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Because the underlying substantive claims brought against an Indianapolis man regarding his treatment of his dog are quasi-criminal, he is entitled to a jury trial under the Indiana Constitution, the Indiana Court of Appeals has ruled.
A married woman who acted as a surrogate for another couple cannot petition to disestablish her maternity because it would cause the child to be “declared a child without a mother,” the Indiana Court of Appeals determined on interlocutory appeal.
Vault.com’s annual ranking of law firms has landed three firms with Indiana ties in the top 15 in the Midwest, according to associates who work in this region.
The Indiana Court of Appeals held Thursday that a trial court did not err in letting the state present evidence of a victim’s loss for the first time at a restitution hearing. It affirmed an order that Kenneth Smith pay $1,380 to William Kirkham for missing CDs and coins.
A Logan’s Roadhouse server who used a computer to alter the amount of tip a customer left for her on a credit card can be convicted of forgery, the Indiana Court of Appeals affirmed Thursday.
Terre Haute conservative attorney James Bopp Jr. says that an IRS whistleblower suit and other complaints alleging Bopp has diverted funds from the nonprofit James Madison Center for Free Speech to his law firm are part of a “smear machine” by Citizens for Responsibility and Ethics in Washington.
Indiana Court of Appeals
Wesley Young v. State of Indiana (NFP)
49A02-1209-PC-753
Post conviction. Affirms denial of petition for post-conviction relief.
In Re the Marriage of Gregory Young v. Nicole Young (NFP)
20A03-1212-DR-538
Domestic relation. Affirms denial of father’s request to modify custody and the court’s award of maintenance to the mother.
Jacob Fuller v. State of Indiana (NFP)
48A02-1210-CR-848
Criminal. Affirms convictions and sentence for two counts of murder and one count of Class A felony robbery.
Adam Voegel v. State of Indiana (NFP)
49A05-1210-CR-502
Criminal. Affirms convictions and sentence for two counts each of Class A felony child molesting, Class C felony child molesting and Class D felony child solicitation; one count of Class D felony dissemination of matter harmful to minors; and two counts of Class A misdemeanor obscene performance.
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
Wesley Young v. State of Indiana (NFP)
49A02-1209-PC-753
Post conviction. Affirms denial of petition for post-conviction relief.
A gay Indianapolis high school student who was expelled last year for using a device that emits an electric charge to defend himself from bullies has settled his lawsuit against Indianapolis Public Schools for failing to protect him.
Faegre Baker Daniels LLP is now accepting applications for its 2014 Diversity & Inclusion Fellowship program. The fellowships provide experience and mentorship to second-year law students in one of firm’s seven offices.
A southern Indiana attorney accused of staging his shooting a little more than a year ago will avoid a trial that had been scheduled to begin Wednesday. The attorney will enter a guilty plea next month, but attorneys involved with the case said they won’t disclose details.
Indiana Court of Appeals
Term. of the Parent-Child Rel. of: R.J. and T.W. (minor children), C.J. (Mother) and K.J. (Father) v. The Indiana Dept. of Child Services (NFP)
15A01-1207-JT-427
Juvenile. Affirms involuntary termination of parental rights.
Larry A. Rowe, Jr. v. State of Indiana (NFP)
35A02-1212-CR-1016
Criminal. Affirms 12-year sentence for Class B felony burglary.
Brandon T. Wright v. State of Indiana (NFP)
02A04-1211-CR-609
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Steven Gates v. State of Indiana (NFP)
49A02-1208-CR-685
Criminal. Affirms denial of request for credit time for the completion of various programs while Gates was in the Marion County jail awaiting trial.
Raymond E. Schakel v. State of Indiana (NFP)
24A01-1301-CR-42
Criminal. Reverses conviction for Class A felony child molesting following guilty plea. Remands for further proceedings.
Phong Tien v. State of Indiana (NFP)
49A02-1301-CR-23
Criminal. Affirms sentence for Class D felony theft.
Turf Pro Plus, Inc. v. Indianapolis Department of Public Works, The City-County Council, and The Hon. Greg Ballard (NFP)
49A02-1301-CC-66
Civil collection. Dismisses Turf Pro’s appeal of the grant of the city’s motion to dismiss the company’s complaint regarding contracts to mow grass in city parks.
William Zollinger v. State of Indiana (NFP)
20A03-1211-PC-450
Post conviction. Affirms denial of petition for post-conviction relief.
In the Matter of the Termination of Parent-Child Relationship of R.E. and D.E. v. Indiana Department of Child Services (NFP)
20A05-1209-JT-469
Juvenile. Affirms involuntary termination of father’s parental rights.
Eugene Hill v. State of Indiana (NFP)
49A02-1210-CR-797
Criminal. Affirms revocation of probation and order Hill serve a 180-day sentence in the Marion County jail.
