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The Indiana Court of Appeals reversed the dismissal of a workers’ compensation claim, finding the worker’s deposition testimony didn’t support the Indiana Worker’s Compensation Board’s finding that he admitted his condition stemmed from a single incident.
The Indiana Court of Appeals travels to LaPorte High School Tuesday to hear arguments in an insurance case.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Larry Bowyer v. Indiana Dept. of Natural Resources
09A05-0912-CV-740
Civil. Affirms order granting permanent mandatory injunction and damages in favor of the Indiana Department of Natural Resources, which said that Bowyer must remove the fill he placed in the lake and restore it to as close to its natural condition as possible. The trial court did not err in its application or construction of Indiana Code Section 14-26-2-6, and the order’s findings of fact, conclusions of law, and judgment were not clearly erroneous.
Stephen B. Reeves v. State of Indiana (NFP)
20A03-1006-PC-324
Post conviction. Affirms denial of petition for post-conviction relief.
Nicole Cooper v. State of Indiana (NFP)
34A02-1004-CR-506
Criminal. Affirms sentence imposed following revocation of probation.
Term. of Parent-Child Rel. of A.K. Jr., et al.; A.K. Sr. v. I.D.C.S. (NFP)
27A02-1009-JT-1004
Juvenile. Affirms involuntary termination of parental rights.
Jeremy Knoy v. State of Indiana (NFP)
79A02-1004-CR-431
Criminal. Affirms conviction of and sentence for felony murder.
Christopher Rondeau v. State of Indiana (NFP)
49A02-1006-CR-694
Criminal. Affirms murder conviction.
Bruce E. Wilson v. State of Indiana (NFP)
48A05-1007-CR-435
Criminal. Affirms sentence following guilty plea to Class D felony dealing in marijuana.
Shawn Hattery v. State of Indiana (NFP)
43A03-1002-CR-62
Criminal. Affirms convictions of and sentence for Class D felonies obstruction of justice, theft, criminal confinement, and sexual battery; Class A felonies burglary, attempted criminal deviate conduct, two counts of criminal deviate conduct, and three counts of rape; and Class C felony battery.
Terry Davis v. State of Indiana (NFP)
49A02-1006-PC-747
Post conviction. Affirms denial of petition for post-conviction relief.
Mauricio Carvajal v. State of Indiana (NFP)
43A05-1007-CR-463
Criminal. Affirms denial of motion to withdraw guilty plea.
Carnival Cruise Lines, Inc. v. Doris Beard (NFP)
45A04-1009-SC-529
Small claims. Reverses denial of Carnival’s motion to dismiss Beard’s claim.
Evan Sapp v. State of Indiana (NFP)
84A01-1006-CR-330
Criminal. Affirms sentence for Class D felony theft.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted one transfer and denied 23 for the week ending March 18.
Indiana Court of Appeals
Darryl Harris v. United Water Services, Inc.
93A02-1010-EX-1164
Civil. Reverses the decision by the Full Worker’s Compensation Board affirming the grant of United Water’s motion to dismiss. Harris’ deposition testimony doesn’t support the board’s finding that he admitted that his condition stemmed from a single incident and the board applied the wrong burden of proof. Remands for further proceedings.
The Indiana Supreme Court will decide whether a man convicted of murder and rape was denied effective assistance of appellate counsel.
In tackling a child support case involving a teenager’s emancipation, Indiana Court of Appeals judges disagree on what state statute defines as “enrolled” in college. One judge believes the majority wrongly reweighed evidence in this case to come to its decision.
The Indiana Supreme Court decided a case seven years ago but left for another day the answer to a question about governmental attorney fees, and now that specific issue has found its way to an appeal before the state’s second-highest appellate court.
7th Circuit Court of Appeals
United States of America v. Dennis Jamison
10-1515
United States District Court for the Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms Jamison’s conviction of possessing a sawed-off shotgun, in violation of 26 U.S.C. sections 5861(d) and 5845(a). During his trial, the district court permitted the government to elicit testimony from Jamison’s wife on cross-examination regarding Jamison’s aggressiveness. Jamison appeals his conviction, arguing that the question and his wife’s response were irrelevant, unfairly prejudicial, unduly cumulative, and lacked foundation. The government claims that the evidence demonstrated Mrs. Jamison’s bias and motive to lie.
The Indiana Supreme Court posted no opinions before IL deadline.
Indiana Court of Appeals
Kimberly Devlin v. Daniel L. Peyton
49A02-1008-DR-902
Domestic relation. Affirms dissolution court’s ruling regarding Peyton’s (father) parenting time, which was not disputed by Devlin (mother). Vacates dissolution court’s findings and conclusions regarding adoption proceedings that were pending in adoption court. Mother appealed the dissolution court’s conclusion that it had jurisdiction to address the adoption question and that she failed to establish that father’s consent to the adoption was not required.
Ryan Michael Bodnar v. State of Indiana (NFP)
45A03-1010-CR-518
Criminal. Affirms conviction, pursuant to a guilty plea, of Class A felony dealing in narcotics.
The Indiana Tax Court posted no opinions before IL deadline.
