Finding that a District Court judge should have tried to learn why an inmate had not paid his initial filing fee on a lawsuit before the judge dismissed it for nonpayment, the 7th Circuit Court of Appeals ordered the lower court to take another look at the case.
Because a mother was denied her statutory right to counsel during the course of child in need of services proceedings, and those proceedings directly flowed into the action to terminate her parental rights and adopt out her child, the Indiana Supreme Court vacated the judgment terminating her parental rights.
The Indiana Supreme Court Thursday held that a man can recover the remaining $25,000 available to him under his underinsured motorist policy because he did not receive the full statutory minimum of $50,000 from the tortfeasor’s insurer.
Indiana Court of Appeals
Caylin P. Black v. State of Indiana (NFP)
27A02-1212-PC-981
Post conviction. Affirms denial of petition for post-conviction relief.
George T. Bonin v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1304-EX-376
Agency action. Affirms determination that Bonin was ineligible for unemployment benefits.
City of Valparaiso, Indiana v. Richard and Janet Brown (NFP)
64A03-1307-PL-239
Civil plenary. Affirms order denying the city’s motion for summary judgment as to the Browns’ negligence claim and denying its motion to strike certain exhibits designated and relied upon by the Browns to defend against the city’s motion for summary judgment.
Vincent J. Castaneda v. State of Indiana (NFP)
02A03-1310-CR-416
Criminal. Affirms convictions of Class C felony disarming a law enforcement officer and two counts of Class D felony resisting law enforcement.
Jennifer Fleming v. State of Indiana (NFP)
02A03-1307-CR-257
Criminal. Affirms convictions of Class A felony dealing in methamphetamine; Class D felony possession of more than 10 grams of a precursor; and Class A misdemeanor possession of marijuana, hash oil, hashish, salvia or a synthetic drug.
Joseph Mike Barnett v. JDH Contracting (NFP)
32A01-1307-CT-332
Civil tort. Reverses summary judgment in favor of JDH. As a matter of law, JDH did not owe Barnett a duty pursuant to contract, but a genuine issue of material fact remains as to whether JDH assumed a duty to Barnett through its affirmative conduct.
Shawn Anderson v. State of Indiana (NFP)
49A02-1307-CR-607
Criminal. Affirms convictions of Class D felony criminal recklessness and Class A misdemeanor battery.
Dean R. Pressler v. State of Indiana (NFP)
92A03-1309-CR-351
Criminal. Affirms sentence following guilty plea to Class A felony child molesting, Class B felony sexual misconduct with a minor and Class D felony child seduction.
The Indiana Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
<
Indiana Supreme Court
Joseph D. Hardiman and Jaketa L. Patterson, as Co-Administrators of the Estate of Britney R. Meux, Deceased v. Jason R. Cozmanoff
45S03-1309-CT-619
Civil tort. Affirms the trial court’s ordering the limited stay of discovery regarding only Cozmanoff in the estate’s wrongful death lawsuit against him and requiring him to answer the complaint. The civil suit was brought while criminal charges for Meux’s death were still pending. Notes the ruling does not mean the trial court was constitutionally required to impose the stay but that it did not abuse its discretion by so doing. Remands for further proceedings.
Indianapolis Mayor Greg Ballard's office said early Thursday afternoon that the former General Motors stamping plant site just west of downtown will be the location named in a request for proposals to develop the criminal justice complex. The project is meant to bring together and consolidate Marion County criminal courts, jails and related offices and agencies.
House Bill 1006, legislation updating a sweeping criminal code reform law enacted in 2013, passed the House of Representatives Wednesday and the Senate Thursday, and is now headed to Gov. Mike Pence to be signed into law. IBJ.com has the story.
The Indiana Senate Thursday unanimously passed an update to last year's criminal code reform, sending House Enrolled Act 1006 to Gov. Mike Pence for his signature. The House of Representatives approved the measure Wednesday. The IBJ.com has reaction on the bill's passage.
The Indiana Court of Appeals has affirmed the denial of a dentist’s petition for judicial review of a decision by the State Board of Dentistry which found he violated Indiana Code after a patient’s wisdom teeth surgery.
It should be up to a judge or jury to determine whether a driver’s distance in relation to the vehicle in front of him had any impact on a collision between the driver and another vehicle on Interstate 65.
