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7185 results for 'articles'

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Miami Circuit Judge Robert Spahr dies

September 5, 2012

Miami Circuit Judge Robert A. Spahr, 66, died Monday at his residence after a brief battle with cancer.

Indiana justices accept 4 cases, deny 27

September 5, 2012

The Indiana Supreme Court will decide the defamation case filed by Herbert and Bui Simon against a California attorney. The justices will also decide whether a woman’s lawsuit for unpaid wages should have been brought before the Indiana Department of Labor before she filed her action.

Court orders more proceedings on suit involving former Junior Achievement VP

September 5, 2012

The 7th Circuit Court of Appeals Tuesday had to determine how best to read Section 510 of the Employment Retirement Income Security Act of 1974 to rule whether a former vice president of Junior Achievement of Central Indiana was fired because of his protests about the company’s failure to deposit money into his retirement account.

Opinions Sept. 4, 2012 ILD

September 4, 2012

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

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

Indiana Court of Appeals
Dennis J. Rodenberg v. State of Indiana (NFP)
82A01-1201-CR-10
Criminal. Affirms conviction of Class B felony rape.

Damon T. Payne, Sr. v. State of Indiana (NFP)
02A04-1204-CR-190
Criminal. Affirms sentence imposed for three counts of Class D felony theft.

Charles B. Dietzen v. State of Indiana (NFP)
29A02-1112-CR-1104
Criminal. Affirms order reinstating suspended sentence.

Victoria Yates v. State of Indiana (NFP)
49A02-1202-CR-126
Criminal. Affirms conviction of Class A misdemeanor battery.

Olympia Shellman v. State of Indiana (NFP)
02A04-1201-CR-34
Criminal. Affirms denial of motion to withdraw guilty plea.

James W. Manhart v. State of Indiana (NFP)
16A04-1203-CR-131
Criminal. Affirms denial of petition to convert convictions from Class D felonies resisting law enforcement and operating a vehicle while intoxicated to Class A misdemeanors.

Artrece D. Patterson v. State of Indiana (NFP)
48A05-1112-CR-693
Criminal. Affirms finding of violation and revocation of probation.

Noble Potter v. State of Indiana (NFP)
10A01-1112-CR-619
Criminal. Affirms sentence for Class B felony residential burglary and being a habitual offender.
 

Opinions Sept. 4, 2012

September 4, 2012

Indiana Court of Appeals
Nathan S. Berkman v. State of Indiana
45A04-1111-CR-583
Criminal. Affirms conviction of and sentence for murder. The trial court did not abuse its discretion in declaring a witness unavailable or in admitting the deposition testimony of another unavailable witness. Berkman’s sentence is not inappropriate as he had argued.

Previous testimony allowed in murder trial

September 4, 2012

A witness’s testimony from a man’s murder trial and the deposition testimony of another unavailable witness were correctly allowed at the man’s second murder trial, the Indiana Court of Appeals held Tuesday.

Judge: More small claims reforms pursued

September 4, 2012

More reforms that could address “forum shopping” in Marion County Small Claims courts will be undertaken this month, the judge presiding over a review of township court operations said.

COA orders judge grant motion for bail bond reduction

September 4, 2012

Even though the severity of the 13 charges against a Knox County man for his role in several home invasions supports setting his bond at $25,000 cash only, the Indiana Court of Appeals concluded that the trial court should have allowed him to post a percentage of that to bond out.

Judges disagree over whether car ad implied drivability

September 4, 2012

The Indiana Court of Appeals was divided on whether an Indianapolis car dealership was entitled to summary judgment on a buyer’s lawsuit that made Indiana Deceptive Consumer Sales Act, Crime Victims Relief Act, and fraud claims.

Worker’s Compensation Act doesn’t give board ability to decide contract construction issue

September 4, 2012

The Indiana Court of Appeals ruled that a Hamilton Superior Judge erred in granting an injured worker’s motion to dismiss a company’s action on whether it was liable to pay workers’ compensation to the injured man, who worked for another company.

