To refine your search through our archives use our Advanced Search
The Gibson Circuit Court committed fundamental error in terminating the parental rights of a mother and father over their young child, the Indiana Court of Appeals held Friday. The Department of Child Services admitted that it failed to comply with statute when filing the petition to terminate their parental rights.
A West Lafayette pharmacy owner was sentenced to four years and 9 months in federal prison for defrauding the state’s Medicaid program. He was also ordered to repay Medicaid and pay taxes owed.
Indiana Attorney General Greg Zoeller announced Thursday that the state will get nearly $4.5 million from Janssen Pharmaceuticals Inc. to settle claims that the company illegally marketed its drug, Risperdal.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Michael Kern v. State of Indiana (NFP)
35A02-1108-MI-903
Miscellaneous. Affirms denial of Kern’s petition for writ of habeas corpus.
Keith Allen Abell v. State of Indiana (NFP)
45A03-1202-CR-77
Criminal. Affirms aggregate 36-year sentence for various convictions, including Class B felony attempted rape and Class B felony attempted criminal deviate conduct.
Leroy Hall v. State of Indiana (NFP)
49A04-1202-PC-68
Post conviction. Affirms denial of petition for post-conviction relief.
Chris B. Davis v. Rhonda S. Davis (NFP)
54A01-1201-DR-24
Domestic relation. Affirms denial of Chris Davis’ petition to modify custody.
Danielle Kelly v. State of Indiana (NFP)
30A01-1112-CR-584
Criminal. Affirms denial of motion to suppress.
In the Matter of the Commitment of D.W. v. Wishard Health Services Midtown Mental Health (NFP)
49A02-1201-MH-13
Mental health. Affirms temporary involuntary commitment to mental health facility.
Tommy Goldman v. State of Indiana (NFP)
31A01-1202-CR-75
Criminal. Affirms sentence imposed following probation revocation.
7th Circuit Court of Appeals
Sung Park v. Indiana University School of Dentistry, et al.
11-1933, 11-2109
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms dismissal for failure to state a claim in Park’s suit alleging equal protection and due process violations and claims for state law breach of contract. She has no state law claim for breach of contract, and Park has not identified a protectable property interest.
A lawsuit brought by parents against the Department of Child Services and Evansville Police Department for not informing them of their daughter’s molestation led each judge on the Court of Appeals panel to write his or her own opinion. The only thing the judges agreed on is that the police department is not a proper party to the case.
The Indiana University School of Dentistry student kicked out of the program because of failing grades and allegations of professional misconduct lost her lawsuit because of failure to state a claim.
Although a Starke Circuit Court correctly rejected a legal survey performed on land owned by a trust, the special judge did err by imposing two prior surveys to establish boundary lines of the property, the Indiana Court of Appeals held.
The mining company that hired a truck company as a contractor is considered an insured under the truck company’s insurance policy with regards to an injured trucking employee, the Indiana Court of Appeals ruled.
The judges in U.S. Bankruptcy Court in the Southern District of Indiana have amended local bankruptcy rules, with the changes taking effect Oct. 1. The court is also considering the addition of five local rules.
The Indiana Court of Appeals concluded that an Indianapolis mother was not unlawfully denied a right to a jury trial on her Class B misdemeanor failure to ensure school attendance charge.
Although a District Court’s grant of the habeas petition of a man claiming he didn’t have an impartial jury was reversed by the 7th Circuit Court of Appeals, the case was sent back to the lower court for the state to show that the jury was not prejudiced.
They arrived on yellow school buses as visitors Wednesday afternoon but someday the high school students may come as law students. The Indiana University Robert H. McKinney School of Law and Shortridge Magnet High School for Law and Public Policy inked a partnership that will put McKinney faculty and students in Shortridge classrooms and bring Shortridge students to McKinney.
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
Margaret R. Smith and Darrell G. Smith v. JP Morgan Chase Bank, as Trustee Under the Pooling and Servicing Agreement, Dated as of June 1, 2003, et al. (NFP)
89A01-0702-CV-94
Civil. Affirms summary judgment in a foreclosure action brought by JPMorgan Chase Bank.
Edward LeFlore v. State of Indiana (NFP)
73A01-1111-CR-551
Criminal. Affirms convictions of Class A felony burglary, Class B felonies robbery and criminal confinement, Class C felony intimidation with a deadly weapon, Class D felony fleeing law enforcement, Class A misdemeanor carrying a handgun without a license, and adjudication as a habitual offender.
Robert Brandon v. State of Indiana (NFP)
20A05-1202-CR-53
Criminal. Affirms Class A felony robbery conviction and aggregate 60-year sentence. Orders burglary conviction be reduced from a Class A felony to a Class B felony and resentenced.
Term. of Parent-Child Rel. of J.K., M.K., and C.K. (Minor Children); and S.P. (Mother) v. Indiana Dept. of Child Services and Lake County CASA (NFP)
45A03-1201-JT-45
Juvenile termination of parental rights. Affirms involuntary termination of parental rights.
