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The Indiana Court of Appeals reversed a trial court’s order that an indigent small claims litigant perform community service in lieu of paying a filing fee, holding the informal local rule requiring community service is unenforceable.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Adoption of L.C.E.; D.H. v. J.H. and J.D.E.
47A05-1008-AD-474
Adoption. Reverses adoption of L.C.E. by his maternal grandfather J.D.E. The stepfather, D.H., had custody of L.C.E. and his consent is required for the adoption of L.C.E. The trial court erred in granting the grandfather’s petition prior to the expiration of the 30 days provided for objection to be filed and prior to receiving D.H.’s properly filed objection.
Jeffery T. Curry, et al. v. Andrew Whitaker, et al.
49A02-1004-CC-398
Civil collections. Affirms summary judgment for Whitaker and Santa-Cruz Chavez on the Currys’ complaint for invasion of privacy by intrusion, invasion of privacy by false light, and intentional infliction of emotional distress. There is no genuine issue of material fact and Whitaker and Santa-Cruz Chavez are entitled to judgment as a matter of law.
Frank J. Akey, Personal Rep. of the Estate of Wayne Akey v. Parkview Hospital, et al.
02A04-1007-CT-441
Civil tort. Reverses summary judgment for defendants Parkview Hospital, Dr. McEowen, and Professional Emergency Physicians Inc. in Frank Akey’s complaint for damages following the death of Wayne Akey. The trial court’s exclusion of Dr. Mirro’s expert testimony on causation was an abuse of discretion. Remands for further proceedings.
Term. of Parent-Child Rel. of M.T.; R.T. v. Marion County DCS and Child Advocates (NFP)
49A02-1006-JT-731
Juvenile. Affirms involuntary termination of parental rights.
Martel K. Settles v. State of Indiana (NFP)
71A05-1003-CR-246
Criminal. Affirms convictions of Class B felony robbery.
Shelisa Wimbush v. State of Indiana (NFP)
45A04-1006-CR-337
Criminal. Affirms conviction of Class B felony aggravated battery.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Adoption of L.C.E.; D.H. v. J.H. and J.D.E.
47A05-1008-AD-474
Adoption. Reverses adoption of L.C.E. by his maternal grandfather J.D.E. The stepfather, D.H., had custody of L.C.E. and his consent is required for the adoption of L.C.E. The trial court erred in granting the grandfather’s petition prior to the expiration of the 30 days provided for objection to be filed and prior to receiving D.H.’s properly filed objection.
A Fort Wayne man is suing the Allen County Airport Authority because he claims a recently enacted resolution severely restricts his ability to protest the new screening procedures implemented by the Transportation Security Administration.
The 7th Circuit Court of Appeals ordered a Northern Indiana District Court to reconsider a German company’s discovery demands made in relation to a lawsuit pending in Germany over the alleged theft of trade secrets.
The Indiana Supreme Court, Court of Appeals, and Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court denied transfer to 16 cases for the week ending Jan. 21.
7th Circuit Court of Appeals
Applications of Heraeus Kulzer, GmbH, for orders compelling discovery for use in a foreign proceeding v. Biomet Inc., et al.
09-2858, 10-2639
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Reverses denial of applications to compel discovery for use in a lawsuit pending in a foreign court. The District Court committed two serious legal errors in its denial – concluding Heraeus Kulzer was trying to circumvent German law and turning down the company’s discovery request flat. Remands for further proceedings consistent with the opinion.
A House bill dealing with problem-solving courts and a Senate bill that involves administrative proceedings and administrative law judge disqualifications have made it out of their respective judiciary committees.
Jasper County became the state’s 26th county to go live on the Indiana Supreme Court’s Odyssey case management system. The county’s courts and clerk’s office joined the system Jan. 21, bringing the total of courts on Odyssey to 81.