Courts, DCS, Criminal Code Evaluation committees meet this week

September 4, 2012

The Commission on Courts holds its first meeting of the legislative interim Wednesday, and a common theme is the need for more judges.

Convicted sex offender appeals requirement to register in Indiana

September 4, 2012

A Massachusetts man who pleaded guilty to rape and abuse of a child in that state in 1984 will argue before the Indiana Court of Appeals Wednesday that he should not have to register in Indiana, where he now lives.

Fishers company loses Marilyn Monroe court appeal

August 31, 2012

CMG Worldwide, an intellectual property licensing firm in Fishers, has lost a federal court appeal related to ownership of iconic images of Marilyn Monroe.

Suit challenging construction of asphalt plant timely filed

August 31, 2012

The Indiana Court of Appeals determined that the Jeffersonville director of planning and zoning and the city building commissioner are public officers under Indiana Code 34-11-2-6. The judges discovered there is no state law defining public officer under this statute.

Teen loses on appeal negligence suit filed for softball injury

August 31, 2012

A Wabash County YMCA proved it was entitled to summary judgment on a negligence claim filed by a 17-year-old teen injured while sliding into a base during a softball game on property owned by the YMCA, the Indiana Court of Appeals held.

Opinions Aug. 31, 2012 ILD

August 31, 2012

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

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

Indiana Court of Appeals
Roderick Vandrell Lewis v. State of Indiana (NFP)
02A03-1201-CR-18
Criminal. Affirms convictions of two counts of felony murder.

Carroll S. Channell, Trustee of the Revocable Living Trust of Carroll S. Channell dated August 21, 2000, et al. v. Tim Moffatt and Bill Moffatt (NFP)
59A04-1112-PL-664
Civil plenary. Affirms pre-trial order resolving all pending motions in an action originally brought to quiet title to real estate located in Orange County. Remands for further proceedings.

Jeremy Lamar Lloyd v. State of Indiana (NFP)
45A04-1202-CR-79
Criminal. Affirms sentences for two counts of Class C felony burglary.

Term. of the Parent-Child Rel. of S.S., minor child, and D.S., mother, and W.S., father; D.S. and W.S. v. Indiana Dept. of Child Services (NFP)
53A05-1112-JT-673
Juvenile. Affirms involuntary termination of parental rights.

B.C. v. State of Indiana (NFP)
15A01-1202-JV-68
Juvenile. Vacates order B.C. register as a sex offender as the order was premature and remands with instructions.

Opinions Aug. 31, 2012

August 31, 2012

Indiana Court of Appeals
Seabrook, Dieckmann & Naville, Inc. v. Review Board of the Indiana Dept. of Workforce Development and Monica Hilbert
93A02-1202-EX-100
Agency action. Reverses board’s conclusion that Hilbert’s employment was not terminated for just cause. Based on the evidence and testimony, Seabrook Dieckmann & Naville showed that Hilbert breached a duty in connection with work which was reasonably owed to her employer and her conduct was of such a nature that a reasonable employee would understand that the conduct was a violation of a duty owed to the funeral home. Remands for further proceedings.

Massa appointed chair of St. Joe judicial nominating commission

August 31, 2012

Indiana Chief Justice Brent Dickson has appointed Justice Mark Massa chairman of the St. Joseph Superior Court Judicial Nominating Commission. Massa is filling the vacancy left by former Justice Frank Sullivan, who recently left the bench to teach.

Woman fails to prove animal fighting statute is unconstitutionally vague

August 31, 2012

A Marion County woman failed to carry her “heavy burden” of proving that Indiana Code 35-46-3-10, which governs dog fights, is unconstitutionally vague, the Court of Appeals ruled Friday.

Judges: employee discharged for just cause

August 31, 2012

The Indiana Court of Appeals reversed the finding by an administrative law judge and the Indiana Department of Workforce Development that an employee of a funeral home was fired for just cause.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrate judges

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • List of new Indiana laws approved this year

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • Trump selects Wheeler, Mildred as U.S. Attorney nominees in Indiana, Banks says

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