Indiana justice gender issue resurfaces
Experts say a lack of multiple female Indiana Supreme Court finalists raises concerns.
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Dickson takes oath as Indiana chief justice
Indiana Chief Justice Brent Dickson formally took the oath of office Aug. 6 before more than 300 people in the atrium of the Indiana Statehouse.
Bar introduces business school for lawyers
The Business Law Section of the Indiana State Bar Association is addressing the growing need among lawyers to know good business practices like payroll, inventory, accounting and advertising in order to keep their firms open.
The case against Bei Bei Shuai
Marion County Prosecutor Terry Curry never expected the prosecution of Chinese immigrant Bei Bei Shuai to become a cause célèbre. It also has become a battleground over prosecutorial discretion and how far a defense attorney can go in representing her client.
Opinions Aug. 13, 2012 ILD
The 7th Circuit Court of Appeals posted no Indiana opinions prior to IL deadline.
The Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.
Indiana Court of Appeals
Kendrice Dorsey v. State of Indiana (NFP)
46A04-1109-PC-563
Criminal/post-conviction relief. Appeals trial court denial of post-conviction relief for Class A felony possession of cocaine with intent to deliver.
Elsa M. McLaughlin v. John C. Clark and Zore's, Inc. (NFP)
49A02-1109-CT-862
Civil tort. Affirms trial court ruling in favor of Clark.
Gene Hildebrandt v. Pepsi America a/k/a Globe Transport (NFP)
93A02-1111-EX-1033
Executive administrative/workers’ compensation. Affirms denial of application for adjustment of claim.
Warren Parks v. State of Indiana (NFP)
81A01-1201-CR-19
Criminal. Affirms trial court order of contempt of court.
Cleverly Lockhart v. State of Indiana (NFP)
34A04-1204-CR-226
Criminal. Affirms trial court denial of motion to correct erroneous sentence.
Marshall Jackson v. Beckie Bennett (NFP)
49A02-1112-MI-1199
Miscellaneous. Affirms denial for petition of writ of habeus corpus.
In the Matter of the Term. of the Parent-Child Rel. of D.Y.; M.Y. v. Indiana Dept. of Child Services (NFP)
79A02-1112-JT-1121
Juvenile/termination. Affirms trial court termination of parental rights.
Rachel Ann Ruch v. State of Indiana (NFP)
57A05-1202-CR-96
Criminal. Affirms trial court judgment for restitution from a conviction of Class B felony dealing in methamphetamine.
Term. of Parent-Child Rel. of E.Y., Minor Child; A.Y., Mother v. Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A04-1112-JT-702
Juvenile/termination of parental rights. Affirms termination of parental rights.
Jeffrey M. Steffen v. State of Indiana (NFP)
19A04-1110-CR-588
Criminal. Affirms convictions of four Class D felony counts of intimidation and theft.
Sherri Hilenburg and Dennis Hillenburg v. Paul D. Reeves and Norma J. Reeves Revocable Trust; Paul Reeves, Norma J. Reeves and John Reeves (NFP)
53A04-1111-PL-615
Civil plenary. Affirms denial of motion to correct error.
Opinions Aug. 13, 2012
Indiana Court of Appeals
CSL Community Association, Inc. v. Clarence Ray Meador
40A01-1112-MI-579
Miscellaneous. Reverses trial court’s grant of Meador’s motion for declaratory judgment that abrogated his obligation to pay homeowner’s association dues, finding that the evidence does not support the trial court’s conclusion that the changes in the community were so radical that the original purpose of the community and the deed restrictions were destroyed, and that the trial court erred in abrogating Meador’s obligation to pay dues and assessments.
Justices again take utility’s case against Fort Wayne
A decade-long legal dispute between the city of Fort Wayne and a water utility will make a second appearance before the Indiana Supreme Court. The case was the only one of 28 in which a petition seeking transfer to the high court was granted for the week ending Aug. 10.
Trial court erred in abrogating homeowner’s obligation to pay fees to HOA
The Indiana Court of Appeals reversed a trial court’s ruling that changes in a gated residential vacation and retirement community were so radical as to abrogate a homeowner’s obligation to pay yearly fees to the homeowners association.
Doctor owed no duty to release prenatal records to adoptive parents
A New York couple who adopted a child born in Lake County lost their appeal of an unsuccessful negligence claim against a doctor who did not provide requested prenatal records that would have revealed the child’s significant brain abnormalities before the adoption was finalized.
Mom’s progress leads court to reverse termination
A Grant County mother who lost parental rights to twin children won a reversal of the termination order after the Indiana Court of Appeals noted her progress in areas of concern to the Department of Child Services.
Appeals court affirms molestation conviction
A child molestation conviction will stand after the Indiana Court of Appeals on Monday rejected a defendant’s arguments that the conviction should be reversed because of a prosecutor’s references to the defendant's failure to testify and that the evidence was insufficient.
Court issues injunction against BMV
An Indianapolis single mother of six has had her driving privileges reinstated after a Marion Superior Court judge granted a preliminary injunction in a lawsuit brought by the American Civil Liberties Union of Indiana and private counsel Scott DeVries against the Indiana Bureau of Motor Vehicles.
Court affirms judgment against home contractor
A home repair contractor lost an appeal of an award against him, but he won’t have to pay the attorney fees of the party that won the judgment, the Indiana Court of Appeals ruled.
Woman unable to prove attorney actions were prejudicial
A woman’s petition for post-conviction relief on the grounds her trial counsel was ineffective was denied by the Indiana Court of Appeals.
Attorney suspended for taking client’s children from school for hours
A Morgan County attorney who picked up children from school on behalf of their father, who she was representing, and drove them around for several hours without notifying the custodial mother was suspended for six months.
More on Laurie Gray
I was raised in rural Indiana where good wives submit and obey and good children are seen and not heard. I went to college with the understanding that an educated good woman is a teacher or a nurse. So I became a high school teacher.
Court reverses summary judgment in mixed martial arts TV suit
A dispute over idea misappropriation and civil conversion involving the origin of televised mixed martial arts through HDNET Fights was sent back to the trial court Friday. The Court of Appeals ruled that Marion Superior Court’s grant of partial summary judgment in favor of a sanctioning body that had suggested the development of a similar idea was in error.
Opinions Aug. 10, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions prior to IL deadline.
Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.
Indiana Court of Appeals
Daniel Joseph Sheets v. State of Indiana (NFP)
76A03-1202-CR-53
Criminal. Affirms sentence for Class B felony dealing in methamphetamine.
Ronald Graham v. State of Indiana (NFP)
49A05-1111-CR-618
Criminal. Affirms concurrent sentences totaling 30 years for conviction on charges related to a shooting during a drug deal.
The Estate of Rose Graves v. Anonymous Nursing Home (NFP)
45A03-1112-CT-560
Civil tort. On rehearing, reaffirms trial court order dismissing the estate’s action.
Opinions Aug. 10, 2012
Indiana Court of Appeals
HDNET LLC v. North American Boxing Council
49A02-1112-PL-1146
Civil plenary. Reverses and remands trial court grant of partial summary judgment in favor of North American Boxing Council, finding the grant of summary judgment was erroneous as a matter of law as it pertains to the Indiana Uniform Trade Secrets Act, and that the Boxing Council’s civil conversion claim doesn’t fall within the criminal law exception to the IUTSA’s preemption provision.
Portion of malpractice statute of limitations ruled unconstitutional in some cases
A woman’s malpractice lawsuit against the estate of a Marshall County doctor who died more than two decades ago will go forward, the Indiana Court of Appeals ruled. The court found the two-year statute of limitations on medical malpractice claims unconstitutional in certain cases.