An 11-year-old boy adjudicated delinquent for acts that would be Class B and Class C felony child molesting if committed by an adult failed to persuade a Court of Appeals panel Friday that statutes as applied to him are unconstitutionally vague and the evidence didn’t support a true finding.
The 7th Circuit Court of Appeals vacated a sentence for possession of child pornography Thursday that it ruled imposed an unconstitutionally vague condition of supervised release. The court affirmed, in the case, convictions of attempting to distribute heroin and illegal possession of a firearm.
Indiana Court of Appeals
Edward Lee Matthys v. State of Indiana (NFP)
79A02-1303-CR-217
Criminal. Affirms termination from county re-entry court program and placement in the Department of Correction.
Lincolnshire Healthcare Operations Company, LLC, Lincolnshire Healthcare Center, Inc., and Tender Loving Care Management, Inc. v. The Estate of Dora Berry, by Personal Representative Rita Claxton (NFP)
45A05-1306-CT-276
Civil tort. Reverses denial of Lincolnshire’s motion to compel arbitration. Remands for further proceedings.
In the Matter of the Adoption of T.G.: D.G. v. M.C. (NFP)
89A04-1305-AD-260
Adoption. Affirms order that father’s consent to adoption was not required.
Derrick Barbour v. State of Indiana (NFP)
32A01-1304-CR-144
Criminal. Affirms conviction of Class A misdemeanor operating a motor vehicle with a BAC greater than or equal to 0.15 and an infraction for driving with a suspended license.
Joseph K. Buelna v. State of Indiana (NFP)
20A04-1305-CR-223
Criminal. Affirms conviction and sentence for Class A felony manufacturing methamphetamine.
John Wallace v. State of Indiana (NFP)
49A02-1306-CR-524
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
John McLaughlin v. State of Indiana (NFP)
49A05-1305-CR-245
Criminal. Affirms denial of motion to suppress.
In the Matter of the Civil Commitment of T.K. v. Department of Veterans Affairs, Richard L. Roudebush VA Medical Center (NFP)
49A02-1310-MH-878
Mental health. Affirms involuntary commitment to the VA Medical Center.
John Kryza v. State of Indiana (NFP)
64A05-1305-CR-239
Criminal. Affirms convictions of Class C misdemeanor OWI with an alcohol concentration equivalent of at least 0.08 grams but less than 0.15 grams of alcohol and Class C misdemeanor OWI.
Casey M. Jordan v. State of Indiana (NFP)
02A04-1307-CR-355
Criminal. Affirms sentence for conviction for indirect contempt of court arising from the violation of a no-contact order.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Court of Appeals
In Re: The Matter of C.L., a Delinquent v. State of Indiana
05A04-1306-JV-319
Juvenile. Reverses adjudication that C.L. is delinquent for committing what would be Class A misdemeanor intimidation if committed by an adult. It was not established that C.L. committed intimidation for a prior lawful act. The evidence established that the alleged threats C.L. directed toward his grandfather were aimed at influencing future conduct, rather that in retaliation for past conduct. Judge Najam dissents.
The Indiana Supreme Court has fined a Monroe County attorney for practicing law while suspended. This week, the justices also suspended an Indianapolis attorney who pleaded guilty to felony wire fraud.
The Indiana Court of Appeals awarded a Grant County man nearly $375 after finding a surplus was owed to him when his property sold at a sheriff’s sale for more than what was calculated by the trial court based on an agreed judgment between the man and the bank.
A woman who signed a move-in agreement at a skilled nursing facility as a “responsible party/agent” for her mother was able to prove to the Indiana Court of Appeals she should not be liable for money owed by her mother for care while at the facility.
Indiana Senate President Pro Tem David Long announced Thursday morning that House Joint Resolution 3 – which seeks to amend Indiana’s Constitution to ban gay marriage – will be heard by the Rules and Legislative Procedure Committee.
Split over whether a teen’s threats toward his grandfather were intended to place the man in fear of retaliation for a prior lawful act, two Indiana Court of Appeals judges reversed a teen’s delinquency adjudication for committing intimidation.
