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A $2.7 million judgment in a messy dispute between a supplier and a now defunct furniture manufacturer has been overturned by the 7th Circuit Court of Appeals, which called the award “too heavy a sanction.”
In the Matter of the Term. of the Parent-Child Relationship of T.K., Mother, J.W.R., Father, and K.R., J.R., and N.K., Children: T.K. and J.W.R. v. Ind. Dept. of Child Services (mem. dec.)
82A04-1501-JT-29
Juvenile. Affirms termination of parental rights.
James Johnson v. State of Indiana (mem. dec.)
49A02-1412-CR-83
Criminal. Affirms trial court determination that Johnson had committed a crime of domestic violence when he was convicted of Class C felony battery resulting in serious bodily injury.
Dennis Gifford and Mary Gifford v. Jeffrey Wicks and James Ector (mem. dec.)
49A05-1409-PL-427
Civil plenary. Reverses grant of summary judgment in favor of Wicks and Ector and remands for proceedings.
Thomas Missler and Allison Missler v. State Farm Insurance Company and Indiana Restoration & Cleaning Services, Inc.
29A05-1501-PL-30
Civil plenary. Affirms in part, reverses in part and remands a grant for summary judgment in favor of State Farm defendants. Remands for proceedings to determine whether the contract between the Misslers and Indiana Restoration & Cleaning Services was enforceable.
Patrick D. Keith v. State of Indiana (mem. dec.)
73A05-1412-CR-575
Criminal. Affirms aggregate sentence of 17 and a half years executed for convictions of Class B felony possession of methamphetamine, Class D felony possession of meth and possession of a controlled substance, and Class A misdemeanor possession of paraphernalia and for being a habitual substance offender.
Robert A. Olson v. State of Indiana (mem. dec.)
03A01-1504-CR-155
Criminal. Affirms revocation of probation.
Hans Gunther Oberth v. State of Indiana (mem. dec.)
59A01-1409-CR-422
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.
Kirsten L. Nolan v. Matthew A. Huff (mem. dec.)
49A01-1412-DR-565
Domestic. Reverses trial court order modifying custody. Remands for findings regarding whether modification was in the children’s best interests.
Eugene Hill v. State of Indiana (mem. dec.)
49A04-1502-CR-43
Criminal. Affirms conviction of Level 6 felony residential entry.
Donnis K. Wilkerson v. State of Indiana (mem. dec.)
48A05-1410-CR-481
Criminal. Affirms conviction of Class B felony unlawful possession of a firearm by a serious violent felon.
7th Circuit Court of Appeals
JMB Manufacturing Inc., d/b/a/ Summit Forest Products Co. v. Child Craft, LLC, et al
14-3306
Harrison Manufacturing, LLC, f/k/a Child Craft, LLC v. Ron Bienias
14-3315
Civil tort. Reverses judgment on Child Craft’s negligent misrepresentation counterclaim against Bienias and Summit. Directs the District Court to enter final judgment in favor of Bienias and Summit on that counterclaim. Affirms dismissal of Child Craft’s breach of contract against Summit and Summit’s claims against Child Craft.
Judges in Blackford County last week issued an order barring the elected clerk from her courthouse offices or even on the sidewalks surrounding the courthouse in Hartford City, claiming she behaved inappropriately and disobeyed and sabotaged court commands.
An Indianapolis organization has proposed creating a charter school at juvenile detention centers statewide.
A trial court erred in ordering a man’s future railroad retirement benefits subject to a division of marital assets in a divorce case, a divided panel of the Indiana Court of Appeals ruled Monday.
When they arrived at Jared Fogle’s home last month, law enforcement officials were armed with more than a search warrant.
Huntington Bank failed to convince the Indiana Supreme Court that an overlooked notice in a mortgage foreclosure case was excusable neglect because the person who normally handled such notices was on maternity leave.
Percy Lee Blake v. State of Indiana (mem. dec.)
45A05-1412-CR-563
Criminal. Affirms order of restitution.
Matthew Flowers v. State of Indiana (mem. dec.)
79A05-1501-CR-20
Criminal. Affirms convictions of burglary, residential entry and theft.
Floyd Kinslow v. Dennis Coddington, Travis Sheets and Gina Sheets (mem. dec.)
12A02-1502-CT-106
Civil tort. Affirms grant of summary judgment in favor of Travis and Gina Sheets and denial of Kinslow’s motion for partial summary judgment.
Antwon Davis v. State of Indiana (mem. dec.)
02A04-1501-CR-6
Criminal. Affirms revocation of probation.
