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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.
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.
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.
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.
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.
The Indiana State Bar Association Young Lawyer Section received two first-place national awards Aug. 4 at the American Bar Association Young Lawyers Division annual conference in Chicago.
Attorneys looking to pay annual license fees have been met with an error message on the Indiana Appellate Clerk’s online portal this week.
The Indiana Court of Appeals reversed the part of a custody order modifying child support, finding the trial court miscalculated the mother’s current income and made other errors.
A Madison Circuit judge did not abuse his discretion in instructing the jury on operating a vehicle while intoxicated as a Class C misdemeanor, a lesser-included offense of drunk-driving charges a man faced, the Indiana Court of Appeals concluded.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Todd Slavin v. State of Indiana (NFP)
49A04-1111-CR-569
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
James A. Carr v. State of Indiana (NFP)
25A04-1112-CR-650
Criminal. Affirms murder conviction.
Nicole (Mooney) Thompson v. Terry Mooney, Jr. (NFP)
41A05-1201-DR-48
Domestic relation. Affirms order regarding the custody of T.M.
Gregory A. Smyser v. State of Indiana (NFP)
32A01-1112-CR-586
Criminal. Affirms order imposing balance of previously suspended sentence upon revocation of probation.
Indiana Bureau of Motor Vehicles v. Katherine Linton-Waltman (NFP)
49A02-1203-MI-237
Miscellaneous. Affirms order denying the BMV’s “intervenor’s motion for relief from judgment” in an action involving the grant to Linton-Waltman of a restricted driver’s license because of a hardship.
Robert Oldham v. State of Indiana (NFP)
49A02-1106-CR-633
Criminal. Affirms denial of motion to correct erroneous sentence.
Tina Glover v. Indiana Family and Social Services Administration (NFP)
15A01-1107-MI-316
Miscellaneous. Dismisses Glover’s appeal of the order dismissing her petition for judicial review with prejudice.
Marquise T. Holmes v. State of Indiana (NFP)
02A03-1110-CR-490
Criminal. Affirms convictions of Class B felonies battery and neglect of a dependent.
Anthony W. Smith, Bobby J. McDaniel v. State of Indiana (NFP)
35A04-1112-CR-662
Criminal. Affirms attempted murder convictions and sentences of Smith and McDaniel.
In the Matter of the Term. of the Parent-Child Rel. of: V.B. and Y.B. v. The Indiana Dept. of Child Advocates, Inc. (NFP)
49A02-1111-JT-1133
Juvenile termination. Affirms termination of parental rights.
7th Circuit Court of Appeals
Danny R. Richards v. Michael Mitcheff, et al.
11-3227
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Reverses dismissal of Richards’ lawsuit alleging the defendants violated his Eighth Amendment rights by indifference to his serious medical condition and remands for further proceedings. The suit could not be properly dismissed under Rule 12(b)(6) or Rule 12(c) because Indiana allows the statute of limitations to be tolled while one is incapacitated, which is what Richards argued as to why he didn’t file his complaint within the applicable time period.
A federal judge was incorrect in dismissing an inmate’s lawsuit alleging Eighth Amendment violations by prison staff who ignored his abdominal pain for months until the inmate was diagnosed with ulcerative colitis, the 7th Circuit Court of Appeals ruled.
The Indiana Supreme Court Wednesday unanimously decided to deny the state’s petition for transfer of Kristine Bunch v. State, in which a divided Court of Appeals ruled Kristine Bunch is entitled to a new trial. Bunch was convicted of the murder of her son, who died in a fire in their mobile home.
The Indiana Judicial Nominating Commission has selected the three finalists for the Supreme Court vacancy: Hamilton Superior Judge Steve Nation, Tippecanoe Superior Judge Loretta Rush, and attorney Geoffrey Slaughter. The commission had whittled down the number of applicants from 22 to 10 in July, and then to three Wednesday evening.
The Indiana Judicial Nominating Commissions has finished interviewing the semifinalists who want to replace Frank Sullivan Jr. on the Supreme Court. The commission went into executive session around 4 p.m. Wednesday.
The Marion County Bar Association is hosting a retirement dinner for Senior Judge Carr Darden Sept. 14. Darden stepped down from the Indiana Court of Appeals last month. All proceeds from the event will benefit the MCBA and the Judge Carr L. Darden and Mrs. Lundy Darden Public Sector Legal Education Scholarship Fund.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Justin C. Woodhouse v. State of Indiana (NFP)
08A05-1111-PC-614
Post conviction. Affirms denial of petition for post-conviction relief.
Ty Evans v. State of Indiana (NFP)
49A04-1112-PC-697
Post conviction. Affirms denial of petition for post-conviction relief.
John Harrell v. State of Indiana (NFP)
70A01-1112-CR-590
Criminal. Affirms sentence following guilty plea to Class D felony possession of stolen property.
Term. of Parent-Child Rel. of K.T.K., K.C., & K.R.K. (Minor Children) and T.K. (Father) v. Indiana Dept. of Child Services (NFP)
15A01-1201-JT-14
Juvenile termination. Affirms termination of parental rights.
Derek Patton v. State of Indiana (NFP)
09A02-1111-CR-1046
Criminal. Affirms convictions of Class B felonies criminal confinement and aggravated battery.
Jerry Moss v. State of Indiana (NFP)
49A02-1112-CR-1148
Criminal. Affirms revocation of placement in community corrections.
Dorothy Miller, et al. v. City of Mishawaka, et al. (NFP)
71A03-1201-PL-3
Civil plenary. Affirms denial of Dorothy Miller’s complaint for declaratory relief and the judgment entered in favor of the city of Mishawaka, city planner Kenneth Prince and associate city planner Peg Strantz regarding the enforcement of a city ordinance regulating signs. Denies the city’s request for appellate attorney fees.
Jaron Yancey v. State of Indiana (NFP)
82A05-1112-CR-695
Criminal. Affirms conviction of Class A felony dealing in cocaine.
The Indiana Judicial Nominating Commission Wednesday interviewed 10 semifinalists to fill the vacancy on the Indiana Supreme Court created by the retirement of Justice Frank Sullivan Jr. Commission chair and Supreme Court Chief Justice Brent Dickson opened the interviews by asking each candidate what factors he or she believed the commission should be looking for in a justice.
7th Circuit Court of Appeals
Michael J. Alexander v. Mark McKinney
11-3539
U.S. District Court, Southern District of Indiana, Indianapolis Division. Chief Judge Richard Young.
Civil. Affirms dismissal of criminal defense attorney Michael Alexander’s lawsuit against Mark McKinney alleging violations of due process after finding McKinney, former Delaware County prosecutor, was entitled to qualified immunity because the complaint did not identify a depravation of a cognizable constitutional right. Alexander’s complaint is merely an attempt to recast an untimely false arrest claim into a due process claim.
The Muncie attorney who sued former Delaware County Prosecutor Mark McKinney, alleging due process violations following his arrest and acquittal on conspiracy to commit bribery charges, lost his appeal before the 7th Circuit Court of Appeals. The judges found the attorney was trying to recast an untimely false arrest claim into a due process claim.