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The Indiana Court of Appeals reversed the grant of a stepfather’s motion for change of venue from the judge, holding the man is not a party to the underlying paternity action and therefore isn’t entitled to a change of venue from the judge under Indiana Trial Rule 76.
The Indiana Supreme Court has taken the appeal of a Marion County judge’s decision that ordered Democratic members of the Indiana House be refunded the money withheld from their paychecks due to a walkout in 2011.
The Indiana Court of Appeals granted the state’s request for rehearing to address the argument that its earlier decision on a man’s sentence conflicts with an Indiana Supreme Court decision. The appellate court reaffirmed its earlier decision in all respects.
In addressing whether a trial court in Indiana erred in dismissing a woman’s petition for modification of child support previously entered in Maryland, the Indiana Court of Appeals noted an incongruity in the statutory scheme that leads to the “somewhat absurd result in this case.”
The Indiana Court of Appeals rejected a defendant’s claim that because he pleaded guilty to Class B felony child molesting instead of a Class A felony, the Credit Restricted Felon Statute shouldn’t apply.
The Indiana Judicial Center’s Domestic Relations Committee is seeking comment on proposed changes to the parenting time guidelines, which includes parenting coordination guidelines.
Indiana’s Mock Trial Program is seeking attorneys and other volunteers to help with the state competitions this year and in 2013. Indiana will host the National Mock Trial finals in 2013.
In a case of first impression involving a mother who ingested rat poison in an attempt to kill herself and her unborn child, one Indiana Court of Appeals judge felt that if the feticide statute is applied to women’s prenatal conduct, it might lead to a “slippery slope” in which a full range of a woman’s conduct while pregnant could fall under the feticide statute.
The Indiana Supreme Court decided Tuesday to hear the appeals of a Marion County judge’s decision that found Indiana Secretary of State Charlie White ineligible to hold office.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Justin Woodhouse v. State of Indiana (NFP)
56A04-1105-CR-324
Criminal. Dismisses appeal of the trial court’s denial of Woodhouse’s motion to dismiss the state’s notice of a probation violation.
Christopher Short v. State of Indiana (NFP)
48A05-1107-CR-362
Criminal. Affirms denial of motion for discharge pursuant to Indiana Criminal Rule 4(B).
R.W. v. M.R. (NFP)
48A04-1106-MI-331
Miscellaneous. Reverses order on clarification granting M.R. visitation with R.W.’s minor children. Remands with instructions.
7th Circuit Court of Appeals
Roy Wirtz, et al. v. City of South Bend
11-3811
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms dismissal of the city’s motion to appeal a case arising under the First Amendment’s establishment clause. Although the city is challenging two appealable orders, the challenge is untimely. The appeal is also moot.
Because the state didn’t prove an essential element needed to convict a man of Class D felony sexual battery, the Indiana Court of Appeals threw out his conviction. But there was enough evidence to support convicting the man of Class B misdemeanor battery.
The Indiana Court of Appeals reversed the decision that would allow two homeowners to run a child care operation out of their residences. The homeowners’ association has restrictive covenants in place prohibiting the operation of a child care home.
The 7th Circuit Court of Appeals was presented a novel jurisdictional issue Tuesday: whether a municipal land use case can come within the exception to the doctrine of mootness for cases that are capable of repetition yet elude review.
The interviews of the 15 applicants to be the next Indiana Supreme Court justice begin Wednesday afternoon in the Indiana Statehouse.
The Democratic members of the Indiana House who faced fines for failing to attend sessions in protest of right-to-work legislation will be reimbursed any amount withheld in 2011, according to a ruling from Marion Superior Judge David Dreyer. The judge also ordered that any fines imposed this session may not be collected.
7th Circuit Court of Appeals had posted no opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Continental Electric Co., Inc. v. Gary Community School Corporation (NFP)
45A05-1105-PL-247
Civil plenary. Affirms denial of Continental Electric’s request for a preliminary injunction.
Meranda White v. State of Indiana (NFP)
49A02-1108-CR-687
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Daniel Thompkins v. State of Indiana (NFP)
49A04-1108-CR-429
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.
Michael V. Lane v. State of Indiana (NFP)
49A05-1108-CR-462
Criminal. Affirms denial of motion to correct erroneous sentence.
Indiana Court of Appeals
Continental Electric Co., Inc. v. Gary Community School Corporation (NFP)
45A05-1105-PL-247
Civil plenary. Affirms denial of Continental Electric’s request for a preliminary injunction.
The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of a northern Indiana middle school student who believed he would be expelled if he didn’t cover up his bracelet that said “I (heart) BOOBIES.”
The Health and Human Rights Clinic at Indiana University Robert H. McKinney School of Law is looking for attorneys to team with its clinical faculty to provide pro bono representation to low-income residents in Indianapolis.