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Couple’s trial strategy worked against them

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.

Inmate’s public records request denied

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.

Judges order proceedings on guarantors’ liability

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.

Man did not validly waive right to jury trial

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.

Nurses may be expert witnesses in some standard of care disputes

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.

Immigration law challenge moves forward in Northern District

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 Surbeck receives national judicial award

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.

Opinions Aug. 14, 2012 ILD

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.
 

Opinions Aug. 14, 2012

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.

JQC files charge against St. Joseph Judge Peter Nemeth

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.

ITT college director fails in federal appeal over dismissal

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.

COA finds evidence supporting restitution order too flimsy

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.

Sentence affirmed for child molestation conviction

An Adams Circuit judge’s sentence of 90 years in prison for a man convicted of molesting two girls ages 7 and 9 and for being a habitual offender was not inappropriate, the Indiana Court of Appeals ruled Tuesday.

Appeals court sends dissolution lawsuit back to trial court

The dissolution of a family-owned limited partnership was remanded to a Lake County court Tuesday after the Indiana Court of Appeals ruled that the trial court erred in allowing some of the partners to pursue a derivative action.