The Indiana Court of Appeals was divided Thursday over whether a 12-year-old boy accused of child molesting and his mother were afforded the opportunity to have a meaningful consultation before speaking to police. The judges did agree that the boy’s adjudication should be affirmed.
The Indiana Supreme Court Wednesday found a Lake Superior judge did not abuse her discretion in ordering a man criminally charged for the hit-and-run death of a woman to respond to her estate’s wrongful death complaint filed against him.
A man’s appeal of his aggravated battery convictions should proceed to the Indiana Court of Appeals even though the issue of restitution remains unresolved, the Indiana Supreme Court ruled Thursday.
The former General Motors stamping plant west of downtown Indianapolis is Mayor Greg Ballard's preferred location for a new criminal justice complex.
Indiana Court of Appeals
Steven Cox v. State of Indiana (NFP)
79A05-1305-CR-216
Criminal. Affirms conviction of Class A felony conspiracy to commit dealing in methamphetamine.
Arafat Isa v. Catherine A. Adams, Christopher J. Perry, and State Farm Insurance Company (NFP)
64A04-1307-CT-349
Civil tort. Affirms judgment on the evidence in favor of Adams, Perry and State Farm on Isa’s complaint seeking damages arising from a multi-vehicle collision.
Personal Resource Management, Inc., and Margaret A. Ditteon v. Evanston Insurance Company (NFP)
84A01-1304-PL-157
Civil plenary. Affirms summary judgment in favor of Evanston Insurance Co. on Personal Resource Management Inc.’s and Ditteon’s complaint alleging breach of contract and seeking of damages and a declaration that claims they submitted are covered.
Ty Wilkerson v. State of Indiana (NFP)
79A02-1303-CR-234
Criminal. Affirms denial of motion to set aside guilty plea to Class A felony dealing in methamphetamine.
Tasha Ensley, et al. v. Veterans of Foreign Wars, et al. (NFP)
02A03-1308-CT-340
Civil tort. Affirms summary judgment in favor of the Veterans of Foreign Wars, Department of Indiana, in the plaintiffs’ negligence action.
In the Matter of the Termination of the Parent-Child Relationship of: K.S. (Minor Child), and W.W. (Father) v. The Indiana Department of Child Services (NFP)
34A02-1310-JT-876
Juvenile. Affirms termination of parental rights.
Kaneka S. Kidd v. State of Indiana (NFP)
45A04-1308-CR-398
Criminal. Affirms conviction and sentence for felony murder.
Richard W. Tome v. State of Indiana (NFP)
61A05-1307-CR-324
Criminal. Affirms sentence following open plea of “guilty but mentally ill” on four counts of Class B felony criminal confinement.
Miguel A. Lazcano v. State of Indiana (NFP)
49A02-1311-CR-914
Criminal. Affirms trial court order reducing bond to $170,000.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
7th Circuit Court of Appeals
Cindy Golden v. State Farm Mutual Automobile Insurance Company
12-3901
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge James T. Moody.
Civil. Affirms dismissal of Golden’s complaint under Rule 12(b)(6) and denies her motion to certify questions of state law to the Indiana Supreme Court. She alleges in her lawsuit that State Farm owes its insureds a duty to explain at the time a policy is issued that in-house counsel may be used to defend its insureds against third-party claims.
The Lake Superior Court was not required under the county’s case allocation plan to transfer an adoption petition to juvenile court where termination of parental rights proceedings are pending involving the same children, the Indiana Court of Appeals ruled Wednesday.
A Roseland Town Council member couldn’t convince the 7th Circuit Court of Appeals that a District judge was incorrect in dismissing his lawsuit filed after he was removed from the voter registration list while incarcerated.
Indiana’s Juvenile Mental Health Statute’s limited immunity prohibits both use and derivative use of a juvenile’s statements to prove delinquency, the Indiana Supreme Court ruled. The justices were able to come to the conclusion without addressing the question of the statute’s constitutionality.
The 7th Circuit Court of Appeals Tuesday agreed that a woman’s lawsuit against State Farm Mutual Automobile Insurance Co. should be dismissed because state law creates no obligation for an insurer to provide advance notice to an insured that it uses in-house counsel to defend its policyholders.