Indiana Court of Appeals
Emergency Services Billing Corporation, Individually and as Agent of the Brooklyn Volunteer Fire Department v. Tonia Conklin and American Family Insurance Group (NFP)
49A05-1309-PL-428
Civil plenary. Reverses summary judgment in favor of Conklin and American Family granted by the court prior to the due date of Emergency Services Billing Corp.’s response brief under Indiana Trial Rules. Remands for further proceedings.
Talesa Howell v. State of Indiana (NFP)
57A05-1306-CR-314
Criminal. Affirms sentence following probation revocation.
Ronald Lemon v. State of Indiana (NFP)
82A05-1305-CR-221
Criminal. Affirms conviction of Class D felony auto theft.
Joseph Franklin v. State of Indiana (NFP)
49A04-1307-CR-323
Criminal. Reverses Franklin’s conviction of Class D felony possession of a controlled substance.
Maurice D. Beckham v. State of Indiana (NFP)
45A04-1305-CR-234
Criminal. Affirms sentence following guilty plea to murder.
Mark F. Johnson v. State of Indiana (NFP)
02A03-1305-CR-182
Criminal. Affirms sentence for Class A felony burglary.
Jesus Maldonado v. State of Indiana (NFP)
45A04-1307-CR-333
Criminal. Affirms sentence for Class B felony stalking.
In Re the Paternity of A.C.P-C., J.P. v. J.H.C. (NFP)
79A02-1305-JP-423
Juvenile. Affirms grant of father’s petition to prevent mother from relocating with the child.
Thomas Walker v. State of Indiana (NFP)
89A01-1305-CR-248
Criminal. Affirms Class D felony conviction of receiving stolen property.
Andre Marshall, Jr. v. State of Indiana (NFP)
45A03-1305-CR-191
Criminal. Affirms convictions and sentences for Class B felony criminal confinement, Class B felony robbery, Class C felony intimidation, Class D felony pointing a firearm and Class A misdemeanor battery.
Robert L. Neale v. Correctional Medical Services, Inc., et al (NFP)
52A05-1307-CT-361
Civil tort. Affirms summary judgment for the defendants on Neale’s suit alleging medical malpractice and general negligence in the treatment of his injuries sustained from punching his cellmate in the face.
Lynda A. Harris-Martinez v. State of Indiana (NFP)
02A03-1304-CR-123
Criminal. Affirms sentence for Class B felony failure to stop after an accident resulting in injury or death following her guilty plea to four counts of Class A misdemeanor failure to stop after an accident resulting in injury or death, one count of Class B felony failure to stop after an accident resulting in injury or death, and one count of Class D felony operating a vehicle while intoxicated causing serious bodily injury.
Michael Eaton v. State of Indiana (NFP)
29A02-1308-CR-699
Criminal. Affirms conviction of Class C felony battery resulting in serious bodily injury.
Ivan C. Patterson v. CitiMortgage, Inc. (NFP)
45A03-1212-MF-548
Mortgage foreclosure. Affirms denial of motion for relief from judgment under Ind. Trial Rule 60(B).
In the Matter of the Termination of the Parent-Child Relationship of: M.P. and E.P. (Minor Children), and F.P. (Mother) v. The Indiana Department of Child Services (NFP)
23A01-1307-JT-308
Juvenile. Affirms termination of parental rights.
Kathleen Walton, Personal Representative of Estate of Mary Cox, Deceased v. Estate of Glenn Swisher, Deceased (NFP)
49A02-1307-EU-626
Estate, unsupervised. Affirms grant of summary judgment in favor of the estate of Glenn Swisher.
Ryan Bailey v. State of Indiana (NFP)
49A02-1305-CR-419
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Dawn M. Bailey v. State of Indiana (NFP)
84A01-1308-CR-346
Criminal. Affirms revocation of probation and reinstatement of the remainder of Bailey’s suspended sentences.
Fredrick Kyles v. State of Indiana (NFP)
49A02-1305-CR-446
Criminal. Affirms convictions of one count each of Class B felonies robbery and criminal recklessness.
