term. of the Parent-Child Rel. of A.D.; and M.D. v. Indiana Dept. of Child Services (NFP)
71A03-1204-JT-204
Juvenile. Affirms termination of parental rights.
Micha Seymour v. State of Indiana (NFP)
49A02-1206-CR-489
Criminal. Affirms in part, reverses in part and remands with instructions to vacate a habitual offender adjudication and vacate the 30-year sentence enhancement on a conviction of attempted murder.
Arthur J. Bryant v. State of Indiana (NFP)
31A04-1109-PC-542
Post-conviction relief/rehearing. Reaffirms denial of post-conviction relief.
In Re the Paternity of K.H., S.E. v. C.H. (NFP)
82A01-1205-JP-222
Juvenile. Dismisses appeal of order that parties participate in treatment, counseling and therapy.
Roy Bessler v. State of Indiana (NFP)
15A04-1201-CR-37
Criminal. Affirms conviction and 30-year sentence on two counts each of Class A and Class B felony dealing in cocaine.
George R. Clark v. State of Indiana (NFP)
59A05-1205-CR-253
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Francis McDonnell, M.D. v. Stacy Wissel, as Trustee of the Bankruptcy Estate of Roy L. Harris and Anita K. Harris (NFP)
82A04-1202-CT-56
Civil tort. Affirms trial court determination of liability and interest but reverses prejudgment interest award.
James L. Morgan v. State of Indiana (NFP)
88A01-1206-CR-254
Criminal. Affirms trial court order imposing sanctions after revocation of probation.
Kimberly A. Harrison and Christine G. Portell v. Yale Rice, III, as Trustee of the Yale Rice, Jr. Living Trust, et al. (NFP)
06A01-1203-TR-126
Trust. Affirms trial court approval of final accounting and finding of no breach of fiduciary duty by the trustee.
Paulette Petkovich, et al. v. Prime Contractors Co., Inc. (NFP)
64A03-1203-MF-102
Mortgage foreclosure/rehearing. Affirms prior ruling in all respects, again denying Prime’s request for appellate attorney fees.
Joseph Ward v. State of Indiana (NFP)
89A01-1206-CR-277
Criminal. Affirms 34-year sentence for convictions of Class A felony child molestation and Class C felony child exploitation.
Joseph Rushing v. State of Indiana (NFP)
27A02-1201-PC-91
Post-conviction relief. Affirms denial of post-conviction relief on child molestation convictions.
Job Steel Corp, and Lisco, Inc. v. Board of Zoning Appeals of the Town of Burns Harbor and the Plan Commission of the Town of Burns Harbor (NFP)
64A05-1205-PL-245
Civil plenary. Affirms the Board of Zoning Appeals’ denial of an application for a special exception to operate a truck terminal.
Marvin Dewayne Davey v. State of Indiana (NFP)
10A01-1205-CR-229
Criminal. Affirms revocation of probation and order Davey serve remainder of sentence in the Department of Correction.
Joseph Laich, III v. State of Indiana (NFP)
45A03-1205-CR-206
Criminal. Affirms conviction of Class B felony aggravated battery.
T.S. v. State of Indiana (NFP)
49A04-1204-JV-213
Juvenile. Affirms commitment of T.S. to the Department of Correction for an indeterminate time at a juvenile correctional facility after adjudication as a delinquent for an act that would be Class C felony battery with a deadly weapon if committed by an adult.
Ronald Rostochak v. State of Indiana (NFP)
92A05-1112-CR-688
Criminal. Affirms conviction and sentence of 25 years executed for a conviction of Class A felony child molestation.
Jason Castillo v. State of Indiana (NFP)
34A04-1204-CR-212
Criminal. Affirms conviction and six-year sentence for convictions of Class C felony operating a motor vehicle after lifetime suspension and Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of at least 0.15 percent.
Bradley C. Taylor v. State of Indiana (NFP)
35A02-1204-CR-348
Criminal. Affirms conviction of Class C felony child molestation.
Shawn D. Jaco v. State of Indiana (NFP)
82A01-1203-CR-104
Criminal. Affirms convictions of Class B felony aggravated battery and Class C felony criminal confinement.
Demaris Snyder Wehr, Timothy John Snyder, Terence Glen Snyder and Daniel Owen Snyder v. Thomas Price, II, individually and as the named executor of the estate of Nilah Snyder, et al. (NFP)
89A04-1202-PL-76
Civil plenary. Affirms trial court judgment on pleadings concluding that beneficiaries had not breached any contract or tortiously interfered with any inheritance.
Townsend H. Porter, Jr., Townsend Porter Revocable Trust, and Brian H. Merritt v. 1st Source Bank (NFP)
71A03-1205-CC-236
Civil collection. Affirms trial court’s denial of Porter’s request for exemption from proceedings supplemental.
Indiana Court of Appeals
Indiana Public Employee Retirement Fund v. Paul Bryson
49A04-1201-MI-2
Miscellaneous. Affirms original opinion that Bryson’s on-duty injury was a “covered impairment” making him eligible for Class 1 impairment disability benefits even though he had a pre-existing condition.
A driver whose conduct was “clearly blameworthy” had his conviction overturned after the Indiana Court of Appeals found the state’s evidence did not prove beyond a reasonable doubt that the driver knew his license was suspended.