James Pollard v. Michael Pence, as Governor of the State of Indiana, Bruce Lemmon, as the Comm. of the Ind. Dept. of Corr., and the Ind. Parole Board (mem. dec.)
49A02-1411-MI-805
Miscellaneous. Affirms denial of a petition for writ of mandamus.
Indiana Supreme Court
In Re the Involuntary Term. of the Parent-Child Relationship of K.E., a Minor Child, and His Father, J.E., and His Mother, S.S. v. Ind. Dept. of Child Services
82S04-1508-JT-491
Juvenile. Reverses termination of parental rights of J.E. to his son, K.E. Finds although J.E. is currently incarcerated, he has taken steps to improve himself, address his drug addiction and bond with his child. Concludes the evidence is not sufficient to support the reasonable probability that the conditions that led to K.E.’s removal are unlikely to be remedied or that J.E. poses a threat to the child.
A man serving a 10-year sentence for dealing in methamphetamine, neglect of a dependent and maintaining a common nuisance is being given the opportunity to show he has changed.
The Indiana Tax Court on Friday reaffirmed its ruling that a company received insufficient notice of a retroactive assessment of its property in Grant County.
At the University of Notre Dame Law School, Dean Nell Jessup Newton bet on the “summer melt” but ended up losing to Assistant Dean for Academic and Student Affairs Kevin O’Rear.
An Indiana man is challenging a new state law that bars certain convicted sex offenders from entering schools, arguing it can impair the right to vote.
A report by the Global Health Communication Center at Indiana University-Purdue University Indianapolis states that adolescent sexual assault is “far too common” in the state.
A Florida woman says former Subway pitchman Jared Fogle of Zionsville told her years ago about his interest in having sex with minors and that she went to authorities who told her to record the conversations.
Authorities in Pulaski County have arrested and charged a chief deputy coroner on preliminary charges of theft and official misconduct.
The Indiana Court of Appeals Friday affirmed a trial court’s custody order in favor of a father who moved to Arizona, then California, before his wife filed for divorce.
A federal jury has slapped Volvo Trucks North America with a $6.5 million judgment, a stinging rebuke of its business dealings with Andy Mohr Truck Center, the franchisee the Swedish company signed on in 2010 to grow its market share here.
Indiana Court of Appeals
Emily Duncan v. State of Indiana (mem. dec.)
67A01-1503-PC-102
Post conviction. Affirms denial of Duncan’s petition for post-conviction relief.
Demetrius Buntin v. State of Indiana (mem. dec.)
70A01-1501-CR-20
Criminal. Affirms conviction of dealing in cocaine, a Class A felony. Reverses convictions of possession of cocaine in excess of 3 grams, a Class C felony, and possession of cocaine and a firearm, a Class C felony. Finds the Class C felony convictions violated double jeopardy principles.
Daquion L. Shears v. State of Indiana (mem. dec.)
02A05-1501-CR-31
Criminal. Affirms revocation of probation.
Emery D. Scruggs v. State of Indiana (mem. dec.)
48A04-1412-CR-562
Criminal. Affirms revocation of probation.
In re the paternity of T.M. T.M., by next friend, Jeffrey D. Drinkski, Newton County Prosecuting Attorney and L.M. v. D.H. (mem. dec.)
56A03-1409-JP-324
Juvenile paternity. Affirms modification of physical custody of T.M. to his father, D.H.
Eddie Wilkerson v. Robert R. Carr and Lawyer Transport, Inc. (mem. dec.)
29A05-1410-CT-490
Civil tort. Affirms jury verdict in favor of the defendants. Jury concluded Wilkerson was 60 percent at fault for the collision and the defendants were 40 percent at fault.
In Re the Termination of the Parent-Child Relationship of: E.B. (a Minor Child) and B.H. (Father) v. Ind. Dept. of Child Services (mem. dec.)
21A01-1501-JT-37
Juvenile. Affirms termination of parental rights of B.H. to his daughter, E.B.
Maurice Knight v. State of Indiana (mem. dec.)
27A02-1411-CR-816
Criminal. Affirms conviction and two-and-a-half-year sentence for attempted obstruction of justice, a Level 6 felony.
Family Dollar Stores of Indiana, L.P., Family Dollar Holdings, Inc., and Baugo Creek Realty, LLC v. Charissa A. Heeter, Anthony P. Heeter et al (mem. dec.)
71A04-1412-CT-569
Civil tort. Affirms denial of summary judgment motion filed by Family Dollar. Heeters filed a negligence complaint after a driver lost control of his car and crashed through the Family Dollar in South Bend, injuring shoppers. COA finds retailer did not meet the initial burden of demonstrating the absence of any genuine issue of fact as to foreseeability.