An employee’s status at the time he or she files the claim is the relevant inquiry in determining whether he or she proceeds under the Wage Payment Statute or the Wage Claims Statute, ruled the Indiana Court of Appeals.
The new director of victim advocacy programs for the Indiana Attorney General’s Office was sworn in at 11 a.m. today in the Indiana University School of Law – Indianapolis Wynne Courtroom.
Even though a man who was temporarily found incompetent was detained in a facility for a period longer than his sentence would have been if he was convicted of Class A misdemeanor operating while intoxicated, the Indiana Court of Appeals upheld the denial of his motion to dismiss the charge.
7th Circuit Court of Appeals
Maria Tara Sutherland v. Wal-Mart Stores Inc.
10-2214
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms summary judgment in favor of Wal-Mart on Sutherland’s hostile work environment and negligent infliction of emotional distress claims. She did not present evidence that would allow a jury to conclude Wal-Mart is liable for the assault committed against her by Aguas.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Benjamin H. Steinberg v. State of Indiana
53A01-1001-CR-16
Criminal. Affirms conviction of and 65-year sentence for murder. There was no reversible error in any of the issues Steinberg raised on appeal and his sentence is appropriate.
John P. Osburn v. State of Indiana
38A04-1004-CR-281
Criminal. Affirms convictions of Class D felonies theft and insurance fraud and vacates the Class D felony obstruction of justice conviction and sentence on double jeopardy grounds. There is enough evidence to support his convictions, but a review of the record indicates that the jury likely used the same facts to convict Osburn of both theft and obstruction of justice.
Zachary K. Gootee v. State of Indiana
67A05-1006-CR-74
Criminal. Affirms sentence imposed upon re-sentencing for convictions of four counts of Class C felony forgery, three counts of Class D felony fraud, one count of Class D felony theft, and the determination that Gootee is a habitual offender. The trial court did not abuse its discretion upon re-sentencing by imposing the same aggregate sentence of 24 years and by imposing consecutive sentences.
Brian Bronaugh v. State of Indiana
49A02-1004-CR-384
Criminal. Affirms convictions of Class B felony attempted robbery, Class B felony possession of a firearm by a serious violent felon, Class D residential entry, and Class A misdemeanor carrying a handgun without a license. The trial court did not abuse its discretion when it denied Bronaugh’s trial counsel’s motion to withdraw and Bronaugh was not denied due process when he was forced to attend the first day of trial wearing his jail clothes.
Jodi McGookin, et al. v. Guidant Corporation, et al.
71A04-1001-CT-101
Civil tort. Affirms denial of motion to correct error, following the trial court ruling in favor of Guidant on the McGookins’ state law complaint following the death of Jodi McGookin’s newborn daughter. The trial court properly found the claims pre-empted by federal law. The label on the pacemaker had been pre-approved by the FDA and Guidant wasn’t required to include additional warnings.
Christopher K. Washington v. State of Indiana
45A03-1004-CR-226
Criminal. Affirms 35-year sentence following guilty plea to Class A felony battery. Washington’s mental illness bears little weight on the analysis of his character and he failed to carry his burden of proving his sentence has met the inappropriateness standard of review.
Brandy Lozier v. State of Indiana (NFP)
15A01-1007-CR-347
Criminal. Affirms revocation of probation and imposition of four years of Lozier’s previously suspended sentence.
S.R. v. T.R. (NFP)
79A02-1005-DR-617
Domestic relation. Affirms decision to allow father T.R. to have unsupervised parenting time with the parties’ minor children. Holds that trial court’s admonishment concerning any future contempt findings does not violate mother S.R.’s due process rights.
David D. Williams v. State of Indiana (NFP)
45A04-1004-CR-242
Criminal. Affirms conviction of and sentence for Class B felony burglary and determination that Williams is a habitual offender.
