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The state didn’t provide sufficient evidence to support convictions of Class D felony strangulation and domestic battery, the Indiana Court of Appeals held Tuesday. The court did order the domestic battery conviction entered as a Class A misdemeanor.
The Indiana Court of Appeals has reversed Paul Henry Gingerich’s conviction of Class A felony conspiracy to commit murder, finding the Kosciusko juvenile court abused its discretion in denying the then-12-year-old’s request for a continuance of a waiver hearing.
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The Indiana Supreme Court let stand a ruling by the Court of Appeals allowing blood test results to be admitted in the drunken driving fatality trial of Indianapolis Metropolitan Police Department officer David Bisard.
For-publication decisions issued today are detailed in the stories above. The Indiana Supreme Court and Tax Court released no opinions and the 7th Circuit Court of Appeals released no Indiana opinions Monday.
Indiana Court of Appeals
Darrell Woodruff v. State of Indiana (NFP)
49A02-1203-CR-247
Criminal. Affirms convictions of Class D felony criminal recklessness and Class A misdemeanor resisting law enforcement.
Term. of the Parent-Child Rel. of A.R., et al. (Minor Children); and T.M. (Mother) v. The Indiana Dept. of Child Services (NFP)
52A02-1205-JC-388
Juvenile. Affirms finding that the four minor children were children in need of services.
Henry Lee Smith, Jr. v. State of Indiana (NFP)
71A03-1204-CR-148
Criminal. Affirms conviction of Class B felony battery.
In Re: the Paternity of E.M.T.; C.J.G. v. M.C.T. (NFP)
48A02-1203-JP-260
Juvenile. Affirms denial of father’s request to change E.M.T.’s surname.
Darnell C. Miller, Sr. v. State of Indiana (NFP)
02A05-1110-PC-703
Post conviction. Affirms denial of petition for post-conviction relief.
Paul Jackson v. State of Indiana (NFP)
48A05-1205-CR-223
Criminal. Affirms sentence following guilty plea to Class C felony robbery.
Stacey Huddleston, Jr. v. State of Indiana (NFP)
20A03-1204-CR-152
Criminal. Affirms conviction and sentence for murder.
Guardianship of L.R.T. and A.J.B.; R.L. and P.L. (Guardians) v. A.B. and R.B. (Parents)
39A04-1208-GU-398
Guardianship. Affirms order terminating guardianship of L.T. and A.J.B. upon the motion of mother A.B.
The following opinion was posted after IL deadline Friday.
Indiana Tax Court
Miller Pipeline Corporation v. Indiana Dept. of State Revenue (NFP)
49T10-1012-TA-64
Tax. Denies Department of State Revenue’s motion for summary judgment on Miller Pipeline Corp.’s appeal of the department’s final determination denying its claim for refund of gross retail (sales) and use tax paid between 2005 and 2007.
Indiana Court of Appeals
David Vance v. Francisco Lozano, et al.
02A03-1203-SC-142
Small claim. Reverses judgment in favor of Rock Solid and Lozano on Vance’s breach of contract claim. Finds the parties entered into an enforceable settlement agreement.
The Indiana Court of Appeals reversed a small claims judgment in favor of a concrete company regarding whether the company had to follow through on replacing a driveway for a customer who was unhappy with the work a year later.
The Indiana Court of Appeals upheld the denial of LaPorte Community School Corp.’s athletic director Edward Gilliland’s attempt to dismiss two counts of misdemeanor failure to report child abuse filed against him. The charges stem from the conduct of LaPorte High School’s junior volleyball coach Robert Ashcraft.
Chief Justice Brent Dickson has appointed Justices Steven David and Loretta H. Rush to serve as the Indiana Supreme Court’s liaison representatives to the Court Improvement Program executive committee.
Attorney General Greg Zoeller’s office announced late Friday that Indiana will likely participate in some way in the California case involving the definition of marriage that the U.S. Supreme Court accepted Dec. 7.
The Indiana Court of Appeals issued a 20-page order Dec. 7 outlining why Judges Edward Najam and Elaine Brown dismissed The Indianapolis Star’s latest appeal against having to release the name of an online commenter to the plaintiff in a lawsuit.
A Marion County man had his conviction overturned after the Indiana Court of Appeals found a social worker’s statements about his age were hearsay because they were not made specifically for a medical purpose.
A civil judgment in favor of a woman who claimed her ex-husband battered her and forged her name on a quitclaim deed was vacated Friday. A Court of Appeals panel ruled that evidence of the ex-husband’s criminal convictions from the 1980s were prima facie error.