Aaron Gordy v. State of Indiana (NFP)
29A02-1306-CR-504
Criminal. Affirms revocation of placement in community corrections.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
Cory L. Meadows v. State of Indiana
39A01-1305-CR-215
Criminal. Affirms the denial of Meadows’ request for credit for the time he served on electronic monitoring while he was in the drug court program. After examining the statutory provisions governing sentencing, electronic monitoring and deferral programs, concludes it was within the court’s discretion to deny the credit toward his sentence.
Indiana University School of Public and Environmental Affairs professor Lisa Blomgren Amsler will receive the American Bar Association Dispute Resolution Section’s Award for Outstanding Scholarly Work. Amsler is one of the nation’s foremost experts in the field of dispute resolution.
After evaluating the statutory provisions concerning sentencing, electronic monitoring and deferral programs, the Indiana Court of Appeals ruled it was within the trial court’s discretion to deny a man credit time toward his sentence for time he spent on electronic monitoring while participating in a drug court program.
The Indiana Court of Appeals released a divided opinion Wednesday on the issue of whether damages awarded under the Indiana Sales Representative Act are punitive in nature. The majority affirmed the trial court’s ruling that damages awarded under the Act would be subject to the evidentiary standard, limitation and diversion provisions of Indiana’s punitive damages statute.
After receiving the unexpected invitation to help at the 2014 Olympic Winter Games, Gary Roberts said he did not think about it for more than a second before accepting.
A Clark County woman improperly jailed more than 150 days was freed earlier this week when prosecutors discovered she was still being held after an order that she spend 48 hours in detention.
Indiana Court of Appeals
Michael Johnson v. State of Indiana (NFP)
49A02-1307-CR-590
Criminal. Affirms convictions of seven counts of Class A felony and three counts of Class C felony child molesting and habitual offender finding.
Jesse Imel v. State of Indiana (NFP)
48A04-1306-CR-280
Criminal. Affirms conviction and 18-year sentence for Class B felony incest.
John Collins v. State of Indiana (NFP)
15A01-1306-CR-277
Criminal. Affirms conviction of Class D felony auto theft.
Thomas A. Christopher v. Mike Raisor Imports (NFP)
79A05-1304-SC-214
Small claims. Affirms judgment in favor of Mike Raisor Imports.
In the Matter of the Involunatary Termination of the Parent-Child Relationship of K.B., Minor Child, and Her Mother, M.B., M.B. v. Indiana Department of Child Services (NFP)
69A05-1305-JT-230
Juvenile. Affirms termination of parental rights.
Raul Fuentes v. State of Indiana (NFP)
02A03-1306-CR-223
Criminal. Affirms conviction of three counts of Class A felony and four counts of Class C felony child molesting.
Eleanor L. Mitchell v. RIH Acquisitions IN, LLC, d/b/a Resorts East Chicago (NFP)
45A03-1306-CT-226
Civil tort. Affirms jury verdict that defendants were not at fault for Mitchell’s injuries sustained in a fall in a casino parking lot.
Charles A. DePree v. State of Indiana (NFP)
20A05-1308-PC-420
Post conviction. Affirms post-conviction court’s grant in part and denial in part of a petition for relief from a conviction of Class B felony dealing in methamphetamine.
Reginal Exson v. State of Indiana (NFP)
79A02-1306-CR-490
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Tuesday.
7th Circuit Court of Appeals
Bitler Investment Venture II, LLC, et al. v. Marathon Petroleum Company LP, et al.
12-3722.
Civil. Affirms in part, reverses in part a $269,000 judgment in favor of Bitler. Remands with instructions to double damages awarded under Michigan’s laws regarding doctrine of waste for properties that Marathon failed to maintain and were ultimately condemned. Reverses dismissal of certain contract claims and remands to the District Court for the Northern District of Indiana for trial on those issues.
The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding he failed to establish that he received ineffective assistance of trial counsel with respect to either the manner in which voir dire was conducted or in the failure to object to the supplemental jury instruction defining “intentionally.”
A woman who brutally attacked her boyfriend’s minor child had her conviction overturned by the Indiana Court of Appeals on the grounds that the trial court did not have enough evidence to contradict the psychiatrists’ reports and find her guilty but mentally ill.