Settlement reached in former IPFW chancellor’s lawsuit
Attorneys for Purdue University say the school has settled a federal lawsuit over the forced retirement of Indiana-Purdue Fort Wayne's former chancellor.
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Opinions Feb. 3, 2015 ILD
Indiana Court of Appeals
Chris Schumacher v. Theresa Martin-Schumacher (mem. dec.)
88A01-1407-MI-285
Miscellaneous. Affirms order declaring the Schumachers were not married as a result of their wedding ceremony and they both have the status of single persons.
Andrew Wedge v. State of Indiana (mem. dec.)
82A01-1403-CR-143
Criminal. Affirms conviction of Class B felony manufacture of methamphetamine.
Mark A. Kimmel v. State of Indiana (mem. dec.)
51A05-1407-CR-351
Criminal. Affirms Class D felony theft conviction.
In the Matter of the Termination of the Parent-Child Relationship of: A.W. (Minor Child) and A.W. (Mother) v. The Indiana Department of Child Services (mem. dec.)
50A03-1406-JT-221
Juvenile. Affirms involuntary termination of parental rights.
In Re: the Paternity of D.Y.E., M.D. (Father) v. A.G. (Mother) (mem. dec.)
64A03-1408-JP-289
Juvenile. Affirms order imposing a short period of supervised parenting time before father could exercise parenting time pursuant to the Indiana Parenting Time Guidelines.
Fabian Gomez v. State of Indiana (mem. dec.)
45A03-1405-PC-145
Post conviction. Affirms denial of petition for post-conviction relief.
Travis J. Monroe v. State of Indiana (mem. dec.)
03A04-1408-CR-368
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.
Everett Harry Koonce, Jr. v. State of Indiana (mem. dec.)
45A03-1405-CR-184
Criminal. Affirms sentence for Class C felony attempted battery by means of a deadly weapon.
Julie Wright v. State of Indiana (mem. dec.)
49A02-1406-CR-392
Criminal. Affirms conviction of Class A misdemeanor conversion.
In the Matter of the Termination of the Parent-Child Relationship of: T.P., K.P., and D.P., minor children, and D.S., Mother, and B.P., Father v. The Indiana Department of Child Services (mem. dec.)
53A01-1408-JT-337
Juvenile. Affirms termination of parental rights.
Opinions Feb. 3, 2015
Indiana Court of Appeals
Nick Hunckler v. Air Sorce-1, Inc., Timothy Miller and Kelly A. Brannen
84A01-1405-CT-217
Civil tort. Reverses summary judgment in favor of the defendants on Hunckler’s personal injury claim. There are material issues of fact that exist and therefore preclude any grant of summary judgment that determined Miller was not liable by virtue of his position as an officer of the corporation as that would be erroneous. Remands for further proceedings. Judge Robb concurs in result with opinion.
Supreme Court seeks state funds for technology, access to courts
A group of four representatives of the Indiana Supreme Court explained to the House Ways & Means Committee Tuesday morning why the state should give the judiciary millions of dollars for court technology, access to courts and criminal code reform.
Indiana will get share of $1.38B Standard & Poor’s settlement
A billion-dollar settlement stemming from allegations that Standard & Poor’s Financial Services LLC misled investors in the lead up to the 2008 financial crisis will net Indiana $21.5 million.
Man’s criminal confinement conviction reversed, battery conviction reinstated
The Indiana Court of Appeals ordered a Class B felony criminal confinement conviction reversed based on insufficient evidence, but judges ordered a battery conviction previously dismissed over double jeopardy concerns reinstated.
COA affirms father must pay $876 in child support to non-custodial parent
There was no error by a trial court when it ordered a father to pay his ex-wife, who is the non-custodial parent of their two children, nearly $900 a week in child support, the Court of Appeals affirmed Tuesday. The order and figure are supported by the Indiana Child Support Guidelines.
Nominee for Southern District bench could be named by summer
The vacancy on the U.S. District Court for the Southern District of Indiana could be filled by the end of the year, according to Indiana’s Democratic U.S. senator.
COA reverses summary judgment in personal injury claim, abandons volunteer doctrine
A negligence case involving a Terre Haute HVAC business and a man injured while helping move a furnace will move forward now that the Indiana Court of Appeals has reversed summary judgment in favor of the company.
