Articles

Appeals court reversal reunites mother and children

A Grant County trial court abused its discretion in ordering the appointment of guardians for two children, the Indiana Court of Appeals ruled Friday, reversing a guardianship order and instructing the trial court to reunite the children with their mother.

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NCAA asks for dismissal of 2 scholarship lawsuits

The NCAA and 11 conferences that have played major college football in recent years have filed a motion to dismiss two antitrust lawsuits that accuse the association of illegally capping compensation to athletes.

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Opinions Sept. 4, 2014 ILD

Indiana Court of Appeals
Shawnee Wilson v. State of Indiana (NFP)
49A05-1401-CR-13
Criminal. Affirms two convictions of Class D felony neglect of a dependent

David J. Heineman v. State of Indiana (NFP)
02A03-1310-CR-409
Criminal. Affirms convictions of dealing in methamphetamine, a Class A felony; possession of methamphetamine,  a Class B felony; possession of chemical reagents or precursors with intent to manufacture, a Class C felony; possession of a controlled substance, a Class D felony; maintaining a common nuisance,  a Class D felony; and possession of paraphernalia,  a Class A misdemeanor.

Marcus J. Schneider v. State of Indiana (NFP)
52A02-1402-CR-117
Criminal. Affirms sentence following guilty plea to Class D felony residential entry and admission to being a habitual offender. Remands for correction of the sentencing statement.

Kevin I. Colon, Sr. v. State of Indiana (NFP)
90A04-1403-CR-142
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.

In the Matter of the Termination of the Parent-Child Relationship of I.T., S.T., and W.T., minor children, and C.T., Mother, and W.T., Father, et al. v. Indiana Department of Child Services (NFP)
54A01-1402-JT-84
Juvenile. Affirms termination of parental rights.

Markus Burton v. State of Indiana (NFP)
71A04-1402-CR-92
Criminal. Affirms conviction of Class B felony burglary.

In the Matter of the Termination of the Parent-Child Relationship of D.B., Minor Child, and K.S., Mother, K.S. v. Indiana Department of Child Services, et al. (NFP)
45A04-1401-JT-25
Juvenile. Affirms termination of parental rights.

Jeremy Hall v. State of Indiana (NFP)
48A02-1402-CR-134
Criminal. Affirms conviction for failure to return to lawful detention, a Class D felony.

Bradley Cochran v. State of Indiana (NFP)
49A05-1312-CR-601
Criminal. Affirms convictions of Class A misdemeanor driving while suspended and Class D felony operating a vehicle while intoxicated, as well as adjudication as a habitual substance offender.

Robert Mular v. State of Indiana (NFP)
49A02-1311-CR-947
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

Dolen Glenn v. Indiana Department of Correction (NFP)
77A01-1401-SC-25
Small claim. Affirms judgment in DOC’s favor regarding property confiscated from Glenn.
 

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Opinions Sept. 4, 2014

Indiana Supreme Court
TP Orthodontics, Inc., Christopher Kesling, DDS, MS, Adam Kesling, and Emily Kesling, et al. v. Andrew Kesling, Individually and as Trustee of the Andrew C. Kesling Trust Dated March 28, 2001 et al.
46S03-1405-MI-337
Miscellaneous. Finds the trial court abused its discretion in ordering disclosure of the full special litigation committee report, as portions of it containing privileged information cannot be disclosed to the sibling shareholders. Remands to the trial court to conduct an in camera review of the full report to determine whether the designate material is in fact privileged.

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COA splits on reversal of child molesting conviction

A panel on the Indiana Court of Appeals was divided Thursday over whether a man’s Class A felony child molesting conviction should be overturned. The dissenting judge believed any error by the trial court was harmless, so the conviction should stand.

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Defendant loses on ineffective counsel claim

A defendant did not show that he was denied the effective assistance of appellate counsel, so the court correctly denied his petition for post-conviction relief, the Indiana Court of Appeals ruled.

