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After finding a grandparent visitation order entered in Johnson County is voidable because of defects, the Indiana Supreme Court sent the case back to the trial court for new findings and conclusions without hearing new evidence.
The Indiana Court of Appeals reversed a criminal trespass conviction for a Marion County man after finding the state didn’t prove a material element of the crime.
A federal judge has denied a challenge to a smoking ordinance passed last year by the Indianapolis-Marion County City-County Council.
Indiana Court of Appeals
The First Baptist Church of Hammond v. Felipe Andrade, a minor, by his mother and custodial parent, Manuela Andrade (NFP)
45A05-1207-CT-354
Civil tort. Affirms jury verdict in favor of Felipe Andrade on his lawsuit after he was injured at an activity hosted by the church, the finding he was 45 percent at fault for his injuries, and reduction of his recovery accordingly.
Damion Martin v. State of Indiana (NFP)
49A02-1206-CR-473
Criminal. Affirms convictions of two counts of murder, one count of Class B felony aggravated battery, and three counts of Class C felony battery.
Brian Rinearson v. State of Indiana (NFP)
34A02-1209-CR-715
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license and sentence of 365 days incarceration, all suspended.
City of Muncie v. Stanley Benford (NFP)
18A02-1207-CR-549
Criminal. Affirms order setting aside an earlier order dismissing a forfeiture claim brought by the city against Stanley Benford.
Leonard Beaty v. State of Indiana (NFP)
71A04-1107-CR-384
Criminal. Affirms three convictions of Class A felony child molesting.
In the Matter of: B.G., a Child in Need of Services; B.T. v. Indiana Department of Child Services (NFP)
49A02-1208-JC-642
Juvenile. Affirms adjudication of B.G. as a child in need of services.
Calvin Horton v. State of Indiana (NFP)
49A05-1207-CR-371
Criminal. Affirms revocation of placement in community corrections and order that Horton serve remainder of his sentence at the Department of Correction.
Christopher Groce and Tracey Groce v. American Family Insurance Company and Michael A. Meek (NFP)
48A02-1208-CT-703
Civil tort. Affirms summary judgment for American Family and Meek after the Groces filed a complaint for damages against them alleging negligence and breach of contract.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Supreme Court
Holiday Hospitality Franchising, Inc. v. Amco Insurance Company
33S01-1206-CT-312
Civil tort. Affirms summary judgment for Amco Insurance Co. on its motion for declaratory judgment to enforce its reading of the insurance contract with the hotel disclaiming coverage for, and its duty to defend against, a civil complaint brought by a motel guest molested by an off-duty motel employee. The facts of the case reflect precisely the sort of scenario contemplated by the parties to be excluded from coverage when they agreed to the insurance contract. Chief Justice Dickson concurs and Justice Rucker dissents.
A divided Indiana Supreme Court affirmed summary judgment for a hotel, its owner and the hotel franchisor that the hotel’s insurance company had no duty to defend a civil complaint brought by a minor motel guest who was molested by an off-duty employee.
This year’s Indiana Health Law Review Symposium at Indiana University Robert H. McKinney School of Law will explore patient responsibility as a key to improving the health care system.
The Indiana Court of Appeals ruled Wednesday that the Evansville Vanderburgh School Corporation’s renovation of a building to be used to house all administrative offices violated the state’s Public Bidding Laws.
Kimberly Heaton will have a new hearing on whether she violated the terms of her probation when she was charged with Class D felony theft. The Indiana Supreme Court vacated her probation revocation because a Madison Superior judge may have used the wrong legal standard to find the violation.
Indiana Court of Appeals
Jerome Kleber v. Carla (Kleber) Butorac, and Ashlyn P.A. Kleber (NFP)
02A03-1207-DR-321
Domestic relation. Affirms order that Jerome Kleber pay Carla Butorac for college expenses of their children and attorney fees.
