Home » Search

Search Results

7185 results for 'articles'

To refine your search through our archives use our Advanced Search

Opinions Oct. 1, 2012 ILD

7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals
Michael D. Wood v. State of Indiana (NFP)
35A02-1204-CR-285
Criminal. Affirms trial court’s recommendation of a two-year driving privilege suspension following conviction of Class A misdemeanors possession of marijuana, possession of paraphernalia, and operating a vehicle with 0.15 or more blood alcohol content.

Acuity Mutual Insurance Company v. American Family Mutual Insurance Company, et al. (NFP)
71A05-1203-PL-101
Civil plenary. Reverses grant of American Family’s motion, in which the trial court concluded that the nephew of the owner of the van was entitled to coverage under Acuity’s policy and that Acuity was his primary insurer. Remands with instructions to enter summary judgment in Acuity’s favor.

In the Matter of the Civil Commitment of F.L. v. Wishard Health Services, Midtown Community Mental Health Center (NFP)
49A02-1202-MH-130
Mental health. Affirms civil commitment requiring F.L. to receive outpatient treatment.

Robert L. Peals v. Indiana State University and its Board of Trustees (NFP)
84A01-1110-PL-451
Civil plenary. Affirms judgment in favor of Indiana State University and its board of trustees on Peals’ breach of implied contract claim.
 

Opinions Oct. 1, 2012

Indiana Court of Appeals
Scott F. West v. State of Indiana
11A01-1203-CR-123
Criminal. Orders discharge of marijuana charges because West was held to answer those charges for more than a year without a trial date while a motion to suppress awaited a ruling. West did not request an indefinite continuance such that he needed to notify the court that he wished to proceed to trial.

Justices to hear negligent design case

The Indiana Supreme Court took three cases last week, including a lawsuit filed by a man rendered a quadriplegic after he fell out of a company truck while working for Richmond Power.

Committee taking another look at emancipation law

The Child Custody and Support Advisory Committee meets Tuesday to discuss the law passed during the 2012 legislative session that reduced the age of emancipation to 19 for child support purposes.

Clay County man entitled to discharge because of ruling delays

The Indiana Court of Appeals found that Scott F. West is entitled to discharge under Indiana Criminal Rule 4(C) because he was held to answer on marijuana charges for more than a year without a trial date while his motion to suppress awaited a ruling.

Opinions Sept. 28, 2012 ILD

7th Circuit Court of Appeals posted no opinions by IL deadline.

Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals
Robert Owen Luetke v. State of Indiana (NFP)
03A01-1202-CR-46
Criminal. Affirms convictions of Class C felony burglary and Class D felony theft.

Paul Sparks v. State of Indiana (NFP)
70A01-1204-CR-140
Criminal. Affirms sentence following guilty plea to Class C felony operating a motor vehicle while privileges are forfeited for life.

Matthew Thies v. State of Indiana (NFP)
15A01-1111-CR-553
Criminal. Affirms convictions of three counts of Class A felony child molesting and two counts of Class C felony child molesting.

Victor J. DiMaggio, III v. Elias Rosario and Mark Nebel (NFP)
64A04-1204-PL-169
Civil plenary. Affirms dismissal of DiMaggio’s amended complaint against Nebel.

Nathan Haas v. State of Indiana (NFP)
15A01-1203-CR-109
Criminal. Affirms revocation of probation and reinstatement of previously suspended sentence.

Paul Plummer v. State of Indiana (NFP)
49A05-1203-CR-106
Criminal. Reverses conviction of Class A misdemeanor invasion of privacy.

Nathan W. Golden v. State of Indiana (NFP)
05A02-1204-CR-345
Criminal. Affirms sentence for Class D felony theft.

Robert G. Bollman, Jr. v. State of Indiana (NFP)
20A03-1202-CR-100
Criminal. Affirms sentence following guilty plea to Class C felony escape.

Marvin Smith v. City of Richmond and City of Richmond Public Works (NFP)
89A01-1202-CT-45
Civil tort. Affirms grant of summary judgment in favor of the city of Richmond with respect to Smith’s tort claim.

Joy M. Graf v. Craig W. Graf (NFP)
64A03-1206-DR-265
Domestic relation. Reverses denial of Joy Graf’s motion to suspend the driver’s license of Craig Graf due to failure to pay child support. Remands for further proceedings.

State of Indiana v. Jamie Ray Scheckles (NFP)
10A01-1202-CR-71
Criminal. Reverses grant of Scheckles’ motion to enter work release and orders Scheckles return to the Department of Correction.

Michael Sopher v. State of Indiana (NFP)
70A01-1203-CR-133
Criminal. Affirms sentence following guilty plea to Class C felony child molesting.

Kevin D. Webster v. State of Indiana (NFP)
49A02-1201-PC-86
Post conviction. Affirms denial of petition for post-conviction relief.

Michael S. Scroggins v. State of Indiana (NFP)
39A01-1203-CR-91
Criminal. Affirms sentence following guilty plea to two counts of Class C felony reckless homicide and one count of Class C felony criminal recklessness.

