The Indiana Court of Appeals was divided Tuesday over whether to affirm a man’s conviction of Class C felony battery by means of a deadly weapon following an attack on his son-in-law. The dissenting judge believed the defendant should have been able to include the victim’s prior inconsistent statements at trial.
A bank’s failure to give proper notification of a foreclosure has kept a lienholder’s judgment alive and created uncertainty as to who holds the title to a property.
Although the trial court erred in admitting most of the pornographic images possessed by the defendant at his child molestation trial, the admission was a harmless error. As such, the Indiana Court of Appeals affirmed William Remy’s 95-year sentence for five charges related to repeated molestation of a boy.
A Lake County judge misinterpreted a local rule when he determined that five attorneys seeking pro hac vice admission in a contract dispute did not overcome a presumption that attorneys not licensed in Indiana are not permitted to practice before the court. The Court of Appeals ordered the admission of the attorneys.
Indiana Court of Appeals
Alvin Kim Poe v. State of Indiana (NFP)
34A02-1312-CR-1075
Criminal. Affirms conviction and sentence for Class A felony dealing in methamphetamine.
Ronald Wayne Shewmaker v. State of Indiana (NFP)
10A05-1401-CR-2
Criminal. Affirms conviction and sentence for murder.
Corey Hamersley v. State of Indiana (NFP)
53A05-1309-CR-477
Criminal. Affirms convictions and sentence for Class A felony attempted murder, Class C felony criminal recklessness, Class D felony criminal recklessness and Class A misdemeanor resisting law enforcement.
Larry Warren v. State of Indiana (NFP)
49A02-1402-CR-89
Criminal. Affirms sentence for three counts of Class A felony child molesting and two counts of Class D felony child solicitation.
In the Matter of the Termination of the Parent-Child Relationship of: L.S. & S.S., Minor Children, and T.S., Father v. The Indiana Department of Child Services (NFP)
25A05-1405-JT-238
Juvenile. Affirms termination of parental rights.
Shavaughn Carlos Wilson-El v. T. Esteb, et al. (NFP)
49A02-1312-MI-1073
Miscellaneous. Affirms dismissal of alleged state constitutional rights and reverses dismissal of the part of the lawsuit involving alleged federal violations.
The Estate of Timothy J. Bartruff and All Parties of Interest of Public Record v. Dennis C. Hain and Judith A. Hain (NFP)
64A05-1311-MI-540
Miscellaneous. Affirms denial of the estate’s motion to vacate a judgment that granted Dennis and Judith Hain a tax deed for real property that was previously owned by Timothy Bartruff but sold to the Hains at a tax sale auction.
Charles M. Barlow v. State of Indiana (NFP)
22A01-1402-CR-63
Criminal. Affirms sentence following guilty plea to Class B felony causing death when operating a vehicle with an alcohol concentration equivalent of at least 0.15 or more, three counts of Class C felony reckless homicide, and admitting to being a habitual offender.
In the Matter of the Involuntary Termination of Parent-Child Relationship of G.M. and T.W., Minor Children and Their Father, G.M., G.M. (Father) v. Indiana Department of Child Services et al. (NFP)
49A05-1402-JT-86
Juvenile. Affirms termination of parental rights.
Jeremy Richard Roberts v. State of Indiana (NFP)
48A05-1404-CR-145
Criminal. Affirms convictions and sentence for Class D felony strangulation, Class A misdemeanor domestic battery and Class A misdemeanor battery.
Indiana Court of Appeals
Bryan L. Good v. Wells Fargo Bank, NA.
20A03-1401-MF-14
Mortgage foreclosure. Reverses grant of partial summary judgment in favor of Wells Fargo and the subsequent judgment of foreclosure. The bank has not shown its status as holder of the promissory note signed by Good for purposes of the Uniform Commercial Code. Remands for further proceedings.
The Indiana Court of Appeals has reversed the foreclosure of an Elkhart man’s home, holding the bank that sought the foreclosure did not establish it was entitled to enforce the promissory note as its holder.
The 7th Circuit Court of Appeals had harsh words for counsel on both sides of a lawsuit involving an unpaid educational debt, finding the attorneys have demonstrated “appalling judgment” in this case.
Jeffrey J. Graham, a partner at Taft Stettinius & Hollister LLP in Indianapolis, is the newest Bankruptcy judge in the Southern District of Indiana. The 7th Circuit Court of Appeals announced his appointment Monday.
The Indiana Supreme Court will decide a case that divided the Indiana Court of Appeals over whether marijuana and a pipe found after a traffic stop should be suppressed.
The American Bar Association’s Magna Cart Facsimile Traveling Exhibit begins its 12-day run at the Indiana Statehouse Monday.
The Indiana Department of Correction has been awarded nearly $1 million to identify offenders with traumatic brain injuries and help them avoid a return to prison.
A lawmaker who was one of nine Republican state senators to vote against a right-to-work law two years ago is accused in a lawsuit of failing to pay his employees more than $220,000 in wages and other benefits.
Dozens of residents in southern Indiana could face legal action for failing to pay to tie in to sewer lines in a newly annexed area.
An attorney for a southwestern Indiana man found guilty of fatally shooting his ex-girlfriend's father is asking a judge to reverse the most serious conviction against him.
Indiana Court of Appeals
Ronald D. Lunsford v. State of Indiana (NFP)
20A03-1309-PC-390
Post conviction. Affirms denial of petition for post-conviction relief.
Donald G. Perkins v. State of Indiana (NFP)
03A01-1401-PC-9
Post conviction. Affirms denial of petition for post-conviction relief.
Linus Johnson v. State of Indiana (NFP)
71A03-1405-CR-155
Criminal. Affirms conviction and 30-month sentence in the Department of Correction for Class D felony theft.
Samuel Morris v. State of Indiana (NFP)
49A04-1403-CR-100
Criminal. Affirms conviction of Class D felony strangulation.
Tasha Jones v. State of Indiana (NFP)
49A04-1401-CR-1
Criminal. Affirms conviction of Class A misdemeanor conversion.
Michael Antipin v. State of Indiana (NFP)
31A05-1311-PC-536
Post conviction. Affirms denial of petition for post-conviction relief.
Cardell Parham v. State of Indiana (NFP)
02A03-1403-CR-74
Criminal. Affirms three-year sentence following guilty plea to Class D felony domestic battery.
Nicholas Houston v. State of Indiana (NFP)
49A02-1402-CR-102
Criminal. Affirms convictions of Class A felony criminal deviate conduct, Class B felony criminal deviate conduct, three counts of Class C felony criminal confinement, and Class A misdemeanor battery by bodily waste.
Indiana Court of Appeals
Shacare Terry v. Community Health Network, Inc.
49A04-1312-PL-630
Civil plenary. Affirms dismissal of Terry’s claim of breach of duty against Community Hospital, but reverses dismissal of intentional infliction of emotional distress claim. The breach of duty claim is, in substance, a medical malpractice claim, so the court did not have jurisdiction because it had not been submitted to the medical review panel yet. The trial court had subject matter over Terry’s emotional distress claim.
Judges who have a family member running for elected office may appear in campaign materials as long as the judge’s title or position isn’t mentioned, the Indiana Commission on Judicial Qualifications decided in an advisory opinion released Friday.
A trial court erred when it dismissed a woman’s intentional infliction of emotional distress claim filed against Community Hospital after she says staff made derogatory comments regarding her situation after she was brought in unconscious and under the influence of a date rape drug.
The Indiana Court of Appeals has affirmed the adoption of a child by the maternal grandfather after finding the purported father irrevocably implied consent after failing to timely register with the Indiana Putative Father Registry.