The majority on the Indiana Court of Appeals affirmed the trial court’s ruling in favor of a leasing company on a suit brought by the homeowners after the lessees failed to pay their rent.
For publication opinions are detailed in the stories above. The 7th Circuit Court of Appeals and Indiana Supreme Court and Tax Court released no opinions by IL deadline.
Indiana Court of Appeals
Brenda Varo v. State of Indiana (NFP)
49A05-1203-CR-144
Criminal. Affirms convictions of Class C felony conspiracy to commit battery and Class D felony criminal gang activity.
In Re the Marriage of Lisa L. Shisler and Ned L. Shisler; Ned L. Shisler v. Lisa L. Shisler (NFP)
57A03-1109-DR-450
Domestic relation. Reverses distribution of marital estate and remands for further proceedings.
Vickie Jessie v. State of Indiana (NFP)
49A02-1205-CR-413
Criminal. Affirms conviction of Class A felony criminal deviate conduct and order that Jessie pay $2,090 in restitution to her victim.
Michael R. Krohn v. State of Indiana (NFP)
45A03-1203-CR-131
Criminal. Affirms sentence for Class D felony operating a motor vehicle while intoxicated causing serious bodily injury.
Quinn Nelson v. State of Indiana (NFP)
49A04-1203-CR-145
Criminal. Affirms conviction of Class A felony attempted murder and adjudication as a habitual offender.
Anthony White v. State of Indiana (NFP)
49A02-1204-CR-321
Criminal. Affirms convictions of Class D felony attempted theft and Class A misdemeanor criminal trespass.
Deandre L. Mathews v. State of Indiana (NFP)
49A02-1205-CR-416
Criminal. Affirms conviction of Class B felony burglary.
Andrea Averitte v. State of Indiana (NFP)
49A02-1203-CR-251
Criminal. Affirms conviction of Class C felony forgery.
Michael McClellan v. State of Indiana (NFP)
02A03-1204-CR-180
Criminal. Affirms sentence following conviction of two counts of Class C felony stalking.
Indiana Court of Appeals
Terry L. Brown v. Tammy S. Brown
77A01-1204-PL-180
Civil plenary. Reverses civil judgment in favor of Terry Brown’s ex-wife. The trial court abused its discretion when it admitted evidence regarding criminal offenses he committed more than 20 years ago. Remands for further proceedings.
A divided Court of Appeals upheld a man’s possession of marijuana conviction that stemmed from a 911 call. Dissenting Judge James Kirsch doesn’t believe that the providing of a name by a 911 caller removes this case from the category of an anonymous caller, thus the call doesn’t give police enough evidence to stop the car the defendant was in.
Marion Superior Judge Grant Hawkins has ordered the trial for Indianapolis Metropolitan Police Officer David Bisard moved from the Indianapolis media market because of publicity surrounding the fatal accident involving the officer in 2010.
The stories above detail the for-publication Indiana Court of Appeals decisions released today. The Indiana Supreme Court and Tax court release no decisions, and 7th Circuit Court of Appeals released no Indiana decisions, prior to IL deadline.
Indiana Court of Appeals
In Re: The Adoption of K.H.: S.H. (Mother) v. W.B. and B.B. (Guardians) (NFP)
59A01-1205-AD-212
Adoption. Affirms denial of motion to correct error, which challenged the adoption of K.H.
Toni Cox v. State of Indiana (NFP)
49A02-1205-CR-367
Criminal. Affirms conviction of disorderly conduct.
Hugh Z. Nelson v. Renee Burtin (NFP)
45A03-1111-DR-576
Domestic relation. Dismisses appeal of the disposition of the marital assets.
Andra Dossey v. State of Indiana (NFP)
27A04-1204-CR-175
Criminal. Affirms order Dossey serve his entire previously suspended sentence after his probation was revoked.
Steven Kamp v. State of Indiana (NFP)
66A05-1109-PC-485
Post conviction. Grants rehearing to clarify certain factual assertions made in the original opinion and reaffirms in all respects.
Indiana Court of Appeals
Connie Yates, Rick Yates, Jason Tibbs, and Pauline Tibbs v. Levi Wayne Kemp
50A04-1204-CT-192
Civil tort. Reverses grant of partial summary judgment to Kemp on the Yateses’ and Tibbses’ claims for nuisance. Based on the plain language of I.C. 14-22-31.5-6 and its context in the act as a whole, Kemp is not shielded by section 6 from liability related to his neighbors’ nuisance claims arising from noise pollution. There is also a material fact as to whether Kemp has caused his neighbors to experience inconvenience, annoyance or discomfort.