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The Indiana University School of Law – Indianapolis, Neighborhood Christian Legal Clinic, and the Central Indiana Peace Corps Association are hosting a poverty law event that will discuss issues facing American families.
For the first time, the Indiana Court of Appeals addressed a contract that included a provision stating the signee is responsible for 40 percent in attorney fees if a hospital had to initiate collection efforts to recover amounts owed.
The Indiana Department of Child Services and IARCCA, an Association of Children and Family Services, announced their agreement today in a dispute regarding reimbursement rate cuts. The dispute led to a lawsuit filed in late 2009 between the two organizations.
An Indiana Court of Appeals judge expressed concern that a woman’s criminal case may be affected by her admittance of violating several city ordinances after her dogs attacked two people.
Indiana Supreme Court history buffs have a new book to read. The Indiana Historical Society Press has published “Justices of the Indiana Supreme Court,” which explores the lives of the state’s 106 justices.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Term. of Parent-Child Rel. of M.W.; M.W. v. I.D.C.S.
32A01-1007-JT-322
Juvenile. Reverses termination of parental rights. Given the father’s efforts to comply with the amended plan and his release from incarceration soon after the hearing date, the trial court’s findings aren’t supported by clear and convincing evidence.
Term. of Parent-Child Rel. of M.W.; M.B. v. I.D.C.S.
32A01-1006-JT-382
Juvenile. Reverses termination of parental rights. Given the Department of Child Services' agreement to give mother a second chance, her severe stroke, and her recent progress at stabilizing her life, the trial court’s findings aren’t supported by clear and convincing evidence.
Steven Weinreb v. TR Developers, LLC, et al.
49A05-1003-CT-152
Civil tort. Affirms denial of Weinreb’s second Rule 60(b) motion alleging his signature on a loan guaranty was forged, negligence of his original attorney, and fraud on the part of an adverse party. The trial court did not abuse its discretion in denying his second motion because all of his alleged grounds for relief were known or knowable at the time of his first Rule 60(B) motion. Remands for a determination of whether TR Developers is entitled to an award of appellate attorney fees.
Indiana Spine Group v. Handleman Company
93A02-1008-EX-932
Civil. Reverses dismissal of Indiana Spine Group’s application seeking full payment for being time barred by statute. The statute of limitations under the Indiana Worker's Compensation Act only apply to claims of compensation and ISG’s claim seeks recovery for pecuniary liability. Remands for further proceedings.
Antonio Gonzalez Vazquez v. State of Indiana
09A05-1008-CR-466
Criminal. Affirms convictions of Class B felony criminal confinement, Class D felony stalking, and Class D felony theft. His appearance in jail clothes during the bench trial did not deny him due process. There was no error in the admission of the uncontested evidence.
Elsor Matthews, Jr. v. State of Indiana
27A02-1003-PC-370
Post conviction. Affirms denial of petition for post-conviction relief. Matthews hasn’t demonstrated the post-conviction court erred by determining he wasn’t prejudiced by any alleged error made by his trial or appellate counsel.
State of Indiana v. John Lovett
32A04-0910-CR-558
Criminal. Affirms on interlocutory appeal the pretrial order declaring certain proposed evidence from the state inadmissible as irrelevant or as hearsay. The state has not demonstrated the court’s order was an abuse of discretion.
James T. Bagby, Jr. v. State of Indiana (NFP)
34A02-1001-CR-158
Criminal. Affirms convictions of and sentence for two counts of Class B felony sexual misconduct with a minor.
James Wilhelm Jr. v. State of Indiana (NFP)
92A05-1006-PC-365
Post conviction. Affirms denial of petition for post-conviction relief.
Sarah Allen v. State of Indiana (NFP)
48A05-1006-CR-460
Criminal. Affirms sentence following guilty plea to Class A felony conspiracy to commit burglary resulting in bodily injury.
Dennis Sanders v. State of Indiana (NFP)
49A02-1007-CR-784
Criminal. Affirms conviction of Class D felony operating a motor vehicle while a habitual traffic offender.
Holly Ann Lewis (Staggs) v. Diana Nicholson and Gary Staggs, Jr. (NFP)
53A01-1006-DR-316
Domestic relation. Reverses order granting paternal grandmother Nicholson visitation with Holly Staggs Lewis’ minor son.
Matthew A. Flores v. State of Indiana (NFP)
02A04-1007-CR-434
Criminal. Affirms conviction of and sentence for Class B felony unlawful possession of a firearm by a serious violent felon.
Mary K. Layton v. State of Indiana (NFP)
90A02-1006-CR-681
Criminal. Affirms sentence following guilty plea to Class D felony theft.
The Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Term. of Parent-Child Rel. of M.W.; M.W. v. I.D.C.S.
32A01-1007-JT-322
Juvenile. Reverses termination of parental rights. Given the father’s efforts to comply with the amended plan and his release from incarceration soon after the hearing date, the trial court’s findings aren’t supported by clear and convincing evidence.
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 […]