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The Indiana Supreme Court has granted transfer on a St. Joseph County adoption case and fully adopted a holding by the state’s intermediate appellate court. In doing so, the state justices invited the prevailing biological mother to request attorney fees because of what it found to be possible frivolous or bad faith efforts.
The Indiana Supreme Court heard oral arguments today involving the subpoena of records from a domestic violence agency by a defendant who had been charged with two counts of Class A felony child molesting.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Ahmad Foster v. State of Indiana (NFP)
49A02-1005-CR-579
Criminal. Affirms denial of motion to modify sentence.
Joseph L. Robinson, III v. State of Indiana (NFP)
79A02-1002-CR-142
Criminal. Affirms conviction of Class B felony dealing in cocaine and adjudication as a habitual substance offender.
Terry W. Dimmett v. State of Indiana (NFP)
82A01-1003-CR-120
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony possession of precursors with intent to manufacture methamphetamine.
David A. Hottman, Jr. v. State of Indiana (NFP)
21A04-1006-CR-439
Criminal. Reverses sentence following guilty plea to two counts of Class A felony dealing a controlled substance within 1,000 feet of a public park. Remands with instructions.
Nathan D. Simpson v. State of Indiana (NFP)
48A02-1005-CR-649
Criminal. Affirms sentence following guilty plea to Class C felony child molesting.
Antoine Hill v. State of Indiana (NFP)
45A03-1008-PC-410
Post conviction. Reverses denial of petition for post-conviction relief and remands with instructions.
E.W. v. State of Indiana (NFP)
28A04-1009-JV-612
Juvenile. Affirms adjudication as a delinquent child for committing Class A misdemeanor criminal mischief if committed by an adult.
Kevin T. Pettiford v. State of Indiana (NFP)
18A02-1004-CR-572
Criminal. Affirms revocation of home detention with Delaware County Community Corrections.
James Edens v. State of Indiana (NFP)
15A04-1007-CR-518
Criminal. Affirms sentence following guilty plea to Class A felony dealing in methamphetamine.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Ahmad Foster v. State of Indiana (NFP)
49A02-1005-CR-579
Criminal. Affirms denial of motion to modify sentence.
The bill that would end a mandatory retirement age for certain judges and the bill that would unify Clark County courts are ready for third reading in their respective houses.
The Indiana Court of Appeals has ordered a new trial for a surgeon accused of medical malpractice during a stem cell collection procedure in which the patient died, finding that the trial court didn’t follow protocol in examining a potential juror’s impartiality and deciding whether to strike that person from the jury pool.
The Indiana Supreme Court released two opinions today regarding the service of protective orders to respondents.
Indiana Public Defender Susan K. Carpenter is retiring in May after almost 30 years in that position, the state’s highest court announced today.
The Indiana Court of Appeals has agreed to hear an appeal from the widow of the late Melvin Simon, putting on hold a legal dispute over the mall magnate's more than $2 billion estate.
7th Circuit Court of Appeals
Jeff Whitely, et al. v. Anthony Moravec, et al.
09-3302
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge David F. Hamilton.
Civil. Plaintiffs sued an Indiana company incorporated in New York to satisfy the penalty claims after the Indiana company entered into bankruptcy and was late paying wages and fringe benefits. Affirms the District Court correctly concluded that New York Bus. Corp. L. Section 630(a) doesn’t make defendants liable for a penalty under Indiana law.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Don J. Herrington Jr. v. State of Indiana (NFP)
34A02-1008-CR-924
Criminal. Affirms sentence following guilty plea to Class D felony intimidation.
Keith Hopkins v. State of Indiana (NFP)
02A05-1007-CR-426
Criminal. Affirms sentence following guilty plea to Class B felony possession of a firearm by a serious violent felon and Class A misdemeanor invasion of privacy.
D'Wan Maxwell v. State of Indiana (NFP)
49A02-1006-CR-622
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.
SS Enterprise v. La Joya Apartment, Inc. (NFP)
49A02-1005-CC-592
Civil collections. Affirms dismissal with prejudice of SS Enterprise’s complaint against La Joya Apartment.
Barbara L. Earle v. State of Indiana (NFP)
26A01-1005-CR-250
Criminal. Affirms conviction of and sentence for murder.
Joey Addison v. State of Indiana (NFP)
49A05-1006-CR-354
Criminal. Affirms conviction of felony murder.
Emily R. Meyer v. State of Indiana (NFP)
35A05-1007-CR-425
Criminal. Affirms sentence following guilty plea to Class A felony conspiracy to commit murder.
Timothy Allen Anderson v. State of Indiana (NFP)
48A05-1007-CR-436
Criminal. Affirms revocation of probation.
Tony Lee Parish v. State of Indiana (NFP)
20A05-1006-CR-398
Criminal. Affirms conviction of Class B felony burglary and sentences for that conviction, Class B felony conspiracy to commit robbery, and Class B felony robbery.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
Jeff Whitely, et al. v. Anthony Moravec, et al.
