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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