Home » Search

Search Results

7453 results for 'articles'

To refine your search through our archives use our Advanced Search

Opinions Feb. 13, 2014 ILD

Indiana Court of Appeals
Detrick L. Brown v. State of Indiana (NFP)
02A05-1309-CR-455
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.

Duane Fry v. State of Indiana (NFP)
49A02-1306-CR-544
Criminal. Affirms convictions of Class B felony burglary and Class A misdemeanor criminal mischief.

Elgin Lamont Hoyle v. State of Indiana (NFP)
45A04-1307-CR-363
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a narcotic drug.

Andrew T. Stout v. State of Indiana (NFP)
62A01-1305-CR-222
Criminal. Affirms denial of motion to withdraw guilty pleas for Class B felony burglary and Class D felony theft.

Wabash County Hospital Foundation, Inc. d/b/a Wabash County Hospital and Carole Riley v. Hai Lee (NFP)
85A04-1306-CT-291
Civil tort. Affirms denial of appellants’ motion to dismiss for lack of subject-matter jurisdiction.

Charles Poling v. Property Owners Insurance Company (NFP)
27A02-1307-PL-585
Civil plenary. Affirms denial of Poling’s request to amend his complaint for a second time and dismissal of the Poling’s lawsuit.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

Opinions Feb. 13, 2014

Indiana Supreme Court
Brian Yost v. Wabash College, Phi Kappa Psi Fraternity- Indiana Gamma Chapter at Wabash College, Phi Kappa Psi Fraternity, Inc., and Nathan Cravens
54S01-1303-CT-161
Civil tort. Reverses grant of summary judgment for the campus fraternity but affirms summary judgment for the college and national fraternity organization in the personal injury action brought by a fraternity pledge seeking damages for injuries sustained in an incident at the Phi Kappa Psi fraternity house. Holds that the designated evidence shows that there is no genuine issue as to any material fact and that Wabash College and the national fraternity, Phi Kappa Psi Fraternity, Inc., are each entitled to summary judgment as a matter of law, but that as to the local fraternity, Phi Kappa Psi Fraternity – Indiana Gamma Chapter at Wabash College, there remain genuine issues of material fact that preclude summary judgment. Justice Rucker concurs in part and dissents in part. Remands for further proceedings.

Woman’s convictions are crimes of violence, justifying sentence

The Indiana Court of Appeals agreed with the state Thursday that a woman’s Class D felony drunken-driving convictions are considered “crimes of violence” under Indiana law, so there was no error when the trial court imposed a seven-year consecutive sentence.

Wabash fraternity must face alleged hazing-injury claim

A freshman pledge’s personal-injury claim resulting from what he alleged was a hazing incident at Wabash College may proceed against the campus fraternity, and he may seek compensatory and punitive damages, the Indiana Supreme Court ruled Thursday, overturning lower court rulings.

Appeals court: IBM materially breached contract with state

The Indiana Court of Appeals has reversed a Marion County judge’s finding that IBM did not materially breach the contract it had with the state to modernize its welfare system. As a result, the appeals court ordered a determination of damages to the state.

Man gets partial win on appeal, still must pay for damaging woman’s home

The man who purchased 2.28 acres of land in a foreclosure sale must pay for the damage he caused by taking the law into his own hands in trying to evict a woman living in a mobile home on the property, the Indiana Court of Appeals ruled. But, the court reversed summary judgment in favor of the woman on adverse possession, prescriptive easement and trespass claims.

Opinions Feb. 12, 2014 ILD

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

Opinions Feb. 12, 2014

Indiana Supreme Court
In the Matter of S.D., Alleged to be a Child in Need of Services, J.B. v. Indiana Department of Child Services
49S05-1309-JC-585
Juvenile. Reverses adjudication that S.D. is a child in need of services. S.D. and her siblings were legitimately in need of services when DCS filed its petitions. But by the fact-finding hearing, mother had voluntarily addressed all but one of those concerns to the trial court’s satisfaction. In view of that judgment, the remaining evidence fails to show that mother was likely to need the court’s coercive intervention to complete that final item — and when that coercion is not necessary, the state may not intrude into a family’s life.

