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A Jasper County mother was denied due process when her children were allowed to be adopted while the birth mother’s appeal of her termination of parental rights was pending, the Indiana Court of Appeals ruled Friday.
Fifty-eight percent of registered Indiana voters cast ballots in the Nov. 6 general election – the same percentage as in 2004 but a decline from the 2008 vote, when 62 percent of Hoosiers voted.
An Illinois couple has been indicted in federal court on charges that include harboring illegal immigrants at a restaurant they operate in northwestern Indiana.
The for-publication decision released by the Indiana Court of Appeals is detailed in a story above. The 7th Circuit Court of Appeals, Indiana Supreme Court and Tax Court did not post any opinions by IL deadline.
Indiana Court of Appeals
Miles Ogea d/b/a Mo Auger Investments and Mo's Tavern v. Karamesines Credit Shelter Trust (NFP)
18A04-1206-CT-288
Civil tort. Affirms ruling that Ogea has a duty to indemnify the second trust pursuant to the lease agreement between Ogea and the trust.
H. Wayne Burnett, M.D. v. Pamela A. Burnett, M.D. (NFP)
29A02-1203-DR-180
Domestic relation. Affirms valuation of Dr. H. Wayne Burnett’s partnership interest in a medical practice and the award of expert witness fees to Dr. Pamela A. Burnett. Affirms unequal division of the marital estate.
Richard A. Childress, Jr. v. State of Indiana (NFP)
45A03-1206-PC-246
Post conviction. Affirms denial of petition for post-conviction relief.
Term. of the Parent-Child Rel.of: M.M. (Minor Child), and S.H. (Mother) v. The Indiana Dept. of Child Services (NFP)
85A02-1204-JT-323
Juvenile. Affirms involuntary termination of parental rights.
Corbin Bardonner v. State of Indiana (NFP)
49A05-1205-CR-231
Criminal. Affirms conviction and sentence for Class A felony child molesting.
Jamey Taskey v. State of Indiana (NFP)
67A01-1204-CR-164
Criminal. Affirms conviction of Class D felony neglect of a dependent.
David S. Healey v. State of Indiana (NFP)
33A04-1202-MI-107
Miscellaneous. Affirms denial of verified petition to remove designation as offender.
Vickie Fenoglio, as Personal Representative of the Estate of Paul Fenoglio, Deceased v. Gregory Brock, D.O. (NFP)
84A04-1202-PL-59
Civil plenary. Affirms summary judgment for Dr. Gregory Brock.
Timothy J. Gilbert v. State of Indiana (NFP)
62A01-1205-PC-213
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Court of Appeals
Terry and Laura Wagler, Larry and Jennifer Wagler, Norman Wagler, and Janet and Nathan Wagler v. West Boggs Sewer District Inc.
14A01-1109-PL-427
Civil plenary. Affirms denial of the Waglers’ motions for relief from judgment pursuant to Ind. Trial Rule 60(B), and that the court did not err in directing Janet and Nathan Wagler to connect to the sewer system. Denies West Boggs’ request for appellate attorney fees.
The Indiana Court of Appeals has upheld a trial court’s decision to deny setting aside agreements several members of the Old Order Amish near Loogootee made to connect to a sewer system and the order that a couple hook up to the system.
A member of the Latin Kings street gang and two associates have been sentenced to prison for racketeering conspiracy and other crimes in support of the gang, the U.S. Attorney’s Office in the Northern District of Indiana announced Thursday.
Happy Holidays or Merry Christmas? The ACLU of Indiana is taking a look at the battle over religious liberties at its December First Wednesdays brown bag discussion.
The Indiana Court of Appeals was split over whether Delaware County commissioners could terminate the contract of the Board of Commissioners’ human resources director after two new members were elected to the board.
A Porter County man who fought the Bureau of Motor Vehicles' decision to suspend his license for being a habitual traffic violator lost his case before the Indiana Court of Appeals.
For-publication decisions by the Indiana Court of Appeals are detailed in the stories above. The following is the not-for-publication decision released by the court. The 7th Circuit Court of Appeals, Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Indiana Court of Appeals
In Re the Paternity of C.W.R.; C.W. v. F.R. (NFP)
31A04-1206-JP-311
Juvenile. Affirms denial of mother’s request for a change in custody.
Indiana Court of Appeals
Richard Thomas v. Indiana Bureau of Motor Vehicles
64A03-1204-PL-191
Civil plenary. Affirms suspension of Thomas’ driving privileges for 10 years due to qualifying as a habitual traffic violator. The BMV timely notified Thomas that he qualified as a habitual traffic violator and the doctrine of laches is not applicable to the instant matter.
The Indiana State Bar Association is seeking lawyers for its annual volunteer event on Martin Luther King Jr. Day, “Talk to a Lawyer Today.” Approximately 200 members of the ISBA will offer brief, free legal consultations to the public.
Below are the not-for-publication decisions released by the Indiana Court of Appeals. A for-publication decision is detailed in a story above. The 7th Circuit Court of Appeals, Indiana Supreme Court and Tax Court released no opinions by IL deadline.
Indiana Court of Appeals
Nicole Means v. State of Indiana (NFP)
49A02-1205-CR-391
Criminal. Affirms conviction and sentence for Class B felony aggravated battery.
Monica Oevermeyer v. Dennis Steinbis (NFP)
78A01-1204-DR-187
Domestic relation. Reverses finding Overmeyer in contempt as requested by her ex-husband.
Dennis Mikel v. State of Indiana (NFP)
52A02-1205-SC-428
Small claim. Affirms damage award for Mikel’s television in Mikel’s action against the Miami Correctional facility and the superintendent of the facility.
Indiana Court of Appeals
Kirstan Haub, d/b/a American Handyman Service v. Jenny Eldridge
10A01-1203-PL-107
Civil plenary. Reverses denial of Haub’s motion for summary judgment against Eldridge. The trial court erred in considering parol evidence, and the release unambiguously releases Haub from any and all claims that Eldridge may have had against him on or before Oct. 8, 2010. Orders trial court to enter summary judgment in favor of Haub.
Finding the Clark Circuit Court erred in considering parol evidence when denying a remodeler’s motion for summary judgment, the Indiana Court of Appeals found the lower court should grant his motion on a lawsuit brought by a client for negligently performing work on her home.
The Indiana Department of Child Services announced Tuesday that is has reached a legal settlement with IARCCA, an Association of Children & Family Services, over rates paid to cover additional staffing costs and cost-of-living expenses to residential facilities and foster care agencies that serve abused and neglected children.
Convicted Ponzi schemer Tim Durham is requesting a much shorter prison stay than the life sentence federal prosecutors want him to serve.
The Indiana Supreme Court granted transfer to just one case last week, taking a Bartholomew County ruling involving a tax sale. The Indiana Court of Appeals in July held that Indiana Code 6.1-1-24-3(b) violates the 14th Amendment guarantee of due process.
Gov. Mitch Daniels announced Monday that he has selected Faith Graham to sit as judge of Tippecanoe Superior Court III. She succeeds Loretta Rush, who was appointed to the Indiana Supreme Court in September and joined the high court this month.