In the Matter of the Termination of the Parent-Child Relationship of H.M., and R.M. v. Indiana Department of Child Services (NFP)
18A02-1207-JT-626
Juvenile. Affirms termination of parental rights.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Supreme Court
Michael Dodd and Katherine Dodd v. American Family Mutual Insurance Company
12S02-1203-CT-170
Civil tort. Affirms summary judgment in favor of the insurance company on its denial of coverage for a fire in the Dodds’ home garage. The issue of American Family’s failure to tender the premiums paid or that such failure was a prerequisite to the voiding of an insurance policy on grounds of material misrepresentations in the policy application wasn’t raised by the Dodds before the trial court. Orders the trial court to release and return the tender of premiums to American Family.
The Indiana Supreme Court affirmed summary judgment for American Family Insurance in a lawsuit filed by a couple after the insurer denied coverage for a 2003 fire at their home and voided the insurance policy from its beginning.
U.S. Supreme Court Associate Justice Clarence Thomas is at Notre Dame Law School Tuesday and Wednesday as the Judge James J. Clynes Visiting Chair. He will visit several law classes and speak with students and faculty.
Proposals to expand services offered by problem-solving courts and to attempt to curtail fraudulent liens and other tactics of so-called sovereign citizens will be heard Wednesday by the Senate Judiciary Committee.
A Lake Superior Court did not abuse its discretion in denying a jury instruction on the presumption of innocence submitted by a man on trial for murder and neglect of a dependent, the Indiana Court of Appeals ruled Tuesday.
Indiana Court of Appeals
In Re the Involuntary Termination of the Parent-Child Relationship of S.H. and E.H., N.H. v. The Indiana Department of Child Services and Lake County Court Appointed Special Advocate (NFP)
45A03-1207-JT-313
Juvenile. Affirms involuntary termination of parental rights.
Antonio Highbaugh v. State of Indiana (NFP)
49A02-1201-CR-3
Criminal. Affirms sentence of 365 days of incarceration with 361 days suspended to probation for Class A misdemeanor residential entry.
In Re the Involuntary Termination of the Parent-Child Relationship of T.J.: S.J. v. The Indiana Department of Child Services and Child Advocates, Inc. (NFP)
49A04-1207-JT-342
Juvenile. Affirms involuntary termination of parental rights.
David S. Healey v. State of Indiana (NFP)
33A04-1202-MI-107
Miscellaneous. Grants petition for rehearing, reverses denial of verified petition to remove designation as a sex offender, and remands for further proceedings.
Anthoney D. Coveleski v. State of Indiana (NFP)
84A05-1206-CR-282
Criminal. Reverses Class D felony conviction and orders the trial court to enter the judgment of conviction on assisting a criminal as a Class A misdemeanor. Finds the state presented sufficient evidence to support the misdemeanor conviction.
Glenda Howell v. State of Indiana (NFP)
71A04-1208-CR-436
Criminal. Affirms sentence for Class A felony dealing in cocaine.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
Indiana Court of Appeals
Michael Williams, Jr. v. State of Indiana
30A01-1207-CR-305
Criminal. Reverses convictions of Class B felonies burglary and conspiracy to commit burglary, and Class C felony carrying a handgun without a license. Williams’ trial counsel’s performance was deficient by failing to object under Indiana Evidence Rule 404(b) to the admission of evidence of William’s previous bad acts and convictions. Remands for a new trial.
Because the extent of prior bad acts admitted into evidence during a man’s trial in Hancock County was “breathtaking,” the Indiana Court of Appeals ordered he be retried on burglary and handgun charges.
The Senate Corrections & Criminal Law Committee meets Tuesday morning to hear four bills, including a bill altering registry requirements and procedures for sex offenses and sex offenders.
A federal judge on Friday dismissed several former college athletes’ attempt to bring a class-action lawsuit against Indianapolis-based NCAA, writing in a 25-page order that the complaint “reads more like a press release than a legal filing.” The judge left open the possibility that an antitrust claim may survive.