Lampoon: Durham used $1M from company to pay attorney
A film company once headed by Indianapolis financier Tim Durham says he transferred $1 million to his Indianapolis lawyer, John Tompkins, while fighting federal securities fraud charges
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Opinion March 1, 2013 ILD
Indiana Court of Appeals
Term. of the Parent-Child Rel. of: J.C. (Minor Child), and H.B. (Mother) v. The Indiana Dept. of Child Services (NFP)
26A01-1205-JT-207
Juvenile. Affirms termination of parental rights.
Kedrin Sweatt v. State of Indiana (NFP)
49A05-1209-CR-442
Criminal. Affirms 105-year sentence for two counts of attempted murder, one count each of resisting law enforcement and robbery, and four counts of criminal confinement.
Patrick Griesehop v. State of Indiana (NFP)
40A01-1207-CR-385
Criminal. Affirms seven-year sentence for Class C felony robbery.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions March 1, 2013
7th Circuit Court of Appeals
Securities and Exchange Commission v. First Choice Management Services Inc., et al.
12-3308
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms $600,000 sanction against SonCo for contempt of court by not following a court order. The $600,000 is actually a gross understatement of the harm caused by SonCo’s contempt for failing to take over operation of Alco’s wells within 90 days as ordered.
Judges uphold $600k sanction for contempt
After initially vacating a District judge’s $600,000 sanction against SonCo Holdings for contempt of court and remanding it to the lower court for more proceedings, the 7th Circuit Court of Appeals upheld the sanction Friday.
7th Circuit affirms kidnapping and extortion convictions, sentence
Finding no error in the admittance of three photo identifications of a defendant following charges of kidnapping and extortion, the 7th Circuit Court of Appeals upheld Lamar Sanders’ convictions and 25-year sentence Thursday.
5 sitting jurists to judge moot court competition Friday
A panel of distinguished judges, including one from the 7th Circuit Court of Appeals, will be on hand Friday evening to hear final arguments in a case involving judicial recusal and eminent domain as part of the Indiana University Maurer School of Law Sherman Minton Moot Court Competition.
Settlement talks set for Don Marsh severance dispute
Lawyers for Marsh Supermarkets Inc. and its former CEO are set to meet Monday in hopes of finally ending their years-long court battle in which the company already has notched a partial victory.
Opinions Feb. 28, 2013 ILD
Indiana Court of Appeals
Joseph E. Sanders v. State of Indiana (NFP)
02A03-1208-CR-372
Criminal. Affirms convictions and sentence for Class D felony domestic battery and Class D felony escape.
Donald W. Campbell v. State of Indiana (NFP)
45A04-1109-CR-473
Criminal. Affirms conviction and sentence for murder.
Jennifer Simpson v. Donald Simpson (NFP)
02A03-1204-DR-168
Domestic relation. Affirms denial of Jennifer Simpson’s motion for relief from judgment pursuant to Ind. Trial Rule 60(B).
Loren H. Fry v. Terry L. Schroder and Robert C. Schroder, Individually and as beneficiaries and personal representatives of the Estate of David H. Schroder (NFP)
09A02-1206-CT-474
Civil tort. Affirms order denying Fry’s motion to stay the civil proceedings brought against him by the Schroders, individually and as beneficiaries and personal representatives of the estate.
Term. of the Parent-Child Rel. of K.M. and J.H., Jr.: K.M., Mother of K.M. and J.H., Jr.; M.M., Father of K.M.; and J.H., Sr., Father of J.H., Jr. (NFP)
20A04-1206-JT-334
Juvenile. Affirms termination of parental rights.
Anthony Szuch v. State of Indiana (NFP)
82A04-1208-CR-403
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.
Larry Collins, Jr. v. State of Indiana (NFP)
71A05-1206-PC-319
Post conviction. Affirms denial of petition for post-conviction relief.
Frederick James Burton v. State of Indiana (NFP)
71A04-1208-CR-426
Criminal. Affirms revocation of probation and order that Burton serve entire previously suspended sentence, with credit for time served.
