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The Indiana Judicial Nominating Commission sent its letter to Gov. Mitch Daniels Wednesday explaining the qualifications of justice finalists Hamilton Superior Judge Steven Nation, Tippecanoe Superior Judge Loretta Rush, and Taft Stettinius & Hollister LLP partner Geoffrey Slaughter.
Mid-America Sound Corp., one of two companies that offered an additional $7.2 million to victims of the Indiana State Fair stage collapse, announced it will not proceed with its offer after deciding not enough claimants accepted the settlement arrangement.
The Legal Services Corporation offices around the country will have to lay off staff – including 350 attorneys – due to funding cuts, according to a survey released Wednesday by the legal aid program.
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
In re the Term. of the Parent–Child Rel. of H.S. and N.S. and S.S. & D.S. v. Indiana Dept. of Child Services (NFP)
79A02-1112-JT-1200
Juvenile termination. Affirms termination of parental rights.
Douglas C. Holland v. Rising Sun/Ohio County First, Inc., Ohio County, Rising Sun, Quin Min, and Kirk and Michelle Neace (NFP)
58A01-1112-PL-616
Civil plenary. Affirms order denying Holland’s request to quiet title through adverse possession but reforming the deed in favor of defendants.
Tracy Lynn Weston, as Personal Representative of the Estate of Clinton Dale Weston, Deceased v. Scott D. Longevin, M.D., and Preferred Emergency Specialists, Inc. (NFP)
21A01-1112-PL-583
Civil plenary. Reverses grant of Dr. Longevin and Preferred Emergency Specialists’ motion for summary judgment and remands for further proceedings.
Tondalay Brown v. State of Indiana (NFP)
79A02-1111-CR-1038
Criminal. Affirms convictions of Class A felony possession of cocaine with intent to deliver and Class A misdemeanor possession of marijuana.
Joshua Ellis v. State of Indiana (NFP)
48A04-1203-CR-116
Criminal. Affirms revocation of probation and reinstatement of five years of previously suspended sentence.
Lloyd W. Mezick v. State of Indiana (NFP)
48A02-1112-CR-1170
Criminal. Affirms sentences for Class C felony nonsupport of a dependent child, Class D felony possession of a controlled substance, Class D felony intimidation, Class A resisting law enforcement, Class A misdemeanor battery on a police officer and two counts of Class B misdemeanor public intoxication.
Derek Dwane Hardy v. State of Indiana (NFP)
02A03-1109-PC-445
Post conviction. Affirms denial of petition for post-conviction relief.
D.J. v. State of Indiana (NFP)
49A02-1201-JV-29
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class A misdemeanor intimidation if committed by an adult.
Floor Mart of Indiana, Inc., Annesse M. Covey, Cherly C. Covey, and William Covey v. Norman Fischer and Julie Fischer (NFP)
45A03-1111-PL-501
Civil plenary. Reverses summary judgment entered in favor of the Fischers on their complaint for fraud. Remands for further proceedings.
David M. Craft v. State of Indiana (NFP)
52A05-1203-CR-140
Criminal. Affirms sentence for Class C felony battery resulting in serious injury.
Victor Salazar v. State of Indiana (NFP)
79A02-1101-PC-150
Post conviction. Affirms denial of petition for post-conviction relief.
Larry Burns v. State of Indiana (NFP)
45A04-1111-CR-624
Criminal. Affirms conviction of murder.
Danny K. Peet v. State of Indiana (NFP)
20A05-1203-CR-185
Criminal. Affirms revocation of probation.
Vernon L. Mefford v. Lori Little and Jason McCord (NFP)
53A01-1110-SC-495
Small claims. Affirms judgment in favor of Little and McCord on Mefford’s claim for damages resulting from a breach of a lease of residential real estate.
Term. of Parent-Child Rel. of C.S., Jr., D.S., and J.S., minor children, and C.S., Sr., father v. Indiana Dept. of Child Services (NFP)
71A04-1111-JT-641
Juvenile termination. Affirms termination of parental rights.
Indiana Court of Appeals
Reko D. Levels v. State of Indiana
82A01-1201-CR-25
Criminal. Reverses convictions of battery and public intoxication as Class B misdemeanors. Levels did not validly waive his right to a jury trial.
A couple who consented to an entry of judgment on the evidence against them in a negligence claim in order to appeal the evidentiary rulings lost their case in the Indiana Court of Appeals.
