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Indiana Court of Appeals
Herbert Yanez v. State of Indiana
49A02-1104-CR-362
Criminal. Reverses conviction of possession of marijuana as a Class A misdemeanor and remands for further proceedings. There was no evidence presented as to why Yanez was stopped and the evidence presented didn’t establish the reasonableness of the state’s actions. Judge Barnes concurs in result in a separate opinion.
Because there was no evidence presented as to why a defendant was stopped or that the state’s actions were reasonable, the Indiana Court of Appeals reversed a man’s conviction of misdemeanor possession of marijuana.
The Supreme Court of the United States has declined to hear four cases from Indiana, and it has asked the federal government to weigh in on a pending appeal about alleged workplace harassment involving Ball State University.
The Indiana Court of Appeals affirmed summary judgment in favor of the Indiana Department of Insurance in a lawsuit filed by a former employee claiming wrongful termination.
Indiana University Maurer School of Law has partnered with the Jindal Global Law School in India to allow students to earn a juris doctor and an LLB in just over four years.
In a case of first impression, the Indiana Court of Appeals has ordered the trial court apply a modified test based on a New Jersey case to determine whether The Indianapolis Star must identify an online user whose comment is part of a defamation lawsuit.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Curtis Cole v. Review Board of the Indiana Dept. of Workforce Development, and Owen County (NFP)
93A02-1106-EX-510
Agency appeal. Affirms denial of unemployment benefits.
Patricia Claywell v. State of Indiana (NFP)
29A02-1106-CR-572
Criminal. Affirms conviction of operating a vehicle while intoxicated in a manner that endangers a person, elevated to a Class D felony on the basis of a prior conviction.
Matthew Weitzel v. State of Indiana (NFP)
08A05-1107-CR-336
Criminal. Affirms conviction of Class D felony possession of methamphetamine.
Term. of Parent-Child Rel. of N.T.; D.T. (Father) and E.L. (Mother) v. Indiana Dept. of Child Services (NFP)
20A03-1106-JT-278
Juvenile. Affirms termination of parental rights.
Indiana Court of Appeals
Curtis Cole v. Review Board of the Indiana Dept. of Workforce Development, and Owen County (NFP)
93A02-1106-EX-510
Agency appeal. Affirms denial of unemployment benefits.
The newly created task force formed by the Indiana Supreme Court to look into the practices and procedures used in Marion County Small Claims courts will hold its first of three hearings Wednesday.
A bill that would prevent the termination of the guardianship of an incapacitated minor once the minor turns 18 and legislation that allows a copy of a power of attorney to have the same effect as the original are before the Indiana House of Representatives on third reading Monday.
The Indiana Civil Rights Commission has received a $250,000 grant from the U.S. Department for Housing and Urban Development to increase public awareness of fair housing rights and responsibilities.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Barry Cook v. State of Indiana (NFP)
27A05-1107-CR-402
Criminal. Reverses conviction of Class B felony possession of cocaine and remands with instructions.
Todd A. Gray, Jr. v. State of Indiana (NFP)
71A05-1106-CR-308
Criminal. Affirms conviction of Class B felony attempted robbery.
Robert Kemp v. State of Indiana (NFP)
71A03-1107-CR-338
Criminal. Affirms convictions of Class A felonies rape and criminal deviate conduct.
7th Circuit Court of Appeals
United States of America v. Samuel T. Henzel
11-2293
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Affirms 135-month sentence imposed following guilty plea to traveling across state lines with the intent to engage in illicit sexual conduct. The District Court miscalculated the imprisonment range favorably to Henzel, and the sentence imposed is actually within the correctly calculated range.
The Indiana Tax Court has upheld the decision of the Indiana Board of Tax Review that a Tipton County assisted living facility failed to raise a prima facie case that it is exempt from property tax under Indiana Code 6-1.1-10-16.
The Indiana Supreme Court ruled Thursday that under Indiana Code 35-46-1-5(a), the enhancement of nonsupport of a dependent child to a Class C felony because of an arrearage of $15,000 or more is triggered by the dollar amount owed, regardless of how many children the parent has.
The 7th Circuit Court of Appeals upheld the 135-month sentence given to a man who drove from Illinois to have sex with a 12-year-old Westfield girl, finding that although the District Court miscalculated the imprisonment range, the defendant was sentenced within the correct guidelines range.
The seven lawyers in the running to be the next Indiana justice will be interviewed by the Judicial Nominating Commission Feb. 23.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court
Richmond State Hospital and All Other Similarly Situated State Institutions and Agencies v. Paula Brattain, et al.
49S02-1106-CV-327
Civil. Holds that the back pay recovery of the non-merit employees of the state should be limited in the same manner as the Court of Appeals has set forth for that of merit employees of the state. Remands with instructions to recalculate the non-merit employees’ back pay judgment based upon the time period beginning either 10 days before the complaint or 10 days before the filing of their grievances until the day the state eliminated its split-pay system, and summarily affirms the COA in all other respects.
Indiana Court of Appeals
Paternity of I.I.Y.; L.M.M. v. J.B.Y. (NFP)
84A01-1105-JP-236
Juvenile. Affirms conclusion that a change of custody was necessary. Reverses trial court’s child support award and remand with instructions that the trial court consider the relevant evidence when arriving at the child support award.
The Matter of the Term. of the Parent-Child Rel. of J.D. and R.G. v. Indiana Dept. of Child Services (NFP)
79A02-1108-JT-850
Juvenile. Affirms involuntary termination of parental rights.
City of Fort Wayne, Indiana v. Town of Huntertown, Indiana (NFP)
02A05-1107-MI-384
Miscellaneous. Affirms summary judgment for Huntertown. The trial court properly determined as a matter of law that Fort Wayne’s correspondence did not amount to a termination of an agreement regarding the treatment of sewage collected in Huntertown.
Roger L. Bushhorn v. State of Indiana (NFP)
40A01-1107-CR-315
Criminal. Reverses and remands with instructions to revise Bushhorn’s sentence to an aggregate term of 35 years for charges including Class A felony kidnapping. Affirms in all other respects.
Rosewood Management Company, Inc. v. Twyla Smith (NFP)
45A05-1107-CC-447
Civil collection. Affirms entry of judgment on the evidence in favor of Smith in a dispute as to whether Smith had to pay for damages to her apartment following a fire.
Jason B. Forrest v. State of Indiana (NFP)
91A05-1106-CR-324
Criminal. Affirms denial of motion to withdraw guilty plea.
Jason J. Kucenski v. State of Indiana (NFP)
20A05-1106-CR-353
Criminal. Reverses conviction of neglect of a dependent, but affirms 45-year sentence and conviction of dealing in methamphetamine. Remands for the trial court to vacate the neglect conviction and sentence for that charge.
State of Indiana v. Angela Bennett (NFP)
79A02-1110-PL-952
Civil plenary. Reverses order granting Bennett a restricted driver’s license.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court
Richmond State Hospital and All Other Similarly Situated State Institutions and Agencies v. Paula Brattain, et al.
49S02-1106-CV-327
Civil. Holds that the back pay recovery of the non-merit employees of the state should be limited in the same manner as the Court of Appeals has set forth for that of merit employees of the state. Remands with instructions to recalculate the non-merit employees’ back pay judgment based upon the time period beginning either 10 days before the complaint or 10 days before the filing of their grievances until the day the state eliminated its split-pay system, and summarily affirms the COA in all other respects.
The Indiana Court of Appeals rejected a man’s argument that he could not have been detained in the hospital for mental health reasons before an application for detention was filed, which occurred after facility security guards restrained him.