John S. Dillman, Jr. v. Michelle Dillman (NFP)
45A03-1209-DR-388
Domestic relation. Affirms order denying father’s petition to modify custody.
Matthew A. Baugh v. State of Indiana (NFP)
18A05-1210-PC-545
Post conviction. Affirms denial of petition for post-conviction relief.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
7th Circuit Court of Appeals
Roger L. Peele v. Clifford Burch, individually and as Portage Police Department Chief, et al.
12-3562
U.S. District Court, Northern District of Indiana, Hammond Division, Magistrate Judge Paul R. Cherry.
Civil. Reverses summary judgment in favor of the city of Portgage and Portage Police Department chief and assistant chief on Peele’s lawsuit that he was transferred out of the detective bureau for talking to a local reporter about the loss of the election by the candidate he supported for mayor. A deposition by a police officer who held the station duty officer position before Peele and the suspicious timing of Peele’s transfer are enough to avoid summary judgment. Remands for further proceedings.
A convicted sex offender’s probation condition restricting his access to certain websites and programs that are frequented by children does not violate the man’s First Amendment rights, the Indiana Court of Appeals ruled Tuesday.
After finding that a federal court in Indianapolis erred in dismissing a former ITT Educational Services Inc. employee’s False Claims Act lawsuit, the 7th Circuit Court of Appeals reversed the nearly $350,000 in sanctions imposed against three law firms representing the woman.
The 7th Circuit Court of Appeals has reversed summary judgment in favor of two Portage police officers and the city on a detective’s claim that he was transferred in retaliation for comments he made to a local newspaper following the mayoral primary election in 2007.
Proposed upgrades to three of the state’s correctional facilities will be among the items considered during Wednesday’s meeting of the Indiana State Budget Committee.
Former leading personal-injury attorney William Conour is scheduled to appear in court to plead guilty to a federal wire fraud charge next week.
A Barnes & Thornburg LLP attorney was arrested over the weekend on suspicion of drunken driving in Hamilton County.
Indiana Court of Appeals
Jason J. Klinker v. State of Indiana (NFP)
08A05-1301-CR-26
Criminal. Affirms trial court’s sentence of three years for Class D felony escape.
In Re: Paternity of B.B.; M.B. v. Y.M.M. (NFP)
71A04-1208-JP-447
Juvenile Paternity. Affirms juvenile court’s finding that M.B., the father, was in contempt for failing to pay certain childcare expenses and that, Y.M.M., the mother, was not in contempt of any court order regarding visitation.
Tharl Pinkston v. State of Indiana (NFP)
38A02-1210-CR-829
Criminal. Affirms trial court’s revocation of Pinkston’s probation.
Jeffrey Bowles v. State of Indiana (NFP)
12A02-1208-CR-654
Criminal. Affirms Bowles’ conviction for Class D felony domestic battery.
Edwin Valladares v. State of Indiana (NFP)
49A04-1211-CR-568
Criminal. Affirms Valladares’ convictions following a bench trial for five counts of Class A felony child molesting, two counts of Class C felony child molesting, and one count of Class B misdemeanor voyeurism.
Daniel Paul Foster v. State of Indiana (NFP)
53A01-1209-CR-414
Criminal. Affirms trial court’s sentencing of Foster to an aggregated 26 years executed in the Department of Correction: 20 years for Class B felony aggravated battery, three years each for the two counts of Class D felony battery resulting in bodily injury to a penal facility employee (to be served consecutively to each other and to the 20 year sentence for Class B felony aggravated battery), and one year for Class A misdemeanor criminal mischief (to be served concurrently to the other sentences).
In Re The Guardianship of Carlton H. Word; Timothy W. Word and Tracy L. Wise v. Rance Buehrer, Guardian of Carlton H. Word (NFP)
76A03-1209-GU-395
Guardianship. Affirms trial court’s judgment that under the terms of the June 4, 1998, second amendment to Carlton’s trust, the Zimmerman Farm must be distributed as part of the trust residuary, rather than as a specific bequest under the trust or pursuant to an undelivered, unrecorded deed.
Christopher Long v. State of Indiana (NFP)
71A03-1211-CR-480
Criminal. Affirms post-conviction court’s denial of Long’s petition for post-conviction relief.
Terrence Boyd v. State of Indiana (NFP)
49A05-1210-CR-498
Criminal. Affirms Boyd’s conviction, after a bench trial, for battery as a Class B misdemeanor.
Benjamen Benjamen v. State of Indiana (NFP)
49A04-1210-CR-524
Criminal. Affirms Benjamen’s conviction for resisting law enforcement, a Class A misdemeanor.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.