An inmate at the Pendleton Correctional Facility was unable to identify with reasonable particularity the records he sought from the Fort Wayne Police Department, the Indiana Court of Appeals concluded Wednesday. The case also allowed the judges for the first time to address “reasonable particularity” under the Access to Public Records Act.
The Indiana Court of Appeals affirmed in part and reversed in part a dispute between a company and its mortgage holder regarding how money received from the city of Lawrenceburg as part of a settlement should be applied to the mortgage.
Special U.S. Attorney Richard Cox filed an information in federal court Tuesday which accuses William Conour of stealing more than $4.5 million from 25 clients.
The Indiana Court of Appeals reversed a Vanderburgh County man’s misdemeanor convictions of battery and public intoxication, finding he did not waive his right to a jury trial.
The Indiana Court of Appeals declined Wednesday to create a blanket rule that nurses cannot qualify as expert witnesses under the Indiana Evidence Rule and testify as to whether a health care provider breached a standard of care or whether an alleged breach caused an injury.
U.S. Magistrate Judge Andrew P. Rodovich in Hammond Tuesday granted the state’s unopposed motion to lift the stay of a lawsuit in the Northern District challenging portions of Indiana’s immigration law dealing with employment.
Allen Superior Judge John F. Surbeck Jr. received the 2012 William H. Rehnquist Award for Judicial Excellence from the National Center for State Courts, the nonprofit organization announced Tuesday. The award is presented annually to a state court judge who exemplifies the highest level of judicial excellence, integrity, fairness, and professional ethics.
Indiana Supreme Court and Tax Court issued no opinions by IL deadline.
Indiana Court of Appeals
In the Matter of the Paternity of I.B., R.P. v. M.B., As Next of Friend of I.B. (NFP)
84A01-1109-JP-456
Juvenile paternity. Affirms order establishing R.P.’s paternity of minor child, I.B.
Joshua P. Lindsey v. State of Indiana (NFP)
29A02-1112-PC-1183
Criminal/post-conviction relief. Affirms denial of post-conviction relief on convictions of robbery and resisting law enforcement.
Richard D. Boring v. State of Indiana (NFP)
37A04-1201-CR-10
Criminal. Affirms revocation of probation.
Brandon Rhonte McDonald v. State of Indiana (NFP)
45A05-1112-CR-687
Criminal. Affirms 35-year sentence for conviction of Class A felony voluntary manslaughter.
Stacey Johnson v. State of Indiana (NFP)
49A02-1201-CR-46
Criminal. Affirms convictions for Class A felony robbery and Class D felony criminal confinement.
Sadeeq Danbala v. State of Indiana (NFP)
49A04-1201-CR-27
Criminal. Affirms revocation of probation.
Billy D. Taylor v. State of Indiana (NFP)
85A02-1112-CR-1195
Criminal. Affirms sentence for failure to comply with conditions related to his status as a sex offender.
C. Dennis Wegner & C. Dennis Wegner & Associates, Professional Corporation v. Michael S. Miller, D.O., and Cohen Garelick & Glazier (NFP)
49A02-1112-CT-1159
Civil tort. Affirms in part and reverses in part, reversing and vacating trial court’s award of attorney fees for a protective order on Miller’s behalf and affirms trial court denying expenses on other motions on Miller’s behalf.
Stephen R. Harvey, Jr. v. State of Indiana (NFP)
92A03-1201-CR-21
Criminal. Affirms denial of motion to correct erroneous sentence.
7th Circuit Court of Appeals
Jason Halasa v. ITT Educational Services Inc.
11-3305
Civil. Affirms summary judgment ruling and costs in favor of ITT. Jason Halasa, who directed the company’s Lathrop, Calif., campus for six months in 2009, sued the school on a claim that his rights were violated under the False Claims Act. ITT said Halasa was fired for showing poor management skills and delivering inadequate results.
St. Joseph Probate Judge Peter Nemeth’s comments in denying an interpreter for an 18-year-old deaf person who was the subject of a guardianship proceeding have resulted in disciplinary charges filed by the Indiana Judicial Qualifications Commission.
A former director of a California ITT Technical Institute campus failed to convince the 7th Circuit Court of Appeals that he was terminated because he complained about the way the school handled federally subsidized student loans and grants.
A victim of a burglary will have to turn to the civil process to get restitution after the Indiana Court of Appeals reversed and remanded with instructions a trial court’s order that provided the victim with $711.95 in compensation.
Indiana is the third state in the nation to launch the Hope Card program which will help law enforcement quickly identify and take action against individuals who violate protective orders.
The Indiana Department of Child Services has begun the process of establishing child fatality review teams across the state.