Bret Shaw v. Bryan C. Jerman (NFP)
49A02-1203-PL-164
Civil plenary. Reverses summary judgment for Jerman and remands for further proceedings on Shaw’s lawsuit after he was denied insurance coverage for losses claimed after a burglary.
F.E. v. J.E. (NFP)
55A01-1207-DR-311
Domestic relation. Affirms in part, reverses in part the decree and property disposition order in the dissolution of marriage and remands for further proceedings.
F.G. v. State of Indiana (NFP)
49A04-1208-JV-415
Juvenile. Affirms adjudication that F.G. committed what would be Class D felony intimidation if committed by an adult.
Danny Clark v. State of Indiana (NFP)
59A01-1205-CR-203
Criminal. Affirms sentence for Class B misdemeanors public intoxication and disorderly conduct and remands for the trial court to apply any credit time earned to the suspended portion of Clark’s sentence. Judge Melissa May concurs in result.
In Re the Paternity of: B.V.L., S.B. v. B.L. (NFP)
48A02-1206-JP-491
Juvenile. Affirms grant of custody of B.V.L. to father B.L.
Jeramie Rangel v. State of Indiana (NFP)
27A05-1206-CR-308
Criminal. Affirms sentence following conviction of Class C felony nonsupport of a dependent child.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions Feb. 28, 2013
Indiana Court of Appeals
Verdyer Clark v. State of Indiana
49A04-1202-CR-66
Criminal. Grants rehearing for clarification and affirms in all respects. Holds that the determination whether the age of a perpetrator is relevant to a child victim’s medical diagnosis or treatment is best left to another case.
Allen Superior magistrate resigns suddenly
Allen Superior Magistrate Judge Marcia Linsky resigned Tuesday without prior notice.
Judges uphold refund to pilot unhappy with plane rental’s service
A man who prepaid into an account to be used when he rented planes to fly is entitled to a refund of $1,755.88 from a company offering flight instruction and rentals, the Indiana Court of Appeals ruled. The judges rejected the company’s claims that the small claims court erred by ruling in the pilot’s favor.
Rehearing sidesteps state’s claims in battery case
On a petition for rehearing, the state claimed a recent decision by the Indiana Court of Appeals held that “a social worker would always be a declarant in child abuse cases, even when the social worker is merely a scribe.” But the judges disagreed and decided that this particular case is not the proper one to make such a blanket determination.
Man’s 100-year sentence for impregnating stepdaughter, dealing drugs upheld
After pleading guilty to child molesting and dealing in hydrocodone, a Dearborn County man was unable to convince the Indiana Court of Appeals Thursday that his 100-year aggregate sentence should be reduced.
401(k) contributions are income for child support calculation
The Indiana Court of Appeals Thursday affirmed that the money a father contributed to his 401(k) account during his marriage may be included as income for purposes as determining child support.
Amendment to law allows father to terminate child support
An amendment to Indiana Code last year lowering the age child support may be terminated to 19 trumped a previous dissolution decree that said a father must pay support for his son until he turns 21, the Indiana Court of Appeals has decided.
Medicaid expansion not dead but Legislature still divided
When talking about expanding Medicaid under the provisions of the Affordable Care Act, both sides of the aisle in the Statehouse focus on the same point – costs.
Settlement in works for teens expelled for online death threats
Griffith Public Schools and the three teens expelled from eighth grade because of a Facebook conversation are in the process of finalizing a settlement agreement, according to a joint status report filed Wednesday in federal court.
Monroe County attorney sentenced for counterfeiting
Philip Chamberlain, a Clear Creek attorney accused of stealing from his clients, was sentenced to community service Tuesday by Monroe Circuit Judge Teresa Harper.
Environmental groups lob new suit at I-69 work
An Indiana environmental group once again is attempting to stop construction of the Interstate 69 extension between Evansville and Indianapolis by filing suit in federal court.
COA upholds award of attorney fees but orders damages amount reduced against construction company
A claimed scrivener’s error on the Secretary of State’s website should not be held against the couple filing the lawsuit against a company, the Indiana Court of Appeals held. The error involving an incorrect address on the website was made by an employee of the company being sued more than two years before the suit was filed.