Indiana Court of Appeals
James S. Littrell v. State of Indiana
79A02-1401-CR-24
Criminal. Affirms conviction of Class B felony possession of cocaine. Finds Littrell’s right to a fast and speedy trial was not violated, the evidence is sufficient to support his conviction, and his sentence is appropriate. Remands for the sole purpose of correcting a typographical error in the guilty plea and sentencing orders.
The Indiana Court of Appeals Thursday affirmed the 25-year sentence handed down to a man whose erratic driving led police to pull his vehicle over and discover cocaine on the passenger. The judges found his right to a fast and speedy trial was not violated and the evidence supports that he jointly possessed the cocaine.
The Judicial Council of the 7th Circuit is inviting the public and members of the bar to comment as to whether U.S. Bankruptcy Chief Judge Robert E. Grant of the Northern District of Indiana should be reappointed to a new 14-year term.
The Indiana Court of Appeals has affirmed grant of Duke Energy Indiana’s request to include the amount spent during an 80-day delay in construction of the coal gasification plant in Edwardsport in a rate adjustment rider. Several parties intervened, claiming construction delays attributable to Duke should not be chargeable to ratepayers.
A court official said the man accused in the fatal shooting and stabbing of a fellow Purdue University student pleaded guilty Thursday to murder.
At its most basic level, Lafayette Urban Ministry's immigration services clinic is about family. That notion was in the forefront of Jefferson High School senior Devon Wolfe's mind as he designed the logo for the newly launched clinic.
A northwest Indiana judge has rejected a request by the Indiana attorney general's office that he put on hold his order striking down the state's right-to-work law until the state Supreme Court rules on a similar case.
Indiana Court of Appeals
Westport Homes, Inc. v. Greg Penley and Pam Penley (NFP)
30A01-1403-SC-120
Small claim. Reverses small claims judgment in favor of the Penleys over a breach of contract claim involving a refrigerator. Remands with instructions to enter judgment in favor of Westport.
David Johnson and Ieva S. Johnson and Eva G. Sanders and Joseph K. and Michelle Yeary v. Indiana Department of Environmental Management and Town of Whitestown (NFP)
06A05-1310-PL-506
Civil plenary. Affirms dismissal of the appellants’ petition for judicial review.
Larry Love v. State of Indiana (NFP)
49A04-1311-CR-553
Criminal. Affirms denial of motion to suppress.
Simone Smith v. State of Indiana (NFP)
49A02-1401-CR-21
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Jason G. Squier v. State of Indiana (NFP)
41A01-1311-CR-500
Criminal. Affirms conviction and sentence for Class C felony robbery.
Eric J. Smith v. State of Indiana (NFP)
02A03-1311-CR-449
Criminal. Affirms convictions of murder and Class B felony possession of a firearm by a serious violent felon.
Citi Capital Financial LLC v. Huntington National Bank (NFP)
29A02-1307-PL-643
Civil plenary. Affirms order granting partial summary judgment in favor of Huntington in a lien property dispute between it and City Capital.
In the Matter of the Termination of the Parent-Child Relationship of, A.C., Minor Child, and A.C., Father v. The Indiana Department of Child Services (NFP)
34A05-1402-JT-89
Juvenile. Affirms termination of father’s parental rights.
Brandon Brummett v. State of Indiana (NFP)
49A02-1304-CR-378
Criminal. Grants rehearing and affirms reversal of Brummett’s convictions for child molesting due to prosecutorial misconduct.
Rayshawn Winbush v. State of Indiana (NFP)
48A02-1401-PC-32
Post conviction. Affirms denial of amended petition for post-conviction relief.
Indiana Court of Appeals
Goodrich Quality Theaters, Inc. and Roncelli, Inc. v. Fostcorp Heating and Cooling, Inc., Wilson Iron Works, Inc., Johnson Carpet, Inc., d/b/a Johnson Commercial Interiors
64A03-1308-PL-318
Civil plenary. Affirms ruling in favor of Fostcorp Heating and Cooling and other appellees on various breach of contract claims and foreclosure of mechanic’s liens stemming from the construction of a movie theatre. Roncelli’s appeal was timely filed and the judgments are supported by the findings. It was an abuse of discretion for the trial court to award attorney fees, so reverses those fees in favor of the appellees.
The judgments awarded against the general contractor in the construction of a Portage movie theater are supported by the evidence, the Indiana Court of Appeals affirmed Wednesday. But, the trial court should not have awarded the contractors who sued attorney fees under the mechanic’s lien statute.
The Indiana Court of Appeals Wednesday affirmed that the Journey’s Account Statute applies to revive a proposed medical malpractice complaint filed on behalf of a woman’s granddaughter as her guardian.
The doctrine of “pendent appellate jurisdiction” allows the city of Anderson to ask the District Court to stay proceedings in a case alleging city employees were fired because of political affiliation, ruled the 7th Circuit Court of Appeals. The case against the city is directly tied to the result of the case against the city’s mayor.
A federal judge ruled Tuesday that Indiana must recognize same-sex marriages performed in other states, but says the ruling doesn’t take effect until the 7th U.S. Circuit Court of Appeals rules on the issue.
An Indiana law that would require Planned Parenthood to stop performing drug-induced abortions at a Lafayette clinic or make significant upgrades to the facility wouldn't block women's access to the procedure, attorneys for the state contend.
Indiana Court of Appeals
Eric T. Shamblin v. State of Indiana (NFP)
79A02-1311-CR-994
Criminal. Affirms conviction of Class A felony attempted child molesting and finding Shamblin is a sexually violent predator.
Sean D. Monroe v. State of Indiana (NFP)
39A01-1401-CR-28
Criminal. Affirms Monroe’s eight-year sentence following a guilty plea to Class C felony operating a motor vehicle with a controlled substance listed in Schedule I or II in his blood and Class D felony reckless homicide. Remands for the trial court to correct a clerical error in the abstract of judgment.
In the Matter of the Parent Child Relationship of: M.G. (Minor Child), and S.B. (Father) v. Marion County Department of Child Services (NFP)
49A02-1312-JT-1028
Juvenile. Affirms termination of parental rights.
Indiana Court of Appeals
In the Matter of the Adoption of M.H., W.M. & S.K. v. N.B. & R.B.
82A01-1310-AD-449
Adoption. Affirms order denying W.M. and S.K.’s petition for adoption of M.H. and granting the petition of adoption filed by R.B. and N.B. The appellants did not overcome the presumption that the judge acted impartially when he ruled in favor of N.B. and R.B. The judge received an email from a former fraternity brother in favor of the adoptive family, but he refused to recuse himself in the case because he said he would not consider the person’s argument, stopped reading the email quickly, and had not recently socialized or interacted with the fraternity brother. Finds evidence supports adoption by N.B. and R.B. in the best interests of the child.
Indiana Tech Law School has created the endowed Sara Vaughn Gabbard Scholarship which will award two law students a scholarship for participating in and winning an annual Abraham Lincoln writing competition organized by the school.
The Indiana Court of Appeals affirmed the petition to adopt a child by a couple who have already adopted her half-siblings. Although the couple temporarily dropped their petition to adopt, the judges agreed it is in the child’s best interests to be raised with her siblings.
The 7th Circuit Court of Appeals affirmed three defendants’ convictions stemming from a cocaine distribution ring in Indianapolis but found that there were errors in sentencing the defendants.
The District Court committed a legal error when it withdrew a defendant’s guilty plea on his behalf instead of allowing the defendant the choice to stand by the plea or withdraw it, ruled the 7th Circuit Court of Appeals.