COA affirms changing boy’s last name
The mother of a 5-year-old boy was unable to convince the Indiana Court of Appeals that the Marion Circuit Court erred in granting his father’s petition to change the boy’s surname to his last name.
To refine your search through our archives use our Advanced Search
The mother of a 5-year-old boy was unable to convince the Indiana Court of Appeals that the Marion Circuit Court erred in granting his father’s petition to change the boy’s surname to his last name.
A Lake Superior judge erred when she used Dillon’s Rule to determine the scope of the town of Cedar Lake’s legal authority to dissolve its park board and Parks Department, the Indiana Court of Appeals ruled Thursday. The proper legal inquiry is based on the state’s Home Rule Act.
In a case involving the use of eminent domain to acquire land to expand the runway at the Clark County Airport, the Indiana Court of Appeals encouraged lawyers and the courts to stop using the phrase “jurisdiction over a particular case” when the term “legal error” should be used.
Magistrates in Lake County have asked the Indiana Supreme Court to block a judge they say is circumventing state law in a bid to succeed a juvenile court judge selected to lead the Department of Child Services.
Indiana Court of Appeals
Mickell Biggs v. State of Indiana (NFP)
42A04-1208-CR-410
Criminal. Affirms amount of Biggs’ bail and the requirement that it be fully executed in cash.
Republic Services d/b/a Able Disposal Company v. Bullaro & Carton, P.C. (NFP)
45A03-1204-PL-150
Civil plenary. Affirms judgment in favor of Bullaro & Carton P.C. on its breach of contract lawsuit and denies B&C’s request for sanctions.
Adrian P. Jerrell v. State of Indiana (NFP)
63A01-1207-CR-326
Criminal. Affirms convictions and 70-year sentence for two counts each of Class A felony child molesting and Class B felony sexual misconduct with a minor.
Ricky Eugene Arion v. State of Indiana (NFP)
08A04-1203-CR-115
Criminal. Affirms conviction of attempted residential entry and adjudication as a habitual offender.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
State of Indiana v. I.T.
20A03-1202-JV-76
Juvenile. Dismisses state’s appeal from the juvenile court’s order rescinding its prior approval of a delinquency petition filed against I.T. Concludes sua sponte that the state is without authority to appeal a juvenile court’s order withdrawing its approval of the filing of a delinquency petition.
The Indiana Court of Appeals ruled Wednesday that the state has no statutory right to appeal a juvenile court’s decision to rescind an order approving the filing of a delinquency petition against a teen accused of molesting two children.
The Indiana Senate passed several House bills Tuesday, including legislation expanding when a person can participate in a problem-solving court program. The House of Representatives returned bills on children in need of services petitions and prosecutor pensions back to the Senate.
The Indiana Supreme Court issued an order Monday vacating its grant of transfer to a case filed by a man rendered a quadriplegic after he fell out of a company truck’s utility bucket while working for Richmond Power.
The St. Joseph County Superior Court Judicial Nominating Commission has selected the five finalists to fill an upcoming vacancy on the court when Chief Judge Michael P. Scopelitis retires in June.
Indiana Court of Appeals
Derek F. Williams v. State of Indiana (NFP)
14A01-1205-CR-201
Criminal. Affirms murder conviction and sentence.
Alyse McGlaughlin and Connie Kleiner v. Jennifer M. McGlaughlin, State Farm Mutual Automobile Ins. Co., and Roger McGlaughlin (NFP)
49A02-1208-PL-677
Civil plenary. Affirms denial of a motion to correct error following the grant of summary judgment in favor of State Farm after the court reasoned that State Farm was entitled to complete set-off of any payment it would have owed to the appellants under the uninsured motorist endorsement they had purchased from State Farm because Alyse McGlaughlin settled with a third-party’s insurer for an amount equal to the UM endorsement’s policy limits.
First Financial Bank, National Assn., Hamilton, Ohio, as Successor in Interest to Federal Deposit Ins. Corp., Receiver of Irwin Union Bank and Trust Co. v. Fred L. Paris and Michelle S. Paris (NFP)
41A05-1209-MF-474
Mortgage foreclosure. Reverses order denying First Financial’s motion for summary judgment on its claims against the Parises and remands for further proceedings.
Jeremy L. Musall v. State of Indiana (NFP)
61A01-1208-CR-371
Criminal. Affirms sentence for murder, felony murder, two counts of Class A felonies burglary and rape, and one count of Class A felony kidnapping.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
7th Circuit Court of Appeals
Frontier Insurance Company v. J. Roe Hitchcock, Timothy S. Durham and Terry G. Whitesell
11-3510
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms order the guarantors Hitchcock, Durham and Whitesell deposit with the clerk more than $1.5 million regarding a surety bond issued by Frontier Insurance. The guarantors must keep their promise to post collateral on Frontier’s demand.
A nationally recognized authority on constitutional law and civil rights has taken the leadership position at Valparaiso University Law School.
The 7th Circuit Court of Appeals ruled Tuesday that Tim Durham and two other men who promised to indemnify and post collateral on a surety bond issued by Frontier Insurance Co. must post collateral on that bond.
A nursing student at Purdue University’s Fort Wayne campus was unable to convince the Indiana Court of Appeals Tuesday that the university and officials violated her due process rights and breached a contract with her when they dismissed her from the program due to behavioral difficulties.
The Indiana Supreme Court granted transfer to just one case last week, a not-for-publication decision out of the Indiana Court of Appeals dealing with a parent’s financial obligations to his children.
Andrew R. Klein has been appointed dean of the Indiana University Robert H. McKinney School of Law.
Proposed changes to the panel that recommends judges for the Indiana Supreme Court and Court of Appeals advanced to the House floor Monday, but not before some lawmakers said they reserved judgment on whether the measure was constitutional.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
Carmeuse Lime & Stone and Carmeuse Lime, Inc. v. Illini State Trucking, Inc.
45A03-1211-CC-462
Civil collection. Affirms the trial court order dismissing Carmeuse Lime & Stone’s and Carmeuse Lime Inc.’s complaint in favor of Illini State Trucking, Inc. regarding indemnification. Illini did not waive its ability to raise the forum selection clause with the court.