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Opinions Oct. 8, 2014 ILD

October 8, 2014

Indiana Court of Appeals
In the Matter of the Involuntary Termination of the Parent-Child Relationship of S.J.L. and J.L., Minor Children, and their father, S.L., S.L. v. Indiana Department of Child Services (NFP)
79A02-1403-JT-205
Juvenile. Affirms termination of father’s parental rights.

Dominique Burton v. State of Indiana (NFP)
49A02-1401-CR-10
Criminal. Affirms conviction of Class C felony possession of cocaine.

Veldon Thompson v. State of Indiana (NFP)
48A04-1402-CR-60
Criminal. Affirms revocation of Thompson’s probation.

Glendal Rhoton v. State of Indiana (NFP)
49A05-1311-PC-563
Post conviction. Affirms denial of petition for post-conviction relief.

Allen E. Vaughn Jr. v. State of Indiana (NFP)
49A02-1308-PC-686
Post conviction. Affirms denial of petition for post-conviction relief.

Frederick L. Freeman v. State of Indiana (NFP)
02A03-1311-CR-455
Criminal. Affirms convictions of Class B felony robbery and Class D felony pointing a firearm.

Indiana Court of Appeals
Rodney A. Richard v. State of Indiana
46A05-1312-CR-628
Criminal. Affirms Class A felony conviction of dealing in cocaine within 1,000 feet of a public park, but reverses Class A felony conviction of dealing in cocaine within 1,000 feet of a family housing complex. The state did not offer sufficient evidence to prove he committed dealing within 1,000 feet of a family housing complex. Remands for the trial court to enter a conviction as a Class B felony and resentence him on that count.

Humvee maker wins $27.9M judgment against supplier

October 8, 2014

A supplier of armored doors for Humvees made for the military overcharged the manufacturer, a federal judge ruled Monday, awarding South Bend-based AM General LLC a $27.9 million judgment.

Justices vacate transfer in insurance policy lawsuit

October 8, 2014

The Indiana Supreme Court decided Tuesday that the Court of Appeals decision regarding an insurance policy sold by Settlers Life Insurance Co. should stand, so it vacated transfer of a case it took in August.

AT&T ‘mobile cramming’ settlement nets refunds for Hoosiers

October 8, 2014

A $105 million settlement reached Wednesday with AT&T Mobility LLC means that nearly half a million Indiana residents may be eligible for refunds for unauthorized charges on their cell phone bills.

Judge halts planned consolidation of Zionsville, Perry Township

October 8, 2014

A Boone County judge has ruled that Zionsville can’t absorb the operations of Perry Township even if voters OK a reorganization plan that’s already on next month’s ballot.

Evidence doesn’t show existence of family housing complex at time of crime

October 8, 2014

The Indiana Court of Appeals reversed a man’s Class A felony conviction for dealing cocaine within 1,000 feet of a family housing complex because the state didn’t prove the complex qualified as family housing under the law at the time of the offense.

IU McKinney launches partnership with Wabash College

October 8, 2014

Indiana University Robert H. McKinney School of Law and Wabash College have entered into a partnership agreement in which two Wabash grads each year will have the chance to attend the law school at half the cost.

ISBA members say ‘yes’ to retaining appellate judges

October 8, 2014

The four Indiana appellate judges up for retention next month have the approval of ISBA members, according to survey results released Tuesday by the organization. Members overwhelmingly voted that the judges should be retained.

US Supreme Court hears dispute over pay for security checks

October 8, 2014

Several Supreme Court justices seem disinclined to find that employers must pay workers for time spent waiting to go through anti-theft security checks at the end of their shifts.

Video shows officer using stun gun in traffic stop

October 8, 2014

A cellphone video released Tuesday shows police in Indiana breaking a car window then using a stun gun on a man after police stopped the driver for not wearing a seat belt. The video, recorded by the driver's 14-year-old son, captured a Sept. 24 confrontation between two adults in the car and police that's the basis of a lawsuit filed in U.S. District Court against several officers and the city of Hammond.

Indiana county clerks told to allow gay marriages

October 8, 2014

The Indiana attorney general's office told county clerks across the state Tuesday that they must issue marriage licenses to same-sex couples.

Keeping death certification accessible is ‘victory for the public’

October 8, 2014

Both the Hoosier State Press Association and the Indiana attorney general are applauding the Indiana Supreme Court’s ruling Tuesday that cause of death information is public.

Indiana Tech Law School hurries up and waits for ABA approval

October 7, 2014

Indiana’s newest law school has entered the long waiting period that comes with the accreditation process.

Disciplinary Actions – 10/8/14

October 7, 2014

Read who’s been recently disciplined by the Indiana Supreme Court.

Opinions Oct. 7, 2014 ILD

October 7, 2014

Indiana Court of Appeals
Shawn L. Moore v. State of Indiana (NFP)
90A02-1401-CR-19
Criminal. Affirms concurrent sentences of 16 years for Class B felony unlawful possession of a firearm by a serious violent felon and eight years for Class C felony corrupt business influence.

Jo Ann Hacker v. Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide (NFP)
67A01-1405-MF-196
Mortgage foreclosure. Affirms summary judgment in favor of Bank of America, N.A. Finds Hacker is directly liable as a matter of law for her breach of the promissory note as a maker and borrower.

Larry W. Dudley v. Review Board of the Indiana Department of Workforce Development and TC Heartland, LLC (NFP)
93A02-1405-EX-326
Civil. Affirms decision by the Review Board of the Indiana Department of Workforce Development that Dudley is disqualified from receiving unemployment insurance benefits because he was discharged for just cause.

Eric D. Smith v. State of Indiana (NFP)
49A02-1404-IF-310
Infraction. Affirms denial of Smith’s Indiana Trial Rule 60(B) motion for relief from judgment. Finds Smith did not present a meritorious defense that he was not the person who was caught speeding and who appeared in court to admit the infraction.

Opinions Oct. 7, 2014

October 7, 2014

Indiana Supreme Court
Evansville Courier & Press and Rita Ward v. Vanderburgh County Health Department
82S04-1401-PL-49
Civil plenary. Reverses determination by trial court and finds death certificates which include the cause of death are public records. Holds a plain reading of the state statute denies public viewing of death information at the Indiana State Department of Health but gives private citizens access to death records at the local county health department. Remands for summary judgment in plaintiffs’ favor and to determine award of attorney fees.

Unanimous Supreme Court holds death certificates are public records

October 7, 2014

Taking what it called a “plain reading” of the state statute, the Indiana Supreme Court ruled death certificates which include the cause of death are public records and should be available to anyone who requests access.

7th Circuit rules against insurer in jurisdiction dispute

October 7, 2014

The 7th Circuit Court of Appeals reversed a federal court judgment in favor of an insurer after the insurer’s motion to intervene in a state court lawsuit on the same matter was denied. The federal court incorrectly determined the state court did not have jurisdiction over an injured worker’s lawsuit.

Mother loses custody after COA rules trial court had jurisdiction

October 7, 2014

A mother’s argument that the trial court did not have jurisdiction to grant full custody of her daughter to the girl’s father did not convince the Indiana Court of Appeals, which found an agreement between the parents gave the court jurisdiction.

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