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The Indiana Supreme Court held Tuesday that separate actions by parents seeking damages for emotional distress from experiencing the stillbirth of their child are not barred by the Indiana Child Wrongful Death Act or the Indiana Medical Malpractice Act.
The Indiana Court of Appeals concluded that the right of first refusal set forth in a purchase agreement of land between neighbors could only be exercised between the two neighbors and didn’t apply to the sale of land by an estate.
On rehearing, the Indiana Court of Appeals addressed the issue of an ex-husband’s ability to pay incapacity maintenance to his spouse, but affirmed its original opinion in all respects.
Nearly two million new cases were filed in Indiana courts in 2010, a 3 percent increase as compared to 2001, according to the annual Indiana Judicial Service Report released Tuesday.
The Indiana University board of trustees appointed Hannah L. Buxbaum as acting dean of the Indiana University Maurer School of Law, effective Feb. 1. Buxbaum will serve as dean while the current dean, Lauren Robel, is interim provost for the school’s Bloomington campus.
The Supreme Court of the United States has accepted several cases, including the high-profile Arizona immigration lawsuit and a bankruptcy case from the 7th Circuit Court of Appeals.
7th Circuit had posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
Douglas Garwood v. State of Indiana (NFP)
35A02-1106-CR-588
Criminal. Affirms conviction of and sentence for Class B felony dealing in methamphetamine and reverses conviction of Class D felony possession of precursors with intent to manufacture methamphetamine.
Term. of Parent-Child Rel. of A.B.; K.S. v. The Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A04-1105-JT-255
Juvenile. Affirms termination of parental rights.
Lorenzo Stewart v. State of Indiana (NFP)
02A03-1104-PC-179
Post conviction. Affirms denial of petition for post-conviction relief.
Natosha Canfield, Individually, and Next Best Friend of D.C., Minor v. Clarian Health Partners, Inc. d/b/a Methodist Hospital (NFP)
49A02-1104-CT-292
Civil tort. Affirms grant of Clarian’s motion to strike and motions for summary judgment and partial summary judgment on Canfield’s suit claiming negligence and negligent infliction of emotional distress.
James Groff v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2011/december/12121106ehf.pdf
90A02-1106-CR-610
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Steven E. Abernathy v. State of Indiana (NFP)
23A01-1104-CR-182
Criminal. Affirms conditions of probation imposed following Abernathy’s guilty plea to Class D felony resisting law enforcement and Class A misdemeanor driving while suspended.
The Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Douglas Garwood v. State of Indiana (NFP)
35A02-1106-CR-588
Criminal. Affirms conviction of and sentence for Class B felony dealing in methamphetamine and reverses conviction of Class D felony possession of precursors with intent to manufacture methamphetamine.
The Indiana Supreme Court has accepted a case that deals with whether a tort claim filed by a son against his father should be precluded by the Indiana Guest Statute. The case prompted each judge on the Indiana Court of Appeals panel that heard the case to author an opinion.
U.S. District Judge Tanya Walton Pratt and Indiana Sen. Luke Kenley will receive honorary doctor of laws degrees from Ball State University at its winter commencement Dec. 17.
The former chairman of the Indiana Utility Regulatory Commission, David Lott Hardy, has been indicted by a Marion County grand jury on felony official misconduct charges, the Marion County Prosecutor’s Office announced Monday.
On the heels of the announcement that Chief Justice Randall T. Shepard is retiring from the Indiana Supreme Court, Indiana University announced this week that the justice will address graduates at the Bloomington campus’ winter commencement Dec. 17.
7th Circuit Court of Appeals had posted no opinions at IL deadline.
Indiana Court of Appeals
Paul B. Roberson v. State of Indiana (NFP)
48A02-1103-CR-334
Criminal. Affirms convictions of and sentence for six counts of Class A felony child molesting, one count of Class A felony attempted child molesting, four counts of Class C felony child molesting and one count of Class D felony obscene performance.
The Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Scott Pattison v. State of Indiana
85A02-1101-CR-88
Criminal. Affirms conviction of felony murder. The circumstantial evidence is sufficient to establish beyond a reasonable doubt that Pattison killed his wife. Affirms in all other respects.
The Indiana Court of Appeals rejected a man’s argument that even though his appeal was untimely, the court should still address his appeal because of “considerations of justice.”
The Indiana Court of Appeals found the circumstantial evidence presented at trial was sufficient to establish beyond a reasonable doubt that a man killed his wife.
The Indiana Court of Appeals hears arguments Monday on a question of first impression for the Internet-savvy 21st century: whether news outlets have any First Amendment or state journalistic shield protection from being required to disclose information that could help reveal the identities of people posting anonymous comments online.
The Indiana State Bar Association’s Young Lawyers Section is seeking speakers for its “Why Lincoln Was a Lawyer” outreach program.
The Judicial Council of the 7th Circuit is seeking applications for bankruptcy judge to fill a new position in the U.S. District Court for the Southern District of Indiana.
The Council of the American Bar Association Section of Legal Education and Admissions to the Bar has approved changes in the collection and publication of graduate placement data provided by law schools. The changes are aimed at enhancing the accuracy, timeliness and level of detail law schools must report to the ABA.