To refine your search through our archives use our Advanced Search
The Bankruptcy Court for the Southern District of Indiana will require use of a revised Chapter 13 plan model form after Aug. 15, pursuant to Local Rule B-3015-1. The form is available on the court’s website and may be used immediately.
Indiana Court of Appeals
Bradley T. Steidle v. State of Indiana (NFP)
12A04-1212-CR-623
Criminal. Reverses conviction of Class A misdemeanor operating while intoxicated and remands with instructions to vacate Steidle’s Class A misdemeanor conviction and sentence and enter a judgment and an appropriate sentence for operating a vehicle while intoxicated as a Class C misdemeanor.
Virgil Pyles v. State of Indiana (NFP)
34A02-1301-CR-94
Criminal. Reverses calculation of the remaining balance of Pyles’ suspended sentence upon revocation of his probation. The trial court is directed to amend its sentencing order on petition to revoke to reflect that as of Nov. 29, 2012, Pyles had 609 days left to serve on his original suspended sentence.
Lorraine V. Kucki, Michael J. Kucki, Michael R. Bradash, Ziese & Sons Excavating, Inc.: Construction Services.; Biesen Excavating, Inc. and V & H Excavating, Inc. v. Jessica Archer (NFP)
45A03-1210-CT-422
Civil tort. Affirms order denying the Kuckis’ and other defendants’ joint motion for summary judgment, contending that the trial court erred in ordering the substitution of a plaintiff with no damages as the real party in interest.
Mark R. Hurst v. State of Indiana (NFP)
64A03-1209-CR-391
Criminal. Affirms convictions of Class C felony robbery and Class D felony criminal confinement.
Na-Son D. Smith v. State of Indiana (NFP)
48A02-1210-CR-872
Criminal. Affirms convictions and sentences for two counts of murder and one count of robbery as a Class A felony.
Donald R. Smitty v. State of Indiana (NFP)
32A05-1212-CR-610
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated causing endangerment and sentence. Remands for the limited purpose of correcting the record to show that the operating while intoxicated charge is enhanced by the three-year sentence that was imposed in light of the habitual substance-offender finding.
Clarissa Brewer v. State of Indiana (NFP)
49A05-1212-CR-633
Criminal. Affirms two convictions of Class D felony neglect of a dependent. Concludes that the trial court abused its discretion by imposing community service in lieu of fines and costs and by improperly delegating Brewer’s ability to pay fines and costs to the probation department. Remands with instructions.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
7th Circuit Court of Appeals
United States of America v. Jama Mire and Hassan Rafle
12-2792, 12-2793
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Criminal. Affirms both men’s convictions of one count of conspiracy to possess with intent to distribute cathinone; affirms Mire’s additional convictions of knowingly using or maintaining a place for the purpose of distributing and using cathinone; and possession with intent to distribute a mixture or substance containing cathinone. Rejects claims that that their due process rights were violated because they were not given fair warning that the possession of “khat” may be illegal.
Indianapolis attorney Paul Ogden’s hearing next week before the Indiana Disciplinary Commission will be open to the public after he waived confidentiality that’s customary in such proceedings.
A Court of Appeals judge dissented from her colleagues’ decision that Rhode Island law should apply in awarding a wrongful death settlement because she believed that the Rhode Island court would have found Indiana law applies.
The 7th Circuit Court of Appeals has ruled on many types of drug cases, but was presented with a new drug to consider for the first time: “khat,” a popular drug among the Somali community.
The Indiana Court of Appeals affirmed the denial of a defendant’s petition for judicial review after he was denied placement by the court in the Vanderburgh County Forensic Diversion Program. The COA held that there was no final administrative decision for the court to review.
A suspect’s question during interrogation as to whether he’d need an attorney is not considered a request for an attorney, thus requiring police to stop interrogating him, the Indiana Court of Appeals ruled Thursday.
The Indiana Court of Appeals rejected a trial court’s reasoning in denying a petition to set aside a tax deed that a county auditor was excused of the duties imposed under statute because compliance wouldn’t have resulted in a property owner actually receiving notice of a tax sale.
Indiana Court of Appeals
Michael Simpson v. State of Indiana (NFP)
65A04-1210-CR-555
Criminal. Affirms conviction of Class C felony child molesting.
In Re the Termination of the Parent-Child Relationship of K.C. (Minor Child) and J.P. (Father) v. Indiana Department of Child Services (NFP)
26A01-1212-JT-555
Juvenile. Affirms involuntary termination of parental rights.
Zane Payton v. State of Indiana (NFP)
47A01-1211-CR-512
Criminal. Affirms conviction of Class B felony robbery and 12-year sentence. Reverses the trial court’s restitution award and remands with instructions to hold a new restitution hearing.
Christopher Battishill v. State of Indiana (NFP)
64A05-1211-CR-589
Criminal. Affirms convictions of Class C felony intimidation and Class B misdemeanor disorderly conduct.
