Home » Search

Search Results

7256 results for 'articles'

To refine your search through our archives use our Advanced Search

Mother of stillborn fetus satisfies actual victim requirement in Med-Mal Act

The Indiana Court of Appeals held today that a mother who suffers a stillbirth due to medical malpractice qualifies as an
injured patient and satisfies the actual victim requirement under the Medical Malpractice Act, regardless of whether the malpractice
resulted in injuries to the mother, fetus, or both.

Court upholds discrimination claims in coroner’s office

The 7th Circuit Court of Appeals affirmed the finding that an African-American Marion County Coroner took action against his
white chief deputy coroner because of race, but ordered a reduction in the amount of compensatory damages the deputy coroner
could receive.

Federal office: No Hatch Act violations in Dearborn County

A federal government office has cleared two Dearborn County officials who’d been accused by the former county attorney
of violating federal law that restricts political activity for those involved with federally funded programs.

East Chicago casino case still alive

A years-long court battle over millions of dollars in East Chicago casino revenue remains alive after a Marion County judge
vacated an earlier dismissal of the civil suit and blocked the release of $8 million in disputed funds that had been part
of a settlement.

Opinions July 26, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Leonard
Townsend Jr. v. State of Indiana (NFP)
45A03-1004-PC-251
Post conviction. Affirms denial of petition for post-conviction relief.

B.H.
v. State of Indiana (NFP)
34A05-1002-JV-58
Juvenile. Affirms B.H.’s placement at the Department of Correction.

A.T.J.
v. State of Indiana (NFP)
71A03-0912-JV-582
Juvenile. Affirms order A.T.J. be placed in the custody of the Department of Correction.

Frank
W. Jackson III v. State of Indiana (NFP)
45A03-0907-CR-303
Criminal. Affirms conviction of Class B felony burglary.

A.B.,
Alleged to be C.H.I.N.S.; K.J. v. I.D.C.S. and Child Advocates (NFP)
49A02-1001-JC-35
Juvenile CHINS. Affirms finding A.B. is a child in need of services.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court didn’t grant any transfers for the week ending July 23.

Opinions July 26, 2010

7th Circuit Court of Appeals
United
States of America v. Mark Ciesiolka
09-2787
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Reverses conviction of knowingly attempting to persuade, induce, entice, and coerce a minor to engage in sexual
activity. Because the District Court failed to explain its ruling that the four-factor test for introducing evidence of prior
acts under Rule 404(b) was satisfied, and since the evidence introduced in unconstrained fashion is perhaps excessively prejudicial
in light of its probative value, reverses and remands for a new trial. Judge Ripple dissents.

Judge rules against Inlow heirs

A week after a bizarre court hearing where opposing attorneys took turns questioning one another on the witness stand, Hamilton
County Judge Steve Nation ruled Friday that the heirs of former Conseco Inc. executive Lawrence Inlow failed to justify their
attempt to remove Cincinnati-based Fifth Third Bank as the personal representative of the estate.

Nominations sought for numerous awards

If you know of a lawyer or judge who demonstrates dedication and professionalism above and beyond most, there are several
awards for which they may be considered. Deadlines are quickly approaching.

Opinions July 23, 2010 ILD

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Norman A. Donovan v. State of Indiana (NFP)
55A01-0912-CR-617
Criminal. Remands with instructions to merge operating a vehicle while intoxicated conviction into his operating with a 0.08 alcohol concentration equivalent conviction, vacate the OWI conviction, and enter judgment on the ACE conviction. Affirms in all other respects.

Willie L. Jackson v. State of Indiana (NFP)
90A02-1001-CR-23
Criminal. Affirms order to pay $1,767 in restitution.
 
Jimmy Yarbrough v. State of Indiana (NFP)
49A02-0912-CR-1217
Criminal. Affirms conviction of burglary as a Class B felony.
 
Kyla Phillips v. Hook-SuperX, Inc. (NFP)
36A01-1003-CT-142
Civil. Affirms trial court’s denial of Phillips’ motion for relief from judgment.
 
Frank Guajardo v. State of Indiana (NFP)
79A02-0912-CR-1234
Criminal. Affirms conviction and sentence because Guajardo may not challenge his guilty plea on direct appeal. However, the trial court erred by imposing a public defender fee without finding Guajardo had the ability to pay; the fee is reversed and the case remanded for a determination of Guajardo’s ability to pay.

