Indiana’s texting ban difficult to enforce
Police have issued few citations to motorists during the statute’s first year and there are questions whether the law is a deterrent.
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Indiana Court of Appeals finalists chosen
The governor has two months to name successor to Judge Carr Darden.
Lawyer-pilot named Aviator of the Year
Rod Taylor’s charitable efforts have raised millions for one Indiana hospital.
Court of Appeals upholds murder convictions
A man convicted of two murders failed in his appeal to the Indiana Court of Appeals, which ruled Monday that a Lake Superior Court did not err in allowing testimony about conflicting statements in reference to the fatal shootings.
Judges reduce award of damages to fired school employee
The Indiana Court of Appeals ruled that a fired bus driver and custodian for Peru Community Schools is entitled to damages for wrongful termination, but not the $175,000 a jury awarded him.
Opinions June 18, 2012 ILD
Indiana Supreme Court and Indiana Tax Court had issued no opinions by IL deadline.
Indiana Court of Appeals
Sandra Mourfield v. Melvin Mourfield (NFP)
48A05-1111-DR-666
Domestic relation. Reverses trial court’s grant of father’s petition to modify child support, holding the father’s retirement and reduced income were a result of his intentional criminal misconduct. Remands for the trial court to enter a new order reflecting father’s original child support obligation.
Corey Weaver v. State of Indiana (NFP)
49A04-1111-CR-612
Criminal. Reverses and remands with instructions to vacate either Class D felony criminal confinement or Class D felony pointing a firearm, along with the corresponding sentence, holding that the two charges arose from the same offense. Affirms the trial court in all other regards.
Indiana State Police v. Earnest Howard, Jr. (NFP)
45A04-1110-MI-568
Miscellaneous. Holds the trial court’s order overturning the decision of an Administrative Law Judge was in error, as was its denial of Indiana State Police’s motion to dismiss Howard’s petition. Reverses and remands to the trial court to reinstate the ALJ’s decision.
Courtney G. Tressler v. State of Indiana (NFP)
16A05-1112-CR-699
Criminal. Affirms 10-year executed sentence for Class B felony neglect of a dependant.
In Re the Term. of the Parent-Child Rel. of J.L.S., N.S., and M.S.; and A.S. and D.F., and J.S. v. The Indiana Dept. of Child Services (NFP)
79A02-1111-JT-1123
Juvenile. Affirms termination of parental rights for mother and the two fathers of her three children.
Kevin Perry v. State of Indiana (NFP)
49A05-1111-CR-575
Criminal. Affirms conviction of Class A misdemeanor battery.
Filmcraft Laboratories, Inc. v. 5200 Keystone Limited Realty, LLC (NFP)
49A02-1107-CT-676
Civil tort. Reverses trial court’s grant of summary judgment against Filmcraft Laboratories, holding that a Continuing Guaranty agreement does not show that Filmcraft would be liable for environmental clean-up costs. Affirms the trial court in other regards.
William Capps, Jr. v. State of Indiana (NFP)
29A02-1108-CR-694
Criminal. Reverses trial court’s decision to deny Capps’ motion for a directed verdict and remands for the court to vacate the conviction of and sentence for Class C felony battery and to enter a judgment of conviction for and sentence on the inherently included offense of Class A misdemeanor battery.
Tina R. Like Simmons v. State of Indiana (NFP)
63A05-1111-CR-615
Criminal. Affirms convictions of Class C felony neglect of a dependant, Class D felony possession of methamphetamine and Class D felony maintaining a common nuisance.
Opinions June 18, 2012
7th Circuit Court of Appeals
Joseph Agnew v. NCAA
United States District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
11-3066
Civil. Affirms District Court’s dismissal of lawsuit against the NCAA, holding plaintiffs failed to show that the NCAA’s policies limiting athletic scholarships violate the Sherman Act, because the case does not present for discussion the existence of a student athlete labor market.
Appeals court reverses summary judgment in business ownership dispute
The Indiana Court of Appeals on Monday reversed summary judgment in favor of defendants in a dispute involving ownership of a business.
Plaintiffs fail to prove NCAA violated Sherman Act
The 7th Circuit Court of Appeals affirmed a District Court in dismissing a lawsuit two former college athletes brought against the National Collegiate Athletic Association.
SCOTUS enters term’s final weeks; issues 4 opinions
The U.S. Supreme Court on Monday issued opinions on four cases.
