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A plaintiff attempting to sue his employer for breach of contract should have been able to file an amended complaint with relation back to the date of the original complaint in order to correct the defendant even though the statute of limitations had expired, the 7th Circuit Court of Appeals concluded today.
The Indiana Court of Appeals agreed with the trial court that a homeowner’s insurance policy is clear that the ingestion of methadone by a guest at his house and his subsequent injuries are excluded from the policy’s liability coverage.
The Indiana Court of Appeals will visit Pike High School in Indianapolis this week to hear arguments in a case in which a man appeals his drug dealing conviction.
Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Molly C. Wilson v. Charles W. Wilson (NFP)
62A04-1004-DR-269
Domestic relation. Affirms order dissolving marriage and distributing marital property.
Claudia Scott v. State of Indiana (NFP)
49A05-1006-CR-385
Criminal. Affirms on interlocutory appeal the denial of Scott’s motion to suppress.
Kenneth Hawkins v. Debra Hawkins (NFP)
49A05-1007-DR-446
Domestic relation. The trial court abused its discretion by assigning a value of $181,800 to Kenneth’s vested pension without consideration of the present value of the benefit. Affirms in all other respects. Remands for further proceedings.
Steven A. Ratliff v. Marlene M. (Ratliff) Bontzolakes (NFP)
41A01-1005-DR-242
Domestic relation. Dismisses Ratliff’s appeal of the trial court order that he pay for college expenses incurred by his daughter.
Justin Looney v. State of Indiana (NFP)
20A03-1007-CR-395
Criminal. Affirms conviction of Class A felony dealing in cocaine but reverses his sentence and remands for re-sentencing. The trial court abused its sentencing discretion in finding Looney’s juvenile record and his lack of steady employment to be an aggravating circumstance.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Molly C. Wilson v. Charles W. Wilson (NFP)
62A04-1004-DR-269
Domestic relation. Affirms order dissolving marriage and distributing marital property.
The Indiana Supreme Court is now accepting applications for state public defender. The current state public defender, Susan Carpenter, is retiring in May.
The 7th Circuit Court of Appeals will decide whether several Indiana school corporations discriminate against girls’ basketball teams by scheduling more of their games on weeknights as compared to the boys’ basketball games.
A trial court judge should be the one to determine whether a defendant who completes an educational degree before sentencing is entitled to educational credit time, the Indiana Supreme Court ruled Thursday.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Paternity of X.K.T.; J.L.H. v. B.L.T. (NFP)
67A01-1005-JP-212
Juvenile. Dismisses father’s appeal of the trial court order against him finding him in contempt for failure to pay child support.
Robert Tillinghast v. State of Indiana (NFP)
15A01-1010-CR-556
Criminal. Revises sentence following guilty plea to Class D felony receiving stolen property. Remands to the trial court to suspend one year of the sentence to probation.
Term. of Parent-Child Rel. of P.L., A.L. v. I.D.C.S. (NFP)
20A04-1008-JT-483
Juvenile. Affirms involuntary termination of parental rights.
Dorothy Woods, et al. v. City of Muncie and Muncie Police Dept. (NFP)
18A04-1006-CT-358
Civil tort. Affirms summary judgment in favor of the City of Muncie and the Muncie Police Department in a suit for false imprisonment and other claims.
Earlie B. Berry, Jr. v. State of Indiana (NFP)
02A03-1006-CR-366
Criminal. Affirms sentence following guilty plea to Class D felony theft.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Paternity of X.K.T.; J.L.H. v. B.L.T. (NFP)
67A01-1005-JP-212
Juvenile. Dismisses father’s appeal of the trial court order against him finding him in contempt for failure to pay child support.
The Indiana Attorney General’s Office filed a pair of civil consumer deception lawsuits Wednesday against two non-attorneys for offering immigration services that constitute the unauthorized practice of law.
Members of the bar and the public are invited to comment as to whether United States Magistrate Judge Michael G. Naville of the U.S. District Court for the Southern District of Indiana, New Albany Division, should be reappointed to a new four-year term.
The forum, “National Energy Security: Challenges and Opportunities for the Midwest” at Indiana University School of Law – Indianapolis March 25 brings together state leaders, entrepreneurs, and experts to discuss energy security. The event is open to the public and also offers CLE credit.
A case involving the issue of a prosecutor’s use of a peremptory strike against an African-American member of the jury pool has appeared before the 7th Circuit Court of Appeals for the third time. This time, the judges vacated the two defendants’ murder and robbery convictions and ordered a new trial.
The Indiana Court of Appeals ordered a new trial for a sex offender convicted of failing to register while having a prior conviction. The court ruled the evidence regarding his prior convictions for failing to register shouldn’t have been admitted at trial.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Jerrell D. White v. State of Indiana
15A01-1008-CR-463
Criminal. Affirms conviction of Class D felony theft and reverses conviction of Class D felony receiving stolen property for violating double jeopardy. There is insufficient evidence to support the habitual offender finding. Affirms remaining three-year sentence for theft conviction. Remands with instructions.
Thomas P. Burke v. American General Financial Services, Inc. (NFP)
29A02-1008-PL-925
Civil plenary. Affirms on interlocutory appeal the grant of a motion to appoint a receiver filed by American General Financial Services.
Joshua Murrell v. State of Indiana (NFP)
49A02-1005-CR-552
Criminal. Dismisses appeal of the denial of demand for trial setting and motion to transport defendant to Marion County Jail for purpose of trial preparation or competency evaluation, and motion for discharge under Indiana Criminal Rule 4(C).
James D. Imel, Jr. v. State of Indiana (NFP)
16A01-1009-CR-471
Criminal. Affirms conviction of and sentence for Class C felony reckless homicide.
William C. Lansford v. State of Indiana (NFP)
71A03-1004-CR-178
Criminal. Affirms conviction of Class B felony burglary.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
Peggy Abner and Linda Kendall v. Scott Memorial Hospital
10-2713
U.S. District Court, Southern District of Indiana, New Albany Division, Chief Judge Richard L. Young.
Civil. Denies motion to file an oversized brief and affirms summary judgment for Scott Memorial Hospital in a suit under the False Claims Act. Finds the appeal has no merit and the appellant’s attorney flagrantly violated the word limit for the brief.
The Indiana Supreme Court Disciplinary Commission has elected three new officers, the high court announced today.
Reversing her decision from a month ago, a federal trustee has determined that former East Chicago Mayor Robert Pastrick’s income is not too high to qualify for Chapter 7 bankruptcy and his filing should not be considered to be an abuse of the process.
The majority of an Indiana Court of Appeals panel today reversed a conviction of marijuana possession after the defendant contended there was insufficient evidence that she constructively possessed the drug.