Robert P. Benavides v. State of Indiana (NFP)
18A04-1210-PC-511
Post conviction. Affirms denial of petition for post-conviction relief.
Hubbard Hill Estates, Inc., v. R. Wyatt Mick, Jr., individually and, as personal representative of the Estate of Harriet M. Seilon, Deceased (NFP)
20A03-1301-SC-24
Small claim. Reverses judgment in favor of Mick Jr. for overpaid rent from Harriet M. Seilon’s account at the Hubbard Hill retirement community. The Elkhart Superior Court issued a total award of $3,150 plus costs, awarding $729.19 to Mick personally and $2,420.81 to the estate. Judge Baker dissents.
Donte Carter v. State of Indiana (NFP)
49A02-1301-CR-10
Criminal. Affirms conviction of Class A misdemeanor battery on a law enforcement officer.
Robert L. Pickens v. State of Indiana (NFP)
43A04-1304-CR-170
Criminal. Affirms denial of motion to correct erroneous sentence.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
7th Circuit Court of Appeals
Troy R. Shaw v. Bill Wilson
12-1628
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane Magnus-Stinson.
Civil. Vacates denial by District Court to grant Shaw’s petition for writ of habeas corpus and orders the federal court to grant it unless the state of Indiana grants Shaw a new direct appeal in which he will have the opportunity to advance the argument that his appellate counsel should have raised. This is one of the rare cases in which counsel’s performance fell below the constitutional minimum, and the Indiana appellate court’s conclusion otherwise was an unreasonable application of Supreme Court precedent.
With the students arriving in less than a month, Indiana Tech Law School is opening the doors of its new building and giving academics, lawyers and community members a peek inside.
Finding that an appellate attorney opted for a “hopeless sufficiency challenge” instead of the obvious claim challenging the validity of an amended information that elevated a charge to murder, the 7th Circuit Court of Appeals reversed the denial by the federal court of the man’s petition for writ of habeas corpus.
In a matter of first impression, the Indiana Court of Appeals Wednesday decided that a police officer’s refusal to allow a defendant to enter his or her residence without being accompanied by an officer until a search warrant has been obtained is a reasonable seizure that does not violate the Fourth Amendment.
A federal judge implored a Senate panel Tuesday to provide sufficient funding for U.S. courts, warning that the general public will lose the access to justice that has been a hallmark of this country.
Indiana Court of Appeals
In The Paternity of J.P.: P.M. (Mother) v. J.P. (Father) (NFP)
71A03-1303-JP-70
Juvenile. Affirms order finding mother in contempt of court.
Michael Walton v. State of Indiana (NFP)
49A02-1212-CR-1013
Criminal. Reverses revocation of community corrections placement.
Julio Joel Delgado v. State of Indiana (NFP)
45A03-1206-CR-271
Criminal. Affirms sentence for Class B felony child molesting.
Anthony Shockley v. State of Indiana (NFP)
49A02-1212-CR-957
Criminal. Affirms convictions of murder and Class C felony attempted robbery, but remands for correction of the abstract of judgment.
Dheeraj Gulati v. Twinkle Gujral (NFP)
29A02-1301-DR-144
Domestic relation. Affirms portion of the trial court’s decree of dissolution concerning international travel with the parties’ minor child E.G.
In the Matter of the Adoption of C.A.H., minor; J.N.E. v. L.M.H. (NFP)
49A02-1302-AD-129
Adoption. Affirms order denying the biological mother’s motion for relief of judgment to set aside an adoption decree in favor of L.M.H.
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
Gared Holdings, LLC v. Best Bolt Products, Inc.
49A02-1210-PL-811
Civil plenary. Affirms the trial court’s judgment on Gared’s claims of breach of contract and breach of the implied warranty of fitness for a particular purpose as those claims are supported by the evidence. The trial court erred in ruling that Best Bolt was not a merchant. Remands for the trial court to determine whether Best Bolt breached the implied warranty of merchantability, and if so, whether that alters the result of Best Bolt’s counterclaim. Chief Judge Robb concurs in separate opinion and dissents in part.
A trial court may refuse to approve a settlement agreement entered into by parents regarding custody of minor children, the Indiana Court of Appeals pointed out Tuesday, but in this case, the court erred by not granting the father’s motion for a continuance regarding his mental health evaluation.
Finding the trial court shouldn’t have granted summary judgment in favor of a distributor on a buyer’s claim of breach of implied warranty of merchantability regarding pulleys provided by the distributor, the Indiana Court of Appeals remanded to the trial court to take another look at the issue.
The American Civil Liberties Union of Indiana announced Monday that it has filed a lawsuit on behalf of a prisoner who practices the African Hebrew Israelite religion because the Pendleton Correctional Facility won’t allow the religious group to congregate for prayer unless a volunteer is present.