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The Indiana Court of Appeals has blocked a court order requiring The Indianapolis Star to disclose the name of an online commenter and will hear further arguments on the matter Tuesday morning.
A judge who ruled against opponents of the conversion of a former coal-fired energy plant in Jasper abused her discretion on a series of matters, the Indiana Court of Appeals held Monday in reversing a bench trial that found for the city.
Following are non-for-publication opinions issued prior to IL deadline. For-publication opinions issued are detailed in the stories above.
Indiana Court of Appeals
Sharmain J. Smith v. State of Indiana (NFP)
02A03-1204-CR-174
Criminal. Affirms conviction of illegal possession of a firearm by a serious violent felon.
Roosevelt D. Brooks v. State of Indiana (NFP)
48A02-1205-PC-375
Post-conviction relief. Affirms denial of post-conviction relief.
Mattie A. Tedrow and Mary L. Pierson v. Coyeville Belcher as Personal Rep. of the Estate of Everett D. Belcher, Jr.; and Lynn R. Belcher (NFP)
59A01-1204-EU-196
Estate/unsupervised. Affirms trial court decision to uphold the will of Tedrow and Belcher’s father.
William Emry v. State of Indiana (NFP)
27A03-1204-CR-274
Criminal. Affirms revocation of probation.
BCC Products, Inc. and Roger Brunette, Jr. v. Roger Brunette, Sr., and Pauline Brunette (NFP)
41A01-1201-CC-28
Collections. Affirms trial court decision in favor of defendants.
Albert Lindsey v. State of Indiana (NFP)
49A02-1204-CR-333
Criminal. Affirms conviction and enhancement of a count of trespassing from a Class A misdemeanor to a Class D felony.
Bernard Simmons v. State of Indiana (NFP)
45A04-1203-CR-104
Criminal. Affirms six-year sentence for Class C felony criminal confinement.
Jerry Kaiser, Jr. v. State of Indiana (NFP)
82A01-1203-CR-124
Criminal. Affirms convictions of Class B felony dealing methamphetamine and Class D felony possession of methamphetamine.
Michael Ramos v. Robertson's Apartments (NFP)
71A03-1203-SC-107
Small claims. Affirms trial court denial of request for appointment of guardian ad litem and request for damages in excess of the small claims jurisdictional maximum.
Indiana Court of Appeals
Marybeth Lebo v. State of Indiana
46A05-1202-CR-104
Criminal. Affirms trial court’s judgment in denying motion to dismiss charges of failure to report child abuse or neglect. Lebo argued the charges were not permissible because they came after the statute of limitations had passed but the COA disagreed, finding the Legislature’s intent was to make the failure to report a continuing offense. Otherwise, the court stated, the duty to report would be limited to the day on which the individual comes to believe abuse is taking place.
A high school coach’s failure to report child abuse is a continuing offense to which the statute of limitations does not apply, the Indiana Court of Appeals ruled.
An estate that purchased a foreclosed house at a sheriff’s sale established an equitable lien through which it was entitled to collect proceeds in the event of an insured loss, the Indiana Court of Appeals ruled Friday.
A department store chain failed to persuade the Indiana Court of Appeals to reverse a trial court’s dismissal of a lawsuit it filed against a developer and two public Vanderburgh County entities.
Two victims who received restitution judgments of $3.367 million and $965,827 must prove the defendant convicted of multiple federal child pornography counts uploaded images of them.
Indiana Court of Appeals
Kurt E. Hinkle v. State of Indiana (NFP)
12A05-1204-CR-199
Criminal. Affirms conviction of two counts of Class B felony sexual misconduct with a minor.
Jeffery Evans v. State of Indiana (NFP)
49A05-1203-CR-115
Criminal. Affirms conviction of four counts of Class C felony child molesting.
Term. of the Parent-Child Rel. of: B.T. (Minor Child), and B.J.T. (Father) v. The Indiana Dept. of Child Services (NFP)
79A05-1107-JT-710
Juvenile/termination of parental rights. Affirms termination of parental rights.
Indiana Court of Appeals
Derek Asklar and Pauline Asklar v. David Gilb, Paul Garrett Smith d/b/a P.H. One Trucking, Empire Fire and Marine Ins. Co., d/b/a Zurich; Travelers Ideminity Co. of America
02A03-1204-CT-170
Civil tort/insurance. Affirms in part and reverses in part the trial court’s grant of summary judgment in favor of Empire, holding that Indiana law rather than Georgia law should apply in the case, but determining that Empire’s uninsured/underinsured motorist coverage limit is still only $75,000, as the trial court ruled.
The stop, search and subsequent discovery of drugs violated the Fourth Amendment’s protection against unreasonable searches even though the police officer was off duty at the time of the incident, the Indiana Court of Appeals has ruled.
Judges in three Indiana courts will observe National Adoption Day on Friday by presiding over several uncontested adoptions and opening their courtrooms for media coverage of the events.
A mother who used methamphetamine while pregnant and continued to abuse drugs after her children were judged in need of services was properly denied parental rights, as was the children’s often-absent father, the Indiana Court of Appeals ruled Thursday.
Nearly all federal court filings in the Southern District will have to be done electronically under local rule changes proposed for the U.S. District Court for the Southern District of Indiana.
A trial court erroneously applied Georgia law in a lawsuit brought by a truck driver injured in a collision in West Virginia, but correctly applied Indiana law yielded the same result, the Indiana Court of Appeals ruled Thursday.
Opinions issued by the 7th Circuit Court of Appeals and Indiana Court of Appeals are detailed in the stories above. No not-for-publication opinions were issued prior to IL deadline.
Indiana Court of Appeals
John Fox v. Nichter Construction Co., Inc.
03A01-1202-SC-52
Small claims/wages. Affirms in part, reverses in part and remands in part the dismissal of Fox’s wage claim with prejudice and orders the court to enter a dismissal of the claim with prejudice. A divided appeals court held that the trial court erred in dismissing the complaint because it lacked subject matter jurisdiction because Fox had pursued his claim through the Department of Labor under the Wage Claim statute before filing suit. The appeals court ordered the trial court to dismiss the case without prejudice for failure to state a claim upon which relief can be granted, including the failure to name the real party in interest. Fox may refile his claim setting forth the reassignment by the Department of Labor.
The 7th Circuit Court of Appeals in Chicago has granted class certification to owners of odor-emitting Kenmore washers, allowing their lawsuit against Sears, Roebuck and Co. to go forward.
The Indiana state senator who sponsored a law that aims to protect minors from arrest when they seek medical attention for alcohol-related emergencies is joining Indiana Attorney General Greg Zoeller in spreading the word on college campuses.
A convicted child molester’s argument that the trial court abused its discretion by admitting during sentencing the testimony of two other alleged victims was rejected by the Indiana Court of Appeals. The court described the appellant’s contention as “pure conjecture supported by nothing in the record.”