WellPoint agrees to $90M settlement with former Anthem members
Indianapolis-based WellPoint Inc. has agreed to pay $90 million to settle a class-action lawsuit brought on behalf of more than 700,000 former members of Anthem Insurance Cos. Inc., lawyers for the plaintiffs said Friday afternoon.
Opinions June 15, 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.
Today's Opinions:
Indiana Court of Appeals
Otoniel Muro-Esparza v. State of Indiana (NFP)
79A05-1111-CR-589
Criminal. Affirms convictions of and sentences for Class B felonies conspiracy to commit robbery and robbery, and Class D felony theft.
Dale Douglas Perkins, Jr. v. State of Indiana (NFP)
16A01-1112-CR-603
Criminal. Affirms sentence for Class D felony operating a motor vehicle while intoxicated and Class D resisting law enforcement.
Opinions June 15, 2012
Indiana Court of Appeals
David Ashabranner v. Sandy Wilkins, f/k/a Ashabranner
22A01-1109-DR-411
Domestic relations. Affirms in part and remands in part. Affirms the trial court’s denial of emancipation of a child and remands for recalculation of child support payments, adjusting to include payment from the mother as well as the father.
Court affirms guilty but mentally ill sentence in DUI, resisting case
A six-year sentence for a man who fled from Greensburg police while intoxicated, crashed his van, injured his passenger and ran from the scene was affirmed Friday by the Indiana Court of Appeals.
Appeal affirms denial of emancipation; includes mother in support
The Indiana Court of Appeals affirmed a Floyd Superior Court ruling denying emancipation of a 19-year-old, but sent the case back to the trial court for recalculation of her support payments to include her mother as well as her father.
Teen Court to hold Super Saturday session
More than 30 volunteers will assist with 11 Teen Court cases from 9 a.m. to 1 p.m. June 16 at Reach For Youth, 3505 N. Washington Blvd., Indianapolis, 46205.
Bar foundation to receive $10,000 grant for training
The National Society Daughters of the American Revolution announced Friday that the organization will donate $10,000 to the Indiana Bar Foundation to teach about the United States Constitution. Funding for this project was made possible through the sponsorship of the Rushville, Ind. chapter, National Society DAR.
YLS teams with Make-A-Wish Foundation
The Indiana State Bar Association’s Young Lawyers Section is teaming up with the Make-A-Wish Foundation to sponsor a benefit concert at the Rathskeller Biergarten in Indianapolis from 4 to 9 p.m. June 17.
Opinions June 14, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
In Re the Term. of the Parent-Child Rel. of: C.V., O.V., and J.V. and G.J. v. The Indiana Dept. of Child Services (NFP)
10A01-1111-JT-516
Juvenile. Affirms termination of parental rights.
Ronald G. Becker v. State of Indiana (NFP)
45A03-1112-CR-539
Criminal. Affirms order vacating a determination that Becker was entitled to relief from reporting and registration requirements applicable to a sexually violent predator.
Darrell Warren v. State of Indiana (NFP)
29A02-1112-CR-1198
Criminal. Affirms sentence of Class D felony invasion of privacy.
Eddie R. Smith, Jr. v. State of Indiana (NFP)
34A04-1112-CR-658
Criminal. Affirms sentence following guilty plea to Class D felony failure to register as a sex offender.
In the Matter of the Adoption of M.L.B. v. K.J.R. and P.L.R. (NFP)
41A05-1107-AD-363
Adoption. Affirms order granting stepfather P.L.R.’s petition to adopt M.L.B.
Salvador S. Castro v. State of Indiana (NFP)
39A04-1107-CR-344
Criminal. Affirms trial court decision to not suspend any portion of Castro’s sentence for Class A felonies dealing cocaine and conspiracy to commit dealing cocaine and Class A misdemeanor carrying a handgun without a license.
Adam Mittler v. State of Indiana (NFP)
49A05-1112-CR-623
Criminal. Vacates portion of the trial court order that failed to credit Mittler’s time on home detention against his sentence and remands with instructions to calculate the time Mittler served in home detention and to credit such time against his sentence.
In Re: The Visitation of M.L.B.; K.J.R. v. M.A.B. (NFP)
41A01-1107-MI-285
Miscellaneous. Affirms order granting grandfather M.A.B.’s petition for visitation rights to M.L.B.
Opinions June 14, 2012
Indiana Court of Appeals
In Re the Term. of the Parent-Child Rel. of: C.V., O.V., and J.V. and G.J. v. The Indiana Dept. of Child Services (NFP)
10A01-1111-JT-516
Juvenile. Affirms termination of parental rights.