7th Circuit Court of Appeals
United States of America v. Dennis Jamison
10-1515
United States District Court for the Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms Jamison’s conviction of possessing a sawed-off shotgun, in violation of 26 U.S.C. sections 5861(d) and 5845(a). During his trial, the district court permitted the government to elicit testimony from Jamison’s wife on cross-examination regarding Jamison’s aggressiveness. Jamison appeals his conviction, arguing that the question and his wife’s response were irrelevant, unfairly prejudicial, unduly cumulative, and lacked foundation. The government claims that the evidence demonstrated Mrs. Jamison’s bias and motive to lie.
A National Jurist article listing “23 law profs to take before you die” included a professor at the Indiana University Maurer School of Law.
The Indiana Court of Appeals of Indiana will hear oral arguments on an appeal regarding a defendant’s conviction of Class D felony sexual battery March 24 at 11 a.m. at Indiana State University’s Hulman Memorial Student Union.
The Indiana Coalition Against Domestic Violence will host a training for volunteers for its Protective Order Pro Bono Project April 15 at its offices at 1915 W. 18th St., Indianapolis.
Employees who accept early retirement even in the worst economic times aren’t entitled to continued unemployment assistance, the Indiana Court of Appeals ruled today.
The Indiana Supreme Court is reviewing the rules on how out-of-state attorneys receive temporary admission to practice law before state administrative executive agencies.
Indiana Supreme Court posted no opinions before IL deadline.
Indiana Court of Appeals
Deago Tyree Hooper v. State of Indiana (NFP)
65A01-1005-CR-221
Criminal. Affirms conviction of Class B felony robbery.
Nicole Cooper v. State of Indiana (NFP)
34A02-1004-CR-507
Criminal. Affirms three-year sentence following conviction of unlawful possession of a syringe, a Class D felony.
Heather Lace v. State of Indiana (NFP)
20A05-1008-CR-521
Criminal. Affirms sentence of 40 years for Class A felony possession of methamphetamine in excess of 3 grams with intent to deliver.
James Freels v. Bethlehem Steel Corp. (NFP)
93A02-1007-EX-761
Civil. Affirms Indiana Worker’s Compensation Board’s dismissal of Freels’ Occupational Disease Act claim against his employer Bethlehem Steel Corporation.
John R. Willard v. State of Indiana (NFP)
20A04-1009-PC-565
Post conviction. Vacates Willard’s conviction of Class A felony attempted child molesting and remands for further proceedings consistent with this decision.
Raymond K. Haley v. Dalana K. Haley (NFP)
32A04-1009-DR-541
Domestic relations. Reverses trial court’s grant of the motion of appellee-respondent Dalana Haley for relief from judgment pursuant to Indiana Trial Rule 60(B)(8).
Jonathon Garrett v. State of Indiana (NFP)
49A02-1007-CR-798
Criminal. Vacates and remands with instructions Garrett’s sentence for Class D felony criminal confinement.
T.M. v. State of Indiana (NFP)
49A05-1008-JV-527
Juvenile. Affirms adjudication of T.M. as a juvenile delinquent for committing acts that would be burglary, attempted theft, and criminal mischief if committed by an adult.
Indiana Tax Court posted no opinions before IL deadline.
Indiana Court of Appeals
C.G. LLC v. Review Board of the Indiana Dept. of Workforce Devel., et al.
93A02-1004-EX-441
Civil. Reverses and remands decision by Appellee Review Board of the Indiana Department of Workforce Development that determined appellees/employees T.A., et al. were entitled to unemployment insurance benefits.
If you watch the NFL Network, you may have recognized a familiar name among the commentators. Indiana University School of Law – Indianapolis Dean Gary R. Roberts has been serving as an on-air legal analyst for the network discussing the current labor dispute between NFL owners and players.
Although sympathetic to a couple whose child was temporarily removed from the family’s home on child abuse concerns – a removal that was subsequently found not to be supported by probable cause – the 7th Circuit Court of Appeals affirmed summary judgment for Department of Child Services employees on qualified immunity grounds.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
North Willow Operating LLC, et al. v. Stephanie Clay
49A02-1004-CT-444
Civil tort. Dismisses appeal of North Willow Operating following the denial of their motion to dismiss, demand for arbitration and to compel arbitration. North Willow failed to timely bring the appeal.
Pioneer Title v. Chanda Gartin (NFP)
29A02-1004-SC-571
Small claims. Affirms judgment in favor of Gartin in a suit following Pioneer Title's disbursement of funds that were supposed to be held in an escrow account.
Natalie Long v. State of Indiana (NFP)
57A03-1009-CR-494
Criminal. Remands with instructions to inquire into Long’s ability to pay and modify the restitution order as appropriate and to set the manner of payment.
Duncan Dillard v. State of Indiana (NFP)
37A03-1007-CR-376
Criminal. Reverses conviction of Class C felony possession of cocaine.
Darby L. Hape v. State of Indiana (NFP)
19A01-1009-CR-499
Criminal. Affirms denial of petition for jail credit time.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
Mark Siliven, et al. v. Indiana Department of Child Services, et al.
10-2701
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms District Court conclusion that Terry Suttle, director of the Wayne County DCS, and case manager Amber Luedike were entitled to summary judgment on the federal claims on qualified immunity grounds, finding the constitutional rights allegedly violated were not clearly established in January 2008. Probable cause existed to remove C.S. from his father’s custody so there was no Fourth Amendment violation. The use of state action to protect C.S. from his father was reasonable.