09-3302
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge David F. Hamilton.
Civil. Plaintiffs sued an Indiana company incorporated in New York to satisfy the penalty claims after the Indiana company entered into bankruptcy and was late paying wages and fringe benefits. Affirms the District Court correctly concluded that New York Bus. Corp. L. Section 630(a) doesn’t make defendants liable for a penalty under Indiana law.
Indiana Public Defender Susan K. Carpenter is retiring in May after almost 30 years in that position, the state’s highest court announced this morning.
When attorney John Kirkwood sees a garbage dump, his mind not only starts wandering toward the renewable energy that could be produced at that site but also an expanding field of law that’s drawing more lawyers into the environmental fold. These days, the mental images may be cornfields or municipal waste into ethanol, woody biomass […]
After the juvenile court adjudicated two minor children as children in need of services following their mother’s admission to allegations filed by the Indiana Department of Child Services, the majority of a Court of Appeals panel today reversed and remanded that finding in favor of the stepfather, who denied the allegations and asked for a fact-finding hearing. One Court of Appeals judge dissented, writing that she disagreed that the trial court violated the stepfather’s right to due process in this case.
The bankruptcy trustee for Fair Finance Co. has filed a lawsuit against Indianapolis attorney Stephen Plopper and his wife, saying they defaulted on a 2003 loan from the defunct Tim Durham-owned business and now owe $375,000.
The Indiana Supreme Court posted no opinions before IL deadline.
Indiana Court of Appeals
Deborah J. Wise v. David T. Hays, et al.
76A03-1006-PL-323
Civil. Reverses and remands trial court’s grant of the sellers’ Indiana Trial Rule 12(B)(6) motion to dismiss for failure to state a claim after a buyer filed a complaint against the sellers of real estate for fraud and negligence. Concludes that genuine issues of material fact exist as to whether the sellers made fraudulent misrepresentations on the sales disclosure form required by statute.
In the Matter of the Guardianship of J.Y., an adult; D.R. v. Carey Services, Inc., Guardian of the Person of J.Y.
27A02-1005-GU-744
Guardianship. Affirms trial court’s designation of Carey Services, Inc. as guardian of J.Y.’s person. D.R. raised one issue for review: whether the trial court abused its discretion when it designated Carey as guardian of J.Y.’s person although Carey, a domestic nonprofit corporation, cannot serve as a domiciliary personal representative of a deceased person’s estate under Indiana law.
Aubrey Davis v. State of Indiana (NFP)
49A02-1006-CR-672
Criminal. Affirms conviction, after a bench trial, of battery, as a Class A misdemeanor.
Billy Ard v. State of Indiana (NFP)
37A04-1001-CR-103
Criminal. Reverses and remands trial court’s denial, in part, of Ard’s motion for earned credit time.
David A. Allen v. State of Indiana (NFP)
49A02-1007-CR-745
Criminal. Affirms conviction following a bench trial for welfare fraud as a Class C felony.
Termination of Parent-Child Relationship of A.L., et al.; E.L. v. Indiana Dept. of Child Services (NFP)
29A04-1008-JT-540
Juvenile. Affirms termination of mother’s parental rights as to her minor children, M.F.L., M.L., H.L., and A.L.
Stylian Kaltsas v. Paul Harry Kaltsas (NFP)
49A02-1006-DR-676
Civil. Affirms the trial court’s order granting summary judgment to Paul Harry Kaltsas on Stylian Kaltsas’ motion to set aside the 1996 decree dissolving the parties’ marriage.
Tamikka S. Lucius v. State of Indiana (NFP)
45A04-1004-CR-251
Criminal. Affirms convictions of and sentences for causing death while operating a motor vehicle with a blood alcohol concentration of at least 0.15 percent; operating a motor vehicle while intoxicated; and causing serious bodily injury while operating a motor vehicle with a blood alcohol concentration of at least 0.08 percent.
The Indiana Tax Court posted no opinions before IL deadline.
Indiana Court of Appeals
K.D., et al. Alleged to be C.H.I.N.S.; S.S. v. Indiana Dept. of Child Services, et al.
49A02-1004-JC-462
Juvenile. Reverses and remands juvenile court’s adjudication that the appellant-respondent’s stepchildren were children in need of services. Concludes that where, as here, one party admits to CHINS allegations while another denies them, due process entitles the contesting party to a fact-finding hearing and adjudication. The mother admitted to the allegations in the petition, but the stepfather denied the allegations and requested a fact-finding hearing.
A 30-day unpaid suspension begins next week for Marion Superior Traffic Judge William Young, though the chief justice expects the Indiana Supreme Court would have issued a lengthier sanction if a settlement had not been reached in the misconduct case.