Mark W. Phillips v. State of Indiana (NFP)
35A05-1005-CR-343
Criminal. Affirms conviction of Class A felony child molesting but reverses sentence imposed on that count. Revises it to 40 years, to be served concurrently with the eight-year sentence previously imposed on Class C felony touching or fondling a 10-year-old child with the intent to arouse or satisfy his own sexual desires or that of the child.
Adoption of T.D.V. and M.B.V.; B.R. v. J.V. (NFP)
15A05-1006-AD-364
Adoption. Affirms denial of stepfather B.R.’s petition to adopt T.D.V. and M.B.V.
Josh R. Crager v. State of Indiana (NFP)
17A03-1006-CR-283
Criminal. Affirms sentence following guilty plea to Class B felony possession of methamphetamine within 1,000 feet of a public park.
Bonnie Warren v. State of Indiana (NFP)
49A02-1007-CR-713
Criminal. Affirms convictions of Class C felony burglary and Class A misdemeanor resisting law enforcement.
Paternity of B.W.; D.W. v. T.P. (NFP)
71A05-1006-JP-455
Juvenile. Affirms modification of legal and physical custody of B.W. in favor of mother T.P.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
Maria Tara Sutherland v. Wal-Mart Stores Inc.
10-2214
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms summary judgment in favor of Wal-Mart on Sutherland’s hostile work environment and negligent infliction of emotional distress claims. She did not present evidence that would allow a jury to conclude Wal-Mart is liable for the assault committed against her by Aguas.
The Marion Superior Executive Committee has postponed until Jan. 28 discussion of a new county judicial complex.
The Indiana Supreme Court heard three arguments this morning, including one case that it had granted emergency transfer to regarding whether the state should be constitutionally allowed to restrict robo-calls to residents.
Several Indiana hospitals are suing the Secretary of the U.S. Department of Health and Human Services over a Medicare reimbursement dispute.
The term of Magistrate Judge Paul R. Cherry of the U.S. District Court, Northern District of Indiana will expire this year and the District Court is seeking comment on whether the magistrate judge should be reappointed.
The trial courts in the state’s largest county have a new leadership lineup, and the Marion Superior Executive Committee has changed the time of its weekly business meetings. Its first meeting will bring up a much-discussed and significant concept of building a new judicial complex in Marion County.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Nathaniel Williams v. State of Indiana (NFP)
49A02-1005-CR-466
Criminal. Affirms convictions of Class B felony dealing in a narcotic drug and Class A felony dealing in a narcotic drug.
Daniel Buchanan v. State of Indiana (NFP)
07A04-1003-CR-181
Criminal. Affirms convictions of three counts of Class B felony armed robbery, and one count each of Class B felony criminal confinement and Class B felony burglary.
Deborah Walton, et al. v. Claybridge Homeowners Association, Inc. (NFP)
29A05-1006-MF-399
Mortgage foreclosure. Affirms summary judgment order granting foreclosure of a judgment lien on Walton’s residence in favor of Claybridge Homeowners Association.
Christopher M. Lee v. State of Indiana (NFP)
24A01-1006-CR-282
Criminal. Affirms aggregate sentence of 20-and-a-half years with 16 years executed and four-and-a-half years suspended to probation.
Anthony Bedolla v. State of Indiana (NFP)
49A02-1003-CR-368
Criminal. Affirms murder conviction.
Austin Zell v. State of Indiana (NFP)
48A05-1006-CR-371
Criminal. Affirms revocation of probation and order Zell serve three years in the Department of Correction.
Gregory Fording v. State of Indiana (NFP)
09A02-1006-CR-604
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.
Brian Biddle v. State of Indiana (NFP)
15A01-1005-CR-262
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement and the revocation of probation.
Michael Stiles v. State of Indiana (NFP)
49A02-1005-CR-590
Criminal. Reverses sentence following guilty plea to Class D felony operating a vehicle while intoxicated and to being a habitual offender. Remands with instructions to correct the sentencing order.
Indiana Tax Court had posted no opinions at IL deadline.