COA reverses conviction based on unreasonable police search
A police officer had no reasonable suspicion to believe that a container found in a man’s pocket during an arrest held any illegal substances, the Indiana Court of Appeals ruled Tuesday. As such, it reversed his Class D felony possession of schedule III controlled substance conviction, ruling it violated the Indiana Constitution.
Senate passes bill allowing religion-based hiring by contractors
The Indiana Senate has moved a bill to the House of Representatives that will allow religious institutions that receive state and local government contracts to make hiring decisions based upon religion.
Opinions Feb. 2, 2015 ILD
Indiana Court of Appeals
Constantine D. Mills, Jr. v. State of Indiana (mem. dec.)
90A05-1406-CR-291
Criminal. Dismisses appeal of sentence because Mills has waived his right to appeal.
Opinions Feb.2, 2015
Indiana Tax Court
Brandenburg Industrial Service Co., an Illinois Corp. v. Ind. Dept. of State Revenue
49T10-1206-TA-37
Tax. Denies Brandenburg’s request that the Department of State Revenue must disclose its potential non-expert witnesses, but orders the department to produce the two pages of handwritten notes that Brandenburg seeks. Finds the department has adequately answered the interrogatory and will not compel it to identify any additional potential non-expert witnesses, but the handwritten notes are relevant.
Justices send post-conviction case back to COA for consideration
The Indiana Supreme Court has vacated the dismissal of a Marion County post-conviction case and remanded it to the Court of Appeals. That was one of two cases justices took action on last week.
Judge orders revenue department to produce handwritten notes
Two pages of handwritten notes prepared by an Indiana Department of State Revenue employee must be turned over to an Illinois company challenging the denial of four refund claims, the Indiana Tax Court held Friday.
Appeals court finds high-fence deer hunting not prohibited in Indiana
Indiana law does not prohibit “high-fence” hunting of deer in Indiana, nor does it allow for the Department of Natural Resources to create regulations relating to the practice, the Indiana Court of Appeals ruled Monday.
Indiana courts press for $5M for e-filing system
Indiana courts are asking lawmakers to allocate an additional $5 million a year so they can implement an electronic filing system that allows litigants to submit paperwork online and gives the public free access to court records.
Winter storm delays child neglect trial in South Bend
A winter storm that brought as much as 19 inches of snow to northern Indiana has delayed a South Bend child neglect trial.
Opinions Jan. 30, 2015 ILD
Indiana Court of Appeals
Thomas W. Burton v. State of Indiana (mem. dec.)
41A01-1312-CR-539
Criminal. Affirms convictions of Class B felonies dealing in a schedule II controlled substance and aiding in dealing in methamphetamine, and two counts of dealing in a schedule IV controlled substance as Class C felonies.
Gary Allen Gibson v. State of Indiana (mem. dec.)
39A05-1404-CR-156
Criminal. Affirms convictions and 16-year executed sentence for Class B felony aggravated battery and Class D felony criminal confinement.
Joseph Pohl v. State of Indiana (mem. dec.)
38A02-1404-CR-223
Criminal. Affirms aggregate 30-year sentence for convictions of two counts of Class B felony burglary and two counts of Class D felony theft.
Jon Colin Blauvelt v. State of Indiana (mem. dec.)
53A04-1407-PC-308
Post conviction. Affirms denial of petition for post-conviction relief.
Matthew R. Eden v. State of Indiana (mem. dec.)
41A05-1405-CR-211
Criminal. Affirms revocation of probation and imposition of Eden’s previously suspended sentence after he violated his probation for his conviction of Class C felony possession of a controlled substance.
Tony Frary v. State of Indiana (mem. dec.)
71A03-1406-CR-213
Criminal. Affirms conviction of Class D felony domestic battery.
In the Matter of the Termination of the Parent-Child Relationship of: M.B. (Minor Child) and S.B. (Father) v. The Indiana Department of Child Services (mem. dec.)
49A04-1407-JT-326
Juvenile. Affirms termination of father’s parental rights.
Opinions Jan. 30, 2015
7th Circuit Court of Appeals
United States of America v. Anthony Bailey
13-3229
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Criminal. Finds Bailey’s motion asking for a reduced sentence is best understood as a petition for relief under 28 U.S.C. Section 2255 for a sentence that was imposed contrary to the law. Based on Dorsey v. United States, Bailey should have been subject to a mandatory minimum sentence of only 10 years, instead of 20, after he pleaded guilty in 2011 to distributing crack cocaine. Remands for a new sentencing hearing.