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Judge: Inevitable discovery rule could apply under state constitution

The Indiana Court of Appeals unanimously reversed a man’s convictions stemming from his alleged use of a stolen credit card at a gas station in Hancock County. But the judges on the panel didn’t agree whether the state’s argument of inevitable discovery is allowed under the Indiana Constitution.

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Court affirms bank lacks standing to appeal termination of trusts

The Indiana Supreme Court agreed with the Court of Appeals that a bank’s appeal of the termination of two of its trusts must be dismissed for lack of jurisdiction. The bank, as trustee, lacked standing to appeal in its representative capacity and did not appeal in its individual capacity.

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Opinions Sept. 3, 2014 ILD

Indiana Court of Appeals
Brian S. Hartman v. State of Indiana (NFP)
68A05-1311-CR-579
Criminal. Affirms the allowance of an amendment to Hartman’s charging information and the refusal to sever count I from counts II and III.

Town of Cedar Lake v. Review Board of the Indiana Department of Workforce Development and Mary J. Dickson (NFP)
93A02-1402-EX-72
Agency action. Affirms decision that Dickson is entitled to unemployment benefits.

Brian House v. State of Indiana (NFP)
48A04-1402-CR-78
Criminal. Affirms sentence following guilty plea to Class D felony operating a vehicle while intoxicated and Class A misdemeanor operating a vehicle while intoxicated, which were merged by the trial court.

Anthony Johnson v. State of Indiana (NFP)
49A04-1312-CR-612
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Papa Ndiaye v. Review Board of the Indiana Department of Workforce Development and Federal Mogul Corp. (NFP)
93A02-1402-EX-124
Agency action. Affirms decision Ndiaye is ineligible for unemployment benefits.

Tarik Fields v. State of Indiana (NFP)
49A02-1401-CR-27
Criminal. Affirms sentence for Class D felonies criminal recklessness and criminal confinement.

Raveon Harrell v. State of Indiana (NFP)
71A03-1310-PC-412
Post conviction. Affirms denial of petition for post-conviction relief.

B.J. v. State of Indiana (NFP)
28A01-1403-JV-113
Juvenile. Affirms adjudication that B.J. committed what would be Class D felony receiving stolen property, if committed by an adult.

Samantha Lee v. State of Indiana (NFP)
31A01-1401-CR-4
Criminal. Affirms convictions of one count of Class D felony neglect of a dependent and four counts of Class A misdemeanor neglect of a vertebrate animal.

Charles W. Turner v. Montague M. Oliver, Jr. (NFP)
48A02-1402-CT-110
Civil tort. Affirms order denying Turner’s motion to correct error after judgment was entered in favor of Oliver on Turner’s complaint involving his Westlaw account.

Kristen Shane Lester v. State of Indiana (NFP)
47A01-1402-CR-95
Criminal. Affirms order revoking Lester’s direct placement in community corrections and placement in the custody of the DOC.

J.J. v. State of Indiana (NFP)
49A04-1401-JV-18
Juvenile. Affirms awarding wardship of J.J. to the DOC.

Brandon J. Lunkin v. State of Indiana (NFP)
20A03-1401-CR-46
Criminal. Affirms aggregate 44-year sentence in the DOC following a guilty plea to three counts of Class B felony dealing in cocaine and admitting to being a habitual offender.

David Hooker v. State of Indiana (NFP)
82A01-1311-CR-523
Criminal. Affirms denial of motion to vacate guilty plea entered into in 2001.

Mariea L. Best v. Russell C. Best (NFP)
06A04-1403-DR-124
Domestic relation. Affirms contempt order against Mariea Best.

Davetta Davidson v. State of Indiana (NFP)
71A03-1401-CR-4
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

Cameron Wood v. State of Indiana (NFP)
34A02-1311-CR-953
Criminal. Affirms sentences imposed for Class B felony rape and Class C felony criminal confinement and remands to the trial court to vacate the convictions and sentences for Class B felony child molesting and Class D felony sexual battery.

Jared W. Baehl v. State of Indiana (NFP)
87A01-1311-CR-515
Criminal. Remands for clarification as to the offense of which Baehl was convicted.
 

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