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Man’s 100-year sentence for impregnating stepdaughter, dealing drugs upheld

February 28, 2013

After pleading guilty to child molesting and dealing in hydrocodone, a Dearborn County man was unable to convince the Indiana Court of Appeals Thursday that his 100-year aggregate sentence should be reduced.

401(k) contributions are income for child support calculation

February 28, 2013

The Indiana Court of Appeals Thursday affirmed that the money a father contributed to his 401(k) account during his marriage may be included as income for purposes as determining child support.

Amendment to law allows father to terminate child support

February 28, 2013

An amendment to Indiana Code last year lowering the age child support may be terminated to 19 trumped a previous dissolution decree that said a father must pay support for his son until he turns 21, the Indiana Court of Appeals has decided.

Medicaid expansion not dead but Legislature still divided

February 28, 2013

When talking about expanding Medicaid under the provisions of the Affordable Care Act, both sides of the aisle in the Statehouse focus on the same point – costs.

Settlement in works for teens expelled for online death threats

February 28, 2013

Griffith Public Schools and the three teens expelled from eighth grade because of a Facebook conversation are in the process of finalizing a settlement agreement, according to a joint status report filed Wednesday in federal court.

Monroe County attorney sentenced for counterfeiting

February 28, 2013

Philip Chamberlain, a Clear Creek attorney accused of stealing from his clients, was sentenced to community service Tuesday by Monroe Circuit Judge Teresa Harper.

Environmental groups lob new suit at I-69 work

February 28, 2013

An Indiana environmental group once again is attempting to stop construction of the Interstate 69 extension between Evansville and Indianapolis by filing suit in federal court.

COA upholds award of attorney fees but orders damages amount reduced against construction company

February 27, 2013

A claimed scrivener’s error on the Secretary of State’s website should not be held against the couple filing the lawsuit against a company, the Indiana Court of Appeals held. The error involving an incorrect address on the website was made by an employee of the company being sued more than two years before the suit was filed.

Opinions Feb. 27, 2013 ILD

February 27, 2013

Indiana Court of Appeals
Paula Tackett v. State of Indiana (NFP)
35A05-1205-CR-267
Criminal. Affirms convictions and sentence for Class A felony dealing in methamphetamine and Class B felony conspiracy to commit dealing.

Michael Chambers v. State of Indiana (NFP)

53A01-1209-CR-401
Criminal. Affirms convictions of two counts of Class B felony sexual misconduct with a minor but remands to the trial court with instructions to impose concurrent sentences.

Jason A. Cafouras v. State of Indiana (NFP)
16A01-1208-CR-347
Criminal. Affirms conviction of Class A misdemeanor of driving while suspended.

Michael Merriweather v. State of Indiana (NFP)
49A05-1204-CR-159
Criminal. Affirms convictions of Class B felonies robbery and attempted robbery, Class A misdemeanor carrying a handgun without a license and Class C felony carrying a handgun without a license. Remands with instructions to correct the abstract of judgment and chronological case summary because they contain clerical errors.

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.
 

Opinions Feb. 27, 2013

February 27, 2013

Indiana Court of Appeals
Lamont Holloway v. State of Indiana
49A02-1207-CR-548
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft. The evidence was sufficient to support the convictions.

Bill creating study of judicial retirement benefits moves to House

February 27, 2013

A Senate bill asking the Legislative Council to have the Pension Management Oversight Commission look at the retirement, disability and death benefits provided to judges and full-time magistrates passed out of the Senate Tuesday by a vote of 50-0.

Judges uphold man’s convictions for stealing from neighbor

February 27, 2013

Lamont Holloway argued that the state didn’t prove that he was the one who stole a television and gaming system from his neighbor, but the Indiana Court of Appeals held that the evidence supports his burglary and theft convictions.

Justices divided over vacating transfer in case seeking severance of offenses

February 27, 2013

Justice Robert Rucker wrote an 11-page dissent from his colleagues after three justices decided to vacate transfer to an appeal stemming from charges involving the alleged sexual assault of four victims.

Law school’s environmental symposium features senior adviser to EPA

February 27, 2013

Indiana University Robert H. McKinney School of Law’s sixth annual spring environmental symposium on March 1 includes keynote speaker Cameron Davis, a longtime advocate for Great Lakes conservation.

Man’s attempts to establish paternity denied

February 27, 2013

The Indiana Court of Appeals reversed denial of a mother’s two motions to dismiss her child’s father’s paternity actions instituted after her husband attempted to adopt the child.

Senate defeats DNA collection bill

February 27, 2013

Legislation that would require every person arrested after June 30 for certain crimes to submit a DNA sample failed to pass the Senate Tuesday.

Long expects Criminal Code revision will get Senate approval

February 27, 2013

Indiana’s first major rewrite of the state’s Criminal Code in more than 30 years is now in the hands of the Senate where the Senate leader believes it will ultimately be approved.

Company loses inverse condemnation claim

February 27, 2013

The 17-month period beginning when a Terre Haute Board of Zoning Appeals ordered a company seeking a special exception to provide public water to surrounding homes and ending when that condition was overturned by a judge did not constitute inverse condemnation, the Indiana Court of Appeals held Wednesday.

Franklin attorney dies suddenly from heart attack

February 26, 2013

A former Bartholomew County public defender died suddenly Feb. 23 in Columbus.

Opinions Feb. 26, 2013 ILD

February 26, 2013

Indiana Court of Appeals
Joseph K. Strong v. State of Indiana (NFP)
49A02-1207-CR-535
Criminal. Affirms conviction of Class B felony burglary and Class D felony theft.

Edgar Duncan v. State of Indiana (NFP)

29A04-1209-CR-450
Criminal. Affirms Class C misdemeanor conviction of operating a vehicle while intoxicated.

In Re: The Paternity of J.P.; J.H. v. P.P. (NFP)

43A03-1206-JP-300
Juvenile. Remands custody petition for reconsideration of evidence relating to a counselor’s assessment and knowledge of alleged threats made by father and to resolve father’s contempt petitions against mother.

Jose Morales v. State of Indiana (NFP)

49A02-1207-CR-607
Criminal. Affirms conviction and sentence of 50 years in prison on two counts of Class A felony child molesting.

Jerry L. Moore v. State of Indiana (NFP)

90A05-1207-CR-370
Criminal. Affirms 15-year executed sentence for conviction of Class B felony dealing in a schedule III controlled substance.

Term. of the Parent-Child Rel. of: B.H., (Minor Child) and K.H.L. (Mother) v. Indiana Dept. of Child Services (NFP)
36A01-1209-JT-416
Juvenile. Affirms termination of parental rights.

Stanley Short v. State of Indiana (NFP)

69A01-1206-CR-268
Criminal. Affirms aggregate sentence of 75 years in prison for convictions of Class A felony rape and criminal deviate conduct; and Class B felony, Class C felony and Class A misdemeanor charges of battery.

In Re: The Matter of A.R., et al., Alleged Children in Need of Services: T.M. v. The Indiana Department of Child Services (NFP)

52A02-1205-JC-388
Juvenile custody. On rehearing, affirms original opinion affirming the trial court finding that mother neglected to ensure the children received proper care.

Indiana Supreme Court and Indiana Tax Court posted no opinions Tuesday by IL deadline. 7th Circuit Court of Appeals issued no opinions Tuesday by IL deadline.
 

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • Howard County judge permanently banned from judicial service

  • State judiciary is considering alternative exam for bar admission

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

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