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Opinions Aug. 28, 2012 ILD

August 28, 2012

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.
 

Opinions Aug. 28, 2012

August 28, 2012

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.

7th Circuit orders disability case back to administrative law judge

August 28, 2012

Because the Social Security Administration Appeals Council did not consider new evidence when it was presented – despite its own regulations requiring it to do so – the 7th Circuit Court of Appeals sent a disability insurance benefits case back to the administrative law judge for further proceedings.

7th Circuit to DOC: Sex offender registry error safeguards insufficient

August 28, 2012

Indiana’s Sex and Violent Offender Registry provides insufficient means for those whose information is incorrect to challenge the information, the 7th Circuit Court of Appeals ruled Tuesday.

Court of Appeals finds 2006 statute does apply to 2001 violation

August 28, 2012

The Indiana Court of Appeals rejected a defendant’s ex post facto argument and affirmed a trial court’s decision to convict him of committing a sex offender residency offense.

COA affirms its reversal of trial court in land-use case

August 28, 2012

Property owners on a northwestern Indiana lake who argued their land was unconstitutionally taken lost their rehearing before the Indiana Court of Appeals.

In environmental suit, court properly vacated ruling for Bloomington dry cleaner

August 28, 2012

A Bloomington dry cleaner lost his appeal of a court’s order that vacated a prior ruling granting partial summary judgment in the businessman’s favor.

Student’s delinquency adjudication involving in-school incident reversed

August 28, 2012

A Ben Davis High School student won an appeal of his adjudication as a delinquent Tuesday after the Court of Appeals held the circumstances for which he was adjudicated did not meet the equivalent of Class D felony resisting law enforcement.

Court of Appeals finds insurer’s intent is not clear in policy language

August 28, 2012

Finding language in an insurance policy to be ambiguous, the Court of Appeals reversed and remanded a trial court’s entry of summary judgment for an insurance company.

Inmate loses challenge to law ending certain educational funding

August 28, 2012

The 2011 amendment that stopped state funding of postsecondary education programs in correctional facilities for convicted felons who are confined in a penal facility is not an ex post facto law nor does it violate an inmate’s constitutional rights, the Indiana Court of Appeals ruled.

Man’s convictions affirmed, but court orders record set straight

August 28, 2012

An Indianapolis man lost his criminal appeal Tuesday, but the Indiana Court of Appeals ordered the trial court to correct an abstract of judgment that incorrectly recorded a felony conviction.

Appeals court affirms order for expert witness to indemnify past employer

August 28, 2012

An expert for a plaintiff in a medical malpractice case who was ordered to execute a release indemnifying a former employer must do so, the Indiana Court of Appeals ruled Tuesday.

IBA Frontlines – Aug. 31, 2012

August 28, 2012

Read news from around the IndyBar!

Chinn: Back to School

August 28, 2012

At the law school level, I have already taken part in back-to-school activities. I met some 2L students at a reception at the Maurer School the other evening hosted by my law firm. And on behalf of the IndyBar, I spoke briefly to the incoming 1L class at the McKinney School at orientation weekend.

IBA: Greening Indy, One Recycled Computer at a Time

August 28, 2012

Young Lawyers Division (YLD) members rolled up their sleeves to help the environment at the division’s first-ever E-Cycling Drive held Friday, August 24.

IBA: Escape to Sedona this November with the IndyBar

August 28, 2012

Stargazing, sunsets over the Red Rocks and…CLE? This unlikely combination makes for a can’t miss trip to this year’s IndyBar Destination CLE, to be held at the Enchantment Resort & Mii amo Spa in Sedona, Arizona November 15 to November 17.

Disciplinary Actions – Aug. 31, 2012

August 28, 2012

Read who has resigned and who was suspended.

Inbox: Personal values and experiences define ‘all’

August 28, 2012

A letter in response to editor Kelly Lucas’ editorial on whether women in the law can have it all.

Inbox: Sometimes it is enough to be ‘good enough’

August 28, 2012

A letter in response to editor Kelly Lucas’ editorial on whether women in the law can have it all.

Inbox: Society doesn’t value genders equally

August 28, 2012

A letter in response to editor Kelly Lucas’ editorial on whether women in the law can have it all.

« Previous 1 … 2,011 2,012 2,013 2,014 2,015 … 2,392 Next »

In This Issue

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Immigration attorneys worry how ICE detainees will be treated at two slated Indiana sites

  • Birth certificate changes for seven transgender Hoosiers are in limbo

Most Read
  • Former credit union manager indicted on fraud charges

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Delphi killer Richard Allen transferred to Oklahoma facility 

  • Dustin Houchin: Taking a closer look at questions of justice and mercy

  • More than two dozen Indiana lawsuits accuse Lilly of downplaying obesity drug side effects

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