Articles

Indiana’s high court hears IBM welfare case

Indiana's Supreme Court justices grilled attorneys for the state and IBM Corp. on Thursday about the company's failed attempt to privatize Indiana's welfare services, which prompted the state to cancel IBM's $1.3 billion state contract less than three years into the 10-year deal.

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Opinions Oct. 30, 2014 ILD

Indiana Court of Appeals
Michael W. Anderson v. State of Indiana (NFP)
45A03-1402-PC-55
Post conviction. Affirms denial of petition for post-conviction relief.

Christopher Hopkins v. State of Indiana (NFP)

79A02-1403-CR-216
Criminal. Affirms sentence for two counts of Class C felony sexual misconduct with a minor and one count of Class D felony possession of marijuana.

E.I. v. State of Indiana (NFP)
49A05-1403-JV-137
Juvenile. Affirms determination E.I. is a delinquent for committing what would be Class B felony child molesting and Class C felony child molesting if committed by an adult.

Letitia Kurabara v. Creative Real Estate Property Management (NFP)
48A02-1402-SC-83
Small claim. Affirms there is an agency relationship between Kurabara and a family friend she rented her house to. Affirms damages award in the amount of $4,724.29, but it is not clear the court accounted for the $1,365 in payments retained by Creative Real Estate Property Management, which managed the property. Remands for further proceedings.

 

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Opinions Oct. 30, 2014

Indiana Supreme Court
Wayne A. Campbell v. State of Indiana
13S05-1410-PC-682
Post conviction. Affirms denial of petition for post-conviction relief, finding no ineffective assistance by trial counsel for, in part, failing to object to an instruction on the definition of “intentionally.” The second sentence of the contested instruction serves to emphasize the heavy burden placed on the state to prove that a defendant acted intentionally.

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Judges reverse teen’s adjudication for resisting law enforcement

Citing lack of evidence, the Indiana Court of Appeals reversed an Indianapolis teen’s adjudication as a juvenile delinquent for committing what would be Class A misdemeanor resisting law enforcement if committed by an adult. None of his actions suggested any criminal activity was afoot.

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Man didn’t prove ineffective assistance of counsel

The Indiana Supreme Court affirmed the denial of post-conviction relief for a man who charged his attorney was ineffective for not doing a better job arguing the sufficiency of the evidence to prove the defendant conspired to commit dealing cocaine.

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Justices: Pattern Jury Instruction 9.05 is correct statement of law

Clearing up confusion among the courts as to whether a jury instruction regarding the definition of “intentionally” can include that the defendant intended to “cause the result” of his conduct, the Indiana Supreme Court affirmed Pattern Jury Instruction 9.05 represents a correct statement of the law.

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Justices reverse judgment for defendants in suit involving student’s death

The Indiana Supreme Court has ordered further proceedings in a negligence lawsuit filed by the parents of a special needs student who died after choking on her lunch at school. The justices found there are questions as to whether the parents complied with tort claim notice requirements, so judgment in favor of the defendants is not proper.

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Bankruptcy cases filed at lowest number since 2007

The total number of bankruptcy cases filed in federal courts for the fiscal year 2014 dropped 13 percent as compared with FY 2013, the Administrative Office of the U.S. Courts announced Wednesday. This is the lowest number of bankruptcy filings for any 12-month period since 2007.

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