Curtis Bacon, Jr. v. State of Indiana (NFP)
79A02-1112-CR-1163
Criminal. Affirms convictions and sentence for Class B felony aggravated battery; and Class C felonies criminal recklessness committed while armed with a deadly weapon, and carrying a handgun without a license; and the sentencing enhancement of unlawful use of a firearm.
 

Opinions Sept. 28, 2012

Indiana Court of Appeals
Steven Duncan v. State of Indiana
82A01-1201-CR-22
Criminal. Affirms in part and reverses in part six convictions of Class A misdemeanor cruelty to an animal. Duncan did not knowingly waive his right to a jury trial because the court did not fully advise him of his rights and obligations. Finds the animal cruelty statute is not vague as applied to him and there was sufficient evidence to overcome a defense of necessity. Remands for a jury trial.

Trial court correctly revoked man’s probation in 5 cases

A Washington Circuit judge did not abuse his discretion in revoking a man’s probation in multiple cases and ordering that he serve all of his previously suspended sentences, the Indiana Court of Appeals ruled.

COA orders jury trial on animal cruelty charges

An Evansville man convicted of six counts of misdemeanor animal cruelty due to the condition of horses on his property did not knowingly waive his right to a jury trial and, therefore, is entitled to a jury trial, the Indiana Court of Appeals concluded.

Legislators to receive Shepard pro bono award

State Sen. Brent Steele, R-Bedford, and Rep. Eric Koch, R-Bedford, will receive the Indiana Pro Bono Commission’s Randall T. Shepard Award for excellence in pro bono publico, the Indiana Bar Foundation announced Thursday.

Court video pilot project will last through 2013

The pilot project announced this summer by the Indiana Supreme Court that includes using video transcripts in three trial courts as the official court record will run through Dec. 31, 2013.

Opinions Sept. 27, 2012 ILD

7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals
John Jorman, Jr. v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)
93A02-1203-EX-263
Agency action. Affirms suspension of unemployment benefits.

David Shane v. State of Indiana (NFP)
68A01-1202-PC-74
Post conviction. Affirms denial of petition for post-conviction relief.

Donny Lee Sturgill v. State of Indiana (NFP)
52A02-1202-CR-162
Criminal. Affirms sentence for Class D felony escape.
 

Durham to be sentenced Nov. 30

Tim Durham and the two other men convicted of running a Ponzi scheme and taking money from investors in Ohio-based Fair Finance Co. will be sentenced Nov. 30.

Supreme Court amends disciplinary rule

Indiana Chief Justice Brent Dickson has signed an order amending Admission and Discipline Rule 23, Section 26 on the disciplinary commission and proceedings.

Opinions Sept. 26, 2012 ILD

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Steven J. Hirst v. State of Indiana (NFP)
05A05-1204-CR-215
Criminal. Affirms sentence imposed following guilty plea to Class D felony possession of a controlled substance.

Randy G. Cobb v. State of Indiana (NFP)
20A04-1203-PC-117
Post conviction. Affirms denial of petition for post-conviction relief.

Leaders Staffing LLC v. Review Board of the Indiana Dept. of Workforce Development and Jason P. Ballard (NFP)
93A02-1202-EX-149
Agency action. Reverses decision that Leaders Staffing did not meet its burden of proving that Ballard was discharged for just cause.

Jason Tye Myers v. State of Indiana (NFP)
79A02-1202-CR-123
Criminal. Dismisses appeal for lack of jurisdiction.

Jessie M. Spears v. Review Board of the Indiana Dept. of Workforce Development and Meijer Stores Limited Partnership (NFP)
93A02-1106-EX-519
Agency action. Affirms denial of claim for unemployment benefits.

Daniel Nolan v. State of Indiana (NFP)
17A03-1205-CR-215
Criminal. Affirms sentence imposed following guilty plea to Class C felony incest.

Kevin A. Nasser v. State of Indiana (NFP)
84A05-1202-CR-82
Criminal. Affirms convictions of Class D felony battery by body waste, Class A misdemeanor battery, and Class B misdemeanors battery, disorderly conduct and public intoxication.

Brandon King v. State of Indiana (NFP)
48A02-1202-CR-90
Criminal. Affirms denial of King’s request at his sentencing hearing to withdraw his guilty pleas to five felonies under three cause numbers.

Joshua Banks v. State of Indiana (NFP)
49A04-1203-CR-120
Criminal. Affirms conviction of Class A misdemeanor patronizing a prostitute.

Gregory D. Webster v. State of Indiana (NFP)
71A05-1203-CR-109
Criminal. Affirms convictions of Class A misdemeanor possession of marijuana and Class B felony possession of cocaine.

Baron D. McClung v. State of Indiana (NFP)
71A03-1202-CR-80
Criminal. Affirms conviction of Class D felony domestic battery.
 

Opinions Sept. 26, 2012

7th Circuit Court of Appeals
Sandra M. Bontrager, on her own behalf and on behalf of a class of those similarly situated v. Indiana Family and Social Services Administration, Michael A. Gargano and Patricia Casanova
11-3710
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Affirms grant of Bontrager’s request for a preliminary injunction in her putative class-action complaint challenging Indiana’s $1,000 annual limit for dental services covered by Medicaid. The state is required to cover all medically necessary dental services, irrespective of the monetary cap.