Attorney general files right-to-work appeal with Indiana Supreme Court
The Indiana attorney general filed notice Sept. 12 that he is asking the state’s highest court to find Indiana’s right-to-work law constitutional.
Home » Search
Search Results
22122 results for 'new'
To refine your search through our archives use our Advanced Search
Opinions Sept. 12, 2013 ILD
Indiana Court of Appeals
Flora Birdsong v. Illinois Central School Bus (NFP)
93A02-1304-EX-319
Civil. Affirms denial of worker’s compensation benefits to Birdsong.
Jeffrey Griebel v. Lehsa Griebel (NFP)
53A04-1304-DR-191
Domestic relation. Dismisses Jeffrey Griebel’s appeal of child support order.
Willie Ambros Norman v. State of Indiana (NFP)
71A03-1301-CR-13
Criminal. Affirms conviction of Class D attempt to acquire possession of a legend drug by fraud, deceit, misrepresentation, or subterfuge.
Adolfo Lopez v. State of Indiana (NFP)
15A05-1302-CR-51
Criminal. Affirms denial of Lopez’s motion for recusal/change of judge.
Thelma Lindsey v. State of Indiana (NFP)
02A03-1211-CR-486
Criminal. Affirms two-year sentence for operating while intoxicated, as a Class D felony.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.M.(Minor Child) and C.M.(Mother) and R.M.(Father) v. Indiana Department of Child Services (NFP)
81A01-1302-JT-58
Juvenile. Affirms involuntary termination of C.M’s and R.M.’s parental rights to their 4-year-old child, K.M.
In Re the Termination of the Parent-Child Rel. of H.W. (Minor Child) and D.F. (Father) v. The Indiana Dept. of Child Services (NFP)
82A05-1301-JT-45
Juvenile. Affirms involuntary termination of D.F.’s parental rights to his child, H.W.
Phillip J. Troyer v. Tracy L. Troyer (NFP)
02A03-1302-DR-55
Domestic relation. Affirms order finding Phillip Troyer in contempt for failing to pay his share of K.T.’s uninsured medical expenses under the divorce decree. In her dissent, Judge Elaine Brown argues that Phillip’s action shows he was not being willfully disobedient. He told his ex-wife he would be delaying payment while he filed a claim against the insurer, to which she consented, and his assertion that he owed less than his ex-wife calculated was confirmed by the court.
In Re the Termination of the Parent-Child Rel. of El.S. and Et.S. (Minor Children) and M.S. (Mother) v. The Indiana Dept. of Child Services (NFP)
90A05-1211-JT-614
Juvenile. Affirms termination of M.S.’s parental rights to her children, El.S and Et.S.
Darren L. Bunch v. State of Indiana (NFP)
73A01-1301-CR-15
Criminal. Affirms conviction of rape as a Class B felony.
Jeff Pierrard v. Wright Implement 1, LLC (NFP)
62A01-1305-CT-238
Civil tort. Affirms summary judgment in favor of Wright Implement 1, LLC, regarding its claim against Pierrard for conversion of a tractor and other equipment.
Oscar Diaz-Flores v. State of Indiana (NFP)
49A02-1302-CR-184
Criminal. Affirms conviction of Class A felony burglary. Also affirms one count of Class C felony criminal confinement and vacates the other count. Finds Flores’ criminal confinement of his ex-girlfriend constitutes a single transaction and can only support one criminal confinement conviction.
Stephen R. Harvey, Jr. v. State of Indiana (NFP)
02A03-1302-CR-44
Criminal. Affirms denial of Harvey’s motion for concurrent sentencing.
Gregory Voltaire v. State of Indiana (NFP)
02A03-1303-CR-104
Criminal. Affirms conviction for Class D felony sexual battery. Reverses and remands with instruction one-year sentence for Class B misdemeanor battery. Finds Voltaire’s one-year sentence suspended to probation for the misdemeanor violates Indiana Code which limits the term of imprisonment for Class B misdemeanor to no more than 180 days.
Thomas I. Goode v. Hendricks County Planning and Building Commission (NFP)
32A01-1302-PL-67
Civil plenary. Dismisses Goode’s appeal of the trial court’s July 2011 order and October 2012 order that he comply with the general business district zoning requirements. Finds Goode forfeited his right to appeal because he did not file notice within 30 days of the orders.
Christopher D. Davies v. State of Indiana (NFP)
34A02-1301-CR-18
Criminal. Affirms three-year sentence executed for theft, a Class D felony.
Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Sept. 12, 2013
Indiana Supreme Court
Clark County Board of Aviation Commissioners, Board of Commissioners of Clark County, Indiana v. Dennis Dreyer and Margo Dreyer, as Co-Personal Reps. of the Estate of Margaret A. Dreyer
10S01-1308-PL-529
Civil plenary. Grants transfer to dispel confusion arising from “inartful language” in previous opinion.
Supreme Court takes eminent domain case to clean up confusion
Confusion from “inartful language” will put the ongoing dispute over the Clark County airport expansion before the Indiana Supreme Court.
Double jeopardy does not prohibit state from retrying defendant on lesser charge
Although a man’s conviction was overturned, the Indiana Supreme Court has ruled he can still be retried on the same charge without violating double jeopardy prohibitions because “a rational jury” would have considered more than one element of the crime.
Expungement forum postponed
A second expungement law forum, scheduled for Sept. 17, has been postponed.
