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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.
Alecia DeCoudreaux, the top attorney for Eli Lilly and Co.’s U.S. unit, will leave to become president of Mills College, the Oakland, Calif.-based school announced Thursday.
The Indiana legal community has lost a former prosecutor and private attorney who, during his five decades of practice, established himself as a state and national expert in realty and development law.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Jeffrey Allen Rowe v. Indiana Dept. of Correction
46A03-1009-SC-444
Small claims. Dismisses interlocutory appeal of the trial court’s ruling on a motion filed by Rowe of a verified petition for an order waiving all or partial filing fees and court costs. The appellate court lacks jurisdiction because the small claims court’s ruling on his verified petition is not an interlocutory order appealable as a matter of right under Appellate Rule 4(A)(1), and because Rowe did not request a discretionary appeal pursuant to App. R. 14(B).
Leo Machine & Tool Inc., et al. v. Poe Volunteer Fire Dept. Inc., et al.
02A03-1003-PL-143
Civil plenary. Grants rehearing and affirms original opinion in full with the addition that the appellate court now also affirms the trial court’s summary judgment in favor of Anderson Excavating on the same legal grounds.
Christina Smith v. State of Indiana (NFP)
15A01-1003-CR-153
Criminal. Grants petition for rehearing and clarifies that Smith’s sentence should be revised to four years, with two years suspended to supervised probation.
Kathy Lynch v. Daryl and Elizabeth Ackerman (NFP)
37A03-1004-CC-193
Civil collection. Reverses judgment in favor of the Ackermans on Lynch’s complaint alleging breach of contract.
Jamie S. Weddle v. State of Indiana (NFP)
53A01-1006-CR-313
Criminal. Affirms convictions of Class A felony rape and Class B felony aggravated battery. Vacates conviction of Class D felony criminal confinement.
George Sheffer v. Gayle Sheffer n/k/a Gayle J. Curtiss (NFP)
45A05-1009-DR-543
Domestic relation. Affirms denial of George Sheffer’s motion to correct error.
State of Indiana v. Michael Williams (NFP)
49A02-1004-CR-412
Criminal. Reverses in part the court’s grant of Williams’ motion to suppress. Remands for further proceedings. Judge Riley dissents.
Frank E. Willis v. Keith Holder (NFP)
33A05-1009-CT-577
Civil tort. Affirms order granting summary judgment for Holder on Willis’ complaint for negligence.
Michael P. Wright v. State of Indiana (NFP)
34A05-1006-CR-412
Criminal. Affirms sentence following guilty plea to Class D felony resisting law enforcement.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
Anthony L. Smith v. Gilbert Peters, et al.
10-1013
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. Reverses District Court’s dismissal of Smith’s civil rights suit alleging prison employees violated his First and Eighth Amendment rights. Prison officials who recklessly expose a prisoner to a substantial risk of a serious physical injury may have violated a prisoner’s Eighth Amendment rights and therefore are subject to those remedies that aren’t barred by 42 U.S.C. Section 1997e(e). Also if the facts alleged in the complaint are true, Smith may have been punished for complaining about mistreatment. Remands for further proceedings.
The 7th Circuit Court of Appeals reversed the dismissal of a prisoner’s civil rights suit that stemmed from his lack of gloves while working in the cold to remove tree stumps.
Martha Wentworth started her new position as Indiana Tax Court judge this week.
A multitude of Indiana court rules are being examined for potential revision, and the legal community has a chance to offer comment about how those changes are made.
The nation’s highest court has refused to take two Indiana cases, including the high-profile abuse and neglect case of 3-year-old TaJanay Bailey that revealed fatal flaws in the state’s child welfare system.
Indiana Supreme Court posted no opinions before IL deadline.
Indiana Court of Appeals
Desmond Parks v. State of Indiana (NFP)
49A05-1003-CR-174
Criminal. Affirms conviction of Class D felony domestic battery.
Eddie G. Love v. State of Indiana (NFP)
20A03-1002-PC-76
Post-conviction. Affirms denial of petition for post-conviction relief.
Indiana Tax Court posted no opinions before IL deadline.
Indiana Court of Appeals
Desmond Parks v. State of Indiana (NFP)
49A05-1003-CR-174
Criminal. Affirms conviction of Class D felony domestic battery.
The Marion Superior Courts, Civil Division, and Circuit Court are pleased to announce that the Domestic Relations Counseling Bureau (D.R.C.B.) has relocated to the City County Building, East Wing, Fifth Floor, Room E540.
Eight luncheon CLEs are being offered by IndyBar’s Litigation Section in 2011 as part of their Litigation Trial Skills Series.
As 2011 dawns, with the year end accounting done and the pie generously sliced, it is time to ramp up for another year.
A special judge in Southern Indiana has ruled that the prosecutor who handled the first two triple murder trials of former state trooper David Camm can stay on to handle the third.
Indiana Federal Community Defender Bill Marsh made his debut appearance before the nation’s highest court on Jan. 12, arguing an Indiana case that questions whether vehicular flight from police is considered “violent” and warrants a higher sentence under the Armed Career Criminal Act.
After the Indiana Department of Corrections switched in the summer of 2010 from one victims’ notification service to another as a cost-saving measure, one northern Indiana county has restored its program with the previous service provider.
In a case that involves whether Medicaid applicants who were rejected can include information that was not in their initial applications when they appeal, the Indiana Supreme Court has set oral arguments for March 3 at 9 a.m.
Second-year law student Andrew Homan started Jan. 3 as the Indiana Bar Foundation’s new civics education program manager.