Divided Supreme Court reinstates parental termination order
The Indiana Court of Appeals impermissibly reversed termination of a father’s parental rights, a majority of the Indiana Supreme Court ruled Friday in reinstating a trial court order.
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Central American judge visits Indianapolis to learn about Indiana judicial system
A member of Guatemala’s judiciary is making a two-day visit to Indianapolis to learn and exchange ideas with judges, attorneys and other dignitaries.
Federal suit filed against Indiana marriage statute
While Indiana’s same-sex marriage amendment is on hold in the Legislature, a challenge to the state’s law banning same-sex marriage was filed March 7 in U.S. District Court for the Southern District of Indiana.
Institute analyzing proposed sites for Marion County criminal justice complex
The Indiana University Public Policy Institute is analyzing proposed sites for a Marion County Criminal Justice Complex and may reveal its findings by the end of next week.
Opinions March 7, 2014 ILD
Indiana Court of Appeals
Jimel Pimpton v. State of Indiana (NFP)
49A02-1308-CR-676
Criminal. Affirms revocation of placement in community corrections.
Deangelo LaJuan Curry v. State of Indiana (NFP)
02A05-1308-CR-432
Criminal. Affirms conviction of Class D felony possession of marijuana and resisting law enforcement.
Xxavier Jones v. State of Indiana (NFP)
79A02-1308-CR-705
Criminal. Affirms aggregate 30-year sentence for conviction of Class B felony robbery, two counts of Class B felony criminal confinement and Class D felony theft.
In the Matter of the Termination of the Parent-Child Relationship of: H.W. (Minor Child) and B.M. (Father); B.M. v. The Indiana Department of Child Services (NFP)
49A02-1308-JT-722
Juvenile. Affirms termination of parental rights.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
Opinions March 7, 2014
Indiana Court of Appeals
Jimel Pimpton v. State of Indiana (NFP)
49A02-1308-CR-676
Criminal. Affirms revocation of placement in community corrections.
Fellow at Ukrainian law school to speak at IU McKinney
Indiana University Robert H. McKinney School of Law will focus on the troubled country of Ukraine during an upcoming lecture presented through the International Student Speaker Series.
Deadline to comment on pro bono reporting requirement nears
Indiana attorneys who wish to share comments about required pro bono reporting have until April 1 to provide their views.
Opinions March 6, 2014 ILD
Indiana Court of Appeals
Michael Williams v. State of Indiana (NFP)
49A02-1307-CR-569
Criminal. Affirms conviction of Class A misdemeanor battery resulting in bodily injury.
Mellondie Bensen v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1311-EX-920
Agency action. Affirms denial of claim for certain unemployment benefits.
Richard A. Perkey v. State of Indiana (NFP)
20A03-1303-CR-77
Criminal. Affirms conviction of Class B felony rape.
Zao Burrell v. State of Indiana (NFP)
76A03-1305-CR-165
Criminal. Affirms sentence for murder, Class A felony attempted murder and Class A misdemeanor carrying a handgun without a license.
In the Matter of the Termination of the Parent-Child Relationship of: M.M., G.M., and D.M., K.M. (Mother) and R.M. (Father) v. The Indiana Department of Child Services (NFP)
26A01-1308-JT-345
Juvenile. Affirms termination of parental rights.
Eric Keith v. Indiana Bell (NFP)
93A02-1308-EX-758
Agency action. Affirms determination Keith is not entitled to additional benefits under the Indiana Worker’s Compensation Act.
Craig Hoog v. State of Indiana (NFP)
49A05-1308-CR-392
Criminal. Affirms conviction of Class C misdemeanor failure to stop after an accident resulting in property damage but reverses conviction of Class A misdemeanor resisting law enforcement.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions March 6, 2014
Indiana Supreme Court
Fayette County Board of Commissioners v. Howard Price
21S04-1308-PL-530
Civil plenary. Reverses the trial court and remands this cause for the entry of summary judgment in favor of the board. Holds that the employment decision by the Fayette County Board of Commissioners with respect to Howard Price is not subject to judicial review.
Highway supervisor’s termination not subject to judicial review
Because the decision by the Fayette County Board of Commissioners to not reappoint its county highway supervisor was a ministerial decision, the Indiana Supreme Court held it was not subject to judicial review.
Mental health witnesses, nonsupport bills move to governor’s desk
The Indiana Senate Wednesday concurred with changes made to legislation outlining who a court may appoint in determining whether a defendant is insane. On Tuesday, senators approved language in the expungement bill granting the Board of Law Examiners access to sealed expunged conviction records.
Judges order more proceedings in property distribution after divorce
Citing inconsistencies and lack of information, the Indiana Court of Appeals ordered more proceedings to determine issues of spousal maintenance and distribution of the marital estate in a divorce case.
COA: Buyer complied with notice statutes for obtaining tax deed
Noting that the parties and trial court did not follow the established procedures to set aside a tax deed, the Indiana Court of Appeals held that the court erred in finding a buyer’s notices sent certified mail were statutorily deficient. The notices did not request return receipt.
Feds find numerous issues at state workplace-safety agency
Indiana’s workplace safety agency mishandled complaints, put its inspectors under strict time constraints, failed to help whistleblowers and even declined to inspect an Indianapolis Power & Light plant last spring after workers reported a dust explosion, according to findings by federal investigators issued in a report Wednesday. The IBJ's Kathleen McLaughlin has more about the Occupational Safety and Health Administration's investigation.
IU Maurer moot court judges include justice, bankruptcy judge
Indiana Justice Loretta H. Rush and U.S. Bankruptcy Judge Robyn L. Moberly of the Southern District of Indiana will join three others Friday in presiding over the final round of Indiana University Maurer School of Law’s annual Sherman Minton Moot Court Competition.
Judges order woman resentenced for health care fraud
The 7th Circuit Court of Appeals found that a woman knowingly and voluntarily pleaded guilty to one count of health care fraud, but it sent her case back to the District Court for resentencing. The District judge violated the ex post facto clause by sentencing her under the wrong version of the sentencing guidelines.
Opinions March 5, 2014 ILD
Wednesday’s opinions
Indiana Court of Appeals
Lyndon C. Davis v. State of Indiana (NFP)
45A04-1304-CR-207
Criminal. Affirms murder conviction.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions March 5, 2014
7th Circuit Court of Appeals
United States of America v. Carol Y. Woodard
12-3363
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Criminal. Finds the District Court did not abuse its discretion by not ordering a second competency evaluation because the court reached a reasonable conclusion after it reviewed a previous psychological evaluation, considered the advice of two mental health professionals, and considered Woodard’s interactions with her attorney. Finds the District Court violated the ex post facto clause at sentencing by sentencing her under the wrong version of the sentencing guidelines. Remands for resentencing.
ATF agent’s testimony supports gun conviction
The 7th Circuit Court of Appeals affirmed a man’s weapons conviction Tuesday, ruling that the expert testimony of an agent of the Bureau of Alcohol Tobacco Firearms and Explosives could be used to prove that a gun had crossed state lines.