COA reverses piercing of corporate veil, but upholds slander of title finding

A Hendricks County storage facility’s claims of breach of contract and slander of title were affirmed on appeal against a contractor hired by the facility to provide excavation services. The Indiana Court of Appeals reversed the piercing of Country Contractors Inc.’s corporate veil to find its two shareholders personally liable.

Justices: Facts don’t justify subjecting family to CHINS proceeding

The Indiana Supreme Court reversed the finding that a child with special needs is a child in need of services after ruling that the circumstances of this case don’t support that the mother needed the court’s coercive intervention to address concerns in the CHINS petition.

Marion County clerk to marry couples for good cause

It’s nearly Valentine’s Day, and some couples will be tying the knot on the most romantic day of the year. For those who’d like to get married on Valentine’s Day but haven’t yet booked a venue, Marion County Clerk Beth White will marry couples Friday in an effort to raise money for the American Heart Association’s “Go Red for Women” campaign.

Ex-IMPD officer pleads guilty to drunken driving

Former Indianapolis Metropolitan Police officer David Bisard has pleaded guilty to operating a motor vehicle while intoxicated as a Class A misdemeanor. The sentence will be served consecutively to the 16-year sentence he is currently serving for a 2010 crash that killed one motorcyclist and injured two others.

Opinions Feb. 11, 2014 ILD

Indiana Court of Appeals
Jeff Howell v. State of Indiana (NFP)
49A02-1307-MI-634
Miscellaneous. Affirms denial of renewed motion for return of property.
 
Patricia A. Hampton and Joseph A. Hampton, individually as husband and wife; et al v. Metropolitan Property and Casualty Insurance Company (NFP)
02A04-1310-PL-509
Civil plenary. Affirms granting of Metropolitan Property and Casualty Insurance Co.’s motion for summary judgment.

Mayson L. St. Clair v. State of Indiana (NFP)
35A02-1307-CR-577
Criminal. Affirms robbery conviction as a Class B felony.

Stephen T. Perosky v. State of Indiana (NFP)
45A03-1307-CR-255
Criminal. Affirms convictions and nine-year aggregated sentence for disarming a law enforcement officer as a Class C felony; two counts of battery as Class D felonies; and two counts of resisting law enforcement as Class D felonies.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of N.M., A.M. and H.M., minor children, and J.M. Father, J.M. v. Indiana Department of Child Services (NFP)
48A05-1307-JT-327
Juvenile. Affirms involuntary termination of J.M.’s (father) parental rights to his children N.M., A.M. and H.M.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of H.R. (Minor Child) and J.N. (Mother) and M.R. (Father) v. Indiana Department of Child Services (NFP)
38A05-1305-JT-206
Juvenile. Affirms termination of J.N.’s (mother) and M.R.’s (father) parental relationship with their minor child, H.R. Judge John Baker wrote a separate opinion, concurring with the majority but finding the termination appeared to be about punishing the parents rather than protecting the child.

Richard Boylls v. State of Indiana (NFP)
82A05-1306-CR-307
Criminal. Affirms conviction for dealing in methamphetamine as a Class B felony.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

Opinions Feb. 11, 2014

Indiana Supreme Court
Paul Stieler Enterprises, Inc., d/b/a Harbor Bay, et al. v. City of Evansville and Evansville Common Council; VFW Post 2953, et al. v. City of Evansville and Evansville Common Council
82S01-1306-CT-436 and 82S01-1306-PL-437
Civil. Strikes down an amended Evansville smoking ban that exempted the Aztar riverboat casino in a 3-2 decision. Chief Justice Brent Dickson and Justices Mark Massa and Steven David held that the exception violated Article 1, Section 23 of the Indiana Constitution because it conferred a privilege on the casino that wasn’t extended to similarly situated bars, taverns and clubs. Dissenting Justices Loretta Rush and Robert Rucker found the casino’s inherent characteristics of producing a large flow of revenue and attracting a mostly out-of-town clientele placed it in a distinct group from the tavern and club establishment that challenged the exemption.