Jerry L. Ward, Jr. v. State of Indiana (NFP)
09A04-1201-CR-54
Criminal. Affirms denial of motion to withdraw guilty plea and affirms Ward’s sentence.
William N. Gerard v. Althea L. Gerard (NFP)
90A04-1112-DR-642
Domestic relation. Affirms award of attorney and expert witness fees to Althea Gerard in the action involving modification of William Gerard’s parenting time.
Timothy Tingle v. State of Indiana (NFP)
49A02-1110-CR-976
Criminal. Affirms admittance of evidence related to a duffle bag and its contents during a bench trial for various drug charges.
Jean D. Schoknecht v. Susan E. Dunlap f/k/a Hasemeier and f/k/a Scribner (NFP)
49A02-1201-CP-37
Civil plenary. Affirms dismissal of landlord Schoknecht’s complaint against tenant Dunlap pursuant to Indiana Trial Rule 41(E).
Eugene Strader v. State of Indiana (NFP)
49A02-1201-CR-57
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.
Bradley J. Vossberg, and Diana Jachimiak v. Glen A. Gray, Kimberly L. Gray, and Kevin Hardie, d/b/a The Hardie Group (NFP)
34A04-1110-PL-546
Civil plenary. Affirms award of damages to the Grays but reverses with regard to the award of damages to Hardie.
In the Matter of A.J.J.: J.J. v. S.H. (NFP)
71A03-1112-JP-568
Juvenile paternity. Affirms dismissal of motion to terminate support.
Indiana Court of Appeals
Willis Pryor v. State of Indiana
49A02-1202-CR-101
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement. Pryor’s trial counsel’s failure to preserve his right to a jury trial denied Pryor effective assistance of counsel. Remands with instructions to vacate the conviction and hold a new trial by jury.
Tainted BP gasoline that is the subject of two federal lawsuits in northern Indiana was delivered to and likely sold in at least 28 Indianapolis gas stations and as far south as Corydon and Lawrenceburg, according to information the company provided.
A Marion County man was prejudiced by his counsel’s error of not timely filing a request for a jury trial, so the Indiana Court of Appeals ordered a new trial on his Class A misdemeanor resisting law enforcement conviction.
The insurer of a car dealership is not entitled to summary judgment because there are genuine issues of material fact as to whether the dealership or the son of an employee who purchased a car from the dealership owned the car at the time the son hit a bicyclist.
Indiana Supreme Court and Indiana Tax Court posted no opinions prior to IL deadline.
Indiana Court of Appeals
Term. of Parent-Child Rel.: T.V. (Minor child) and M.M. (Father) v. The Indiana Dept. of Child Services (NFP)
48A02-1112-JT-1178
Juvenile termination. Affirms termination of parental rights.
In the Matter of M.S. (Minor Child), Child in Need of Services; M.S. (Mother) v. The Indiana Dept. of Child Services (NFP)
49A02-1201-JC-26
Juvenile. Affirms trial court determination of child in need of services.
Donald E. Wrobel v. State of Indiana (NFP)
71A05-1204-CR-180
Criminal. Affirms 30-year sentence for conviction of two counts of Class B felony sexual misconduct with a minor and being a habitual offender.
Kenneth Johnson v. State of Indiana (NFP)
49A02-1112-CR-1110
Criminal. Affirms conviction of Class D felony theft.
David D. West v. State of Indiana (NFP)
18A02-1202-CR-146
Criminal. Affirms convictions of two counts of Class C felony child exploitation and two counts of Class D felony possession of child pornography.
Bradley Berry v. State of Indiana (NFP)
49A05-1201-CR-40
Criminal. Affirms conviction of Class B misdemeanor public intoxication.
Londale D. Madison v. State of Indiana (NFP)
71A03-1203-CR-109
Criminal. Affirms Class C felony conviction of burglary.
William Bruce v. State of Indiana (NFP)
79A05-1112-CR-671
Criminal. Affirms two Class A felony convictions of child molesting.
Steven Wayne Minor v. State of Indiana (NFP)
03A05-1111-CR-586
Criminal. Affirms conviction of Class D domestic battery.
Gerald W. Town v. State of Indiana (NFP)
35A04-1112-CR-675
Criminal. Affirms convictions of Class C felony sexual misconduct with a minor and Class D felony battery.
Gregory C. Walbridge v. JP Morgan Chase Bank, N.A. (NFP)
02A03-1112-CC-589
Collections. Affirms trial court’s judgment for Morgan Chase Bank.
In the Matter of the Adoption of C.E.H., minor; W.S. and E.H. v. J.T.C. and S.L.C. (NFP)
29A05-1111-AD-683
Adoption. Affirms trial court grant of J.T.C. and S.L.C.’s adoption petition.
7th Circuit Court of Appeals
Angela M. Farrell v. Michael J. Astrue, Commissioner of Social Security
11-3589
Civil. Reverses District Court’s affirmation of the decision to deny disability insurance benefits. The Social Security Administration Appeals Council did not follow its own regulations which require it to consider “new and material evidence.” Also finds the administrative law judge’s residual functional capacity determination is based on an incomplete assessment of the record. Remands for further proceedings.