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Husband allowed to petition for survivor’s allowance

Even though a wife had filed for divorce from her husband at the time she was killed, the husband is still allowed to petition for survivor’s allowance, the Indiana Court of Appeals affirmed Wednesday.

Court upholds judgment for doctor, health care center

A woman who challenged the grant of summary judgment on her negligence claims in favor of the doctor who performed her breast reduction surgery and the heath care center where it was performed lost her appeal before the Indiana Court of Appeals.

AG’s office begins distribution of funds to State Fair victims

The estates of the seven people killed by the stage collapse at the Indiana State Fair in August will receive at least $300,000 each if the offers extended by the state are accepted, Indiana Attorney General Greg Zoeller announced Tuesday.

Robel named interim provost at IU Bloomington

Indiana University Maurer School of Law Dean Lauren Robel has been named interim provost for IU’s Bloomington campus. She’s filling the role temporarily until a replacement can be found for Karen Hanson, who is leaving in January to become senior vice president and provost at the University of Minnesota.

Judge rules on case involving legislative walkout fines

A Marion Superior judge has ruled that state courts don’t have the ability to interfere with the Indiana General Assembly’s constitutional authority to pass laws or its own internal rules, including how it compels attendance or imposes fines.

Opinions Dec. 6, 2011 ILD

7th Circuit Court of Appeals had issued no Indiana opinions by IL deadline.

Indiana Court of Appeals
Toby Carroll v. State of Indiana (NFP)
48A04-1008-CR-572
Criminal. Affirms trial court’s order denying motion for jail time credit, holding Carroll was due no credit time for time served prior to sentencing.

Michael Anthony Castillo v. State of Indiana (NFP)
45A03-1104-CR-154
Criminal. Affirms sentence for Class C felony reckless homicide. Holds that while trial court abused its discretion by using an improper aggravating factor, Castillo’s sentence is not inappropriate in light of the nature of the offense and his character.

Cameron Jones v. State of Indiana (NFP)
49A04-1103-CR-102
Criminal. Affirms conviction of felony murder.

Spencer Norvell v. State of Indiana (NFP)
18A02-1104-CR-349
Criminal. Affirms conviction of Class C felony trafficking with an inmate.

A.D. v. State of Indiana (NFP)
49A02-1105-JV-451
Juvenile. Affirms true finding that A.D. committed an act that would constitute the offense of Class B felony attempted robbery if committed by an adult.

Term. of Parent-Child Rel. of H.B., B.B., and J.M.; C.M. v. Indiana Dept. of Child Services, and Lake County Court Appointed Special Advocate (NFP)
45A03-1104-JT-144
Juvenile. Affirms termination of mother’s parental rights.

Travis L. Anderson v. State of Indiana (NFP)
12A02-1103-CR-194
Criminal. Affirms sentence of six years, with one suspended to probation, for Class B misdemeanor visiting a common nuisance.

Gary Jones v. State of Indiana (NFP)
49A02-1105-CR-400
Criminal. Affirms conviction of Class D felony theft.

In Re the Marriage of: Duane Maxwell Jennings v. Richelle Danea Jennings (NFP)
49A04-1101-DR-60
Domestic relation. Holds that marriage dissolution decree committed a clerical error in not requiring the wife to transfer car title to the husband and remands for action consistent with opinion. Affirms decree in other regards.

Ronald Coldren v. State of Indiana (NFP)
34A04-1106-CR-320
Criminal. Affirms conviction of Class B felony robbery.

Toriano Meade v. State of Indiana (NFP)
49A02-1104-CR-363
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana and Class B felony possession of cocaine.

Louis D. Cole v. State of Indiana (NFP)
45A03-1105-CR-199
Criminal. Affirms sentence for Class A felony voluntary manslaughter.

Term. of Parent-Child Rel. of S.S., C.T., K.G.T., and K.M.T.; L.S. and A.T. v. Indiana Dept. of Child Services (NFP)
10A04-1102-JT-92
Juvenile. Affirms termination of parental rights for mother and father.

Indiana Supreme Court and Indiana Tax Court had issued no opinions as of IL deadline.
 

Opinions Dec. 6, 2011

Indiana Court of Appeals
A.A.Q. v. State of Indiana
71A03-1105-JV-239
Juvenile. Affirms judgment of juvenile court finding A.A.Q. a juvenile delinquent for committing an act that would have been Class A misdemeanor trespass if committed by an adult. Holds that A.A.Q. and his parents waived the right to counsel.

Federal Civil Practice Update Dec. 16

Indiana Lawyer is sponsoring the annual Federal Civil Practice Update for the Southern District of Indiana: Practical Tips from the Bench and the Bar CLE event on Dec. 16 in Indianapolis. Speakers are chair and moderator John Maley, Barnes & Thornburg; Hon. Richard Young, chief judge, U.S. District Court, Southern District of Indiana; Hon. Mark Dinsmore, magistrate judge, U.S. District Court, Southern District of Indiana; Hon. Denise LaRue, magistrate judge, U.S. District Court, Southern District of Indiana; Donald Wall, counsel to the Circuit Executive, 7th Circuit Court of Appeals; and Laura Briggs, clerk, U.S. District Court, Southern District of Indiana.

Registration begins at 1 p.m.; the program runs from 1:30 to 4:45 p.m. at Barnes & Thornburg, 5th Floor Conference Center, 11 S. Meridian St., Indianapolis. Attendees are invited to a reception following the program. The cost to register is $90 or $80 for government employees. Three hours of CLE and New Lawyer credit is available. Click here
to register online or to download a printable registration form. For questions or more information, contact Karen Aruta at 317-472-5201 or [email protected].

Appellate court rules in judge’s favor

Trial courts don’t have the authority to issue orders against other courts and judges mandating that they stop certain practices, the Indiana Court of Appeals has ruled.

COA affirms denial of motion to suppress

The actions of police officers who showed up on a man’s property to investigate a complaint – which led to the discovery of marijuana plants – were reasonable, according to the Indiana Court of Appeals.

Appellate court rules on insurance coverage case

The Indiana Court of Appeals has ruled in favor of a group of insurance companies that argued a waste management company couldn’t seek coverage for asbestos and related worker injuries under policies signed by corporate predecessors before 1986.

COA finds no error in juvenile adjudication

The Indiana Court of Appeals has affirmed a juvenile court’s decision to place a minor in a residential treatment center, holding sufficient evidence exists to support the court’s dispositional order.