Shawn M. Swartout v. State of Indiana (NFP)
92A05-1002-CR-66
Criminal. Affirms convictions of Class D felony possession of methamphetamine, Class D felony possession of a narcotic drug, Class A misdemeanor possession of marijuana, and Class A misdemeanor possession of paraphernalia.

Thomas Christman v. Matthew Christman (NFP)
85A02-0910-CV-1014
Civil. Affirms trial court’s judgment in Thomas Christman’s action to partition land filed against his son Matthew.

James E. Jennings v. State of Indiana (NFP)
87A01-1002-CR-34
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class C misdemeanor.

Anthony Franklin v. State of Indiana (NFP)
49A02-0912-CR-1241
Criminal. Affirms murder conviction following a bench trial.

James Ingersoll v. State of Indiana (NFP)
75A03-0911-CR-540
Criminal. Affirms post-conviction court’s denial of request for education credit time.

Wesley Smith v. State of Indiana (NFP)
55A01-0909-PC-440
Post-conviction. Affirms denial of petition for post-conviction relief.
 
Khalid M. Jackson-Bey v. State of Indiana (NFP)
45A04-0911-CR-646
Criminal. Affirms convictions of robbery, confinement, and battery.

Indiana Tax Court posted no opinions before IL deadline.
 

Opinions July 23, 2010

Indiana Court of Appeals
David
K. Murphy v. State of Indiana
18A02-1002-CR-213
Criminal. Reverses and remands trial court’s decision denying Murphy educational credit time. Murphy contended the
trial court is the proper authority to determine whether to grant educational credit time for receiving his general educational
development diploma prior to sentencing. The Court of Appeals agreed.

Opinions July 22, 2010 ILD

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
J.
John Marshall and Marjorie Marshall v. Erie Insurance Exchange a/s/o Cindy Cain
20A03-0908-CV-366
Civil. Granted a petition for rehearing and again affirmed the trial court opinion the Marshalls had a duty to exercise reasonable
care to prevent an unreasonable risk of harm to neighboring landowners arising from the condition of trees on their property
and further held they had breached that duty.

Trevor
Brieger v. State of Indiana (NFP)
49A02-0907-CR-617
Criminal. Affirms convictions of rape and criminal deviate conduct as Class B felonies.

Termination
of Parent-Child Relationship of S.H.; A.W. v. Indiana Dept. of Child Services (NFP)
76A05-1001-JT-42
Juvenile. Affirms termination of parental rights.

Bruce
Gunstra v. Salin Bank and Trust Company (NFP)
49A02-0912-CV-1274
Civil. Affirms trial court’s order granting the motion of Salin Bank and Trust Company for pre-judgment garnishment
of any distributions to Gunstra by two limited liability companies of which he is a member.

Anthony
Phillips v. State of Indiana (NFP)
48A02-0912-CR-1269
Criminal. Affirms trial court’s revocation of probation.

Indiana Tax Court
Indiana
Dept. of State Revenue, Inheritance Tax Division v. Estate of Katherine S. Boehle, Deceased
49T10-0811-TA-62
Tax. Affirms Marion Probate Court’s denial of the Indiana Department of State Revenue, Inheritance Tax Division’s
motion to correct error. The issue for review was whether the probate court erred in determining the estate’s inheritance
tax liability regarding a trust that the decedent set up to provide for her son who has Down Syndrome and resides in an assisted-living
facility.
 

Opinions July 22, 2010

Indiana Court of Appeals
Daniel
A. Donald v. State of Indiana
23A04-0912-CR-685
Criminal. Reverses and remands trial court’s denial of Donald’s request for a competency evaluation prior to
his probation revocation hearing. Donald contended he was entitled to a competency evaluation pursuant to Indiana statute
and the Due Process Clause of the United States Constitution. The Court of Appeals disagreed with Donald’s statutory
argument, but agreed the Due Process Clause may warrant a competency evaluation prior to a probation revocation hearing.

Plain English jury instructions now available

The Indiana Model Civil Jury Instructions, which were prepared by the Civil Instructions Committee of the Indiana Judges Association
and are written in plain English, are now available.