Man who bilked banks of $10 million sentenced
A southern Indiana man who defrauded Indiana banks of more than $10 million by supplying bogus financial information from family members to obtain multi-million-dollar loans for real estate, an airplane and a yacht will spend five years in federal prison.
CASA conference to train, honor volunteers
A single mother of two from Monroe County will receive the honor of volunteer of the year this weekend at an annual conference of court-appointed special advocates.
Marsh Supermarkets, former CEO spar over attorney fees
The years-long legal spat between Don Marsh and the company he once led appeared to have concluded this summer, but has now turned to attorneys’ fees and who’s paying the million-dollar bills.
Drunken driving conviction affirmed; tipster’s observations reasonable cause
The Indiana Court of Appeals affirmed a man’s conviction for Class C misdemeanor operating a vehicle while intoxicated Thursday, though one panelist wrote the court went deeper into the analysis of the defendant’s Fourth Amendment claim than it needed to do.
Dispatcher fired after firecracker incident loses unemployment appeal
An appeals court panel Thursday affirmed denial of unemployment benefits for a Starke County sheriff’s dispatcher who took time off work after a firecracker exploded behind her at work and she was diagnosed with hearing loss, vertigo and tinnitus.
Parental liability as co-signers on kids’ school loans subject to divorce decree
Student loan liabilities of parents who co-signed for their two children should have been a consideration in dividing property in a divorce proceeding, the Indiana Court of Appeals ruled Thursday.
Opinions Sept. 11, 2013 ILD
Indiana Court of Appeals
Jane Kleaving v. State of Indiana (NFP)
74A04-1209-CR-472
Criminal. Affirms conviction for conspiracy to commit murder as a Class A felony.
Ronald D. Hayes v. State of Indiana (NFP)
54A01-1302-CR-77
Criminal. Affirms revocation of probation and order for Hayes to serve his previously suspended two-year sentence in the Indiana Department of Correction.
Yohau Flame v. State of Indiana (NFP)
49A02-1302-CR-121
Criminal. Affirms conviction after a jury trial of rape and criminal deviate conduct, each as a Class A felony, two counts of criminal confinement and one count of attempted robbery, each as a Class B felony, and one count of auto theft, as a Class D felony.
Dewayne Perry v. State of Indiana (NFP)
49A02-1302-CR-162
Criminal. Affirms conviction for felony murder. Reverses and remands with instructions that the trial court vacate Perry’s conviction of and one-day sentence for Class A felony robbery. Perry argued the trial court violated the prohibition against double jeopardy by entering convictions for both robbery and felony murder with robbery as the underlying felony. The state did not oppose Perry’s claim, conceding that there is a reasonable possibility that the evidentiary facts were used to establish the essential elements for the robbery charge and the underlying felony for the felony murder charge.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline.
Opinions Sept. 11, 2013
7th Circuit Court of Appeals
David Hughes v. Kore of Indiana Enterprise Inc., et al.
13-8018
Civil. Reverses decertification of a class action, finding the U.S. District Court for the Southern District of Indiana, Indianapolis Division, did not provide adequate grounds for the ruling, and remands for further proceedings.
Insurer’s exclusion stands after bar fight
A woman’s own description of a barroom brawl that left her with a broken arm was used against her in allowing an insurance company to deny coverage.
Worker’s Compensation Act is only remedy for injured employee
A construction worker injured on a job site will have to find remedy through the Indiana Worker’s Compensation Act after the Indiana Court of Appeals denied his attempt to sue a subcontractor.
Judge reverses ATM fee class decertification; suggests any award go to charity
The 7th Circuit Court of Appeals court didn’t exactly call an Indiana appeal a small-change case, but it suggested the few dollars each member of a class might receive could be more usefully given to charity.
Embattled judge responds to suspension bid: ‘can and will learn’ from mistakes
A Marion Superior judge facing a 45-count disciplinary complaint responded today to a petition for her suspension by saying, “She is resolute that she can and will learn from what has been alleged, and that she will redouble her efforts to proceed.”
7th Circuit: Recording of drug deal doesn’t taint conviction
A taped conversation between a suspected heroin dealer and a confidential informant in which a sentence was admitted into evidence was not fruit of the poison tree dooming a conviction that was supported by plenty of other evidence, the U.S. 7th Circuit Court of Appeals ruled Tuesday.
Opinions Sept. 10, 2013 ILD
Indiana Court of Appeals
Tim L. Godby v. James Basinger, et al., (NFP)
77A05-1201-PL-3
Civil plenary. Affirms grant of summary judgment in favor of James Basinger, et al.
Ronald Andrew Manley v. State of Indiana (NFP)
33A01-1301-CR-52
Criminal. Affirms denial of Manley’s petition to remove his designation as a sexually violent predator from the Indiana Sex Offender Registry.
Reco Terrell v. State of Indiana (NFP)
15A01-1302-CR-78
Criminal. Affirms revocation of probation.
Century Surety Company v. The Ugly Monkey, LLC and Camburad, LLC, Amber Pagel, Dale Ueber a/k/a Dale Uebersetzig and Ueber Insurance Inc., (NFP)
49A02-1211-CT-903
Reverses partial summary judgment declaring that Ueber acted as the agent of Century Surety when accepting notice of an occurrence and lawsuit from an insured, Camburad, LLC, which operated the Ugly Monkey nightclub. Remands, holding that Ueber did not act as an agent and that Camburad and Ugly Monkey are entitled to summary judgment on the claim of breach of duty to defend.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline.