Home » neglect

neglect

Articles

Opinions Jan. 22, 2014 ILD

Indiana Court of Appeals
Antoine Duff v. State of Indiana (NFP)
49A02-1306-CR-503
Criminal. Affirms 16-year sentence, with 10 years executed and six years suspended, for Class B felony battery.

Anthony Barnett v. State of Indiana (NFP)
22A01-1302-PC-84
Post conviction. Affirms denial of petition for post-conviction relief.

Zachary Buza v. State of Indiana (NFP)
61A05-1304-CR-149
Criminal. Affirms convictions of Class A felony attempted murder, Class B felony attempted aggravated battery, two counts of Class C felony criminal recklessness and Class A misdemeanor battery resulting in bodily injury.

Michael E. Mattingly v. Review Board of the Indiana Department of Workforce Development, and Meijer Stores Limited Partnership (NFP)
93A02-1304-EX-383
Agency action. Affirms denial of unemployment benefits.

Bruce Jones v. State of Indiana (NFP)
49A02-1304-CR-363
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

In the Matter of the Termination of the Parent-Child Relationship of B.B. and B.B. (Minor Children), A.S. (Mother) v. The Indiana Department of Child Services (NFP)
49A02-1305-JT-431
Juvenile. Affirms denial of mother’s motion for relief from judgment following termination of parental rights.

Michael T. Smith v. State of Indiana (NFP)
49A04-1304-CR-172
Criminal. Affirms conviction of Class C felony child molesting.

Challie A. Gray v. State of Indiana (NFP)
49A02-1306-CR-534  
Criminal. Affirms murder conviction.

Antonio D. Johnson v. State of Indiana (NFP)
48A04-1305-CR-241
Criminal. Affirms revocation of probation.

Kevin Joseph Cherrone v. State of Indiana (NFP)
71A03-1305-CR-187
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Tabitha Edwards v. State of Indiana (NFP)
29A02-1305-CR-444
Criminal. Affirms convictions of Class A misdemeanor operating a vehicle while intoxicated endangering a person and Class D felony operating a vehicle while intoxicated with a prior within five years.

Justin Kyle Loy v. State of Indiana (NFP)
48A04-1303-CR-148
Criminal. Affirms order revoking probation.

J.F. v. State of Indiana (NFP)
49A04-1305-JV-247
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class D felony theft if committed by an adult.

Reginald Binion v. State of Indiana (NFP)
45A05-1304-CR-177
Criminal. Affirms 15-year sentence following guilty plea to Class B felony attempted armed robbery.

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.
 

Read More

IndyBar releases judicial candidate survey results

A Marion County Superior judge currently suspended pending final disciplinary action was overwhelmingly not recommended by her peers to be re-elected, according to a survey released by the Indianapolis Bar Association’s Judicial Excellence Committee.

Read More

Bosma moves HJR3 to new committee, citing need to vote

Speaker of the House of Representatives Brian Bosma Tuesday moved House Joint Resolution 3, which would ban same-sex marriage through Indiana’s Constitution, and related House Bill 1153 from the House Judiciary Committee to the Elections and Apportionment Committee. The move led Democrats to accuse the speaker of “changing the rules in the middle of the game.”

Read More

Opinions Jan. 21, 2014 ILD

Indiana Court of Appeals
Terry Berry v. State of Indiana (NFP)
49A02-1307-CR-583
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Christopher Jethroe v. State of Indiana (NFP)
49A05-1304-CR-155
Criminal. Remands with instructions to the trial court to revise the sentence on the Class C felony dealing in marijuana conviction downward to a term of imprisonment within the range authorized by the Class C felony sentencing statute. Affirms conviction of Class A felony dealing in a controlled substance within 1,000 feet of school property.

Tievon N. Nichols v. State of Indiana (NFP)
20A03-1307-CR-293
Criminal. Affirms aggregate 50-year executed sentence following guilty plea to one count of Class A felony burglary, two counts of Class B felony robbery while armed with a deadly weapon and one count of Class B felony criminal confinement.

Brandon M. Ebeyer v. State of Indiana (NFP)
49A02-1304-CR-372
Criminal. Reverses conviction of Class A misdemeanor criminal trespass.

In the Matter of the Termination of the Parent-Child Relationship of: N.I., the minor child, and K.I., the mother, K.I. v. The Indiana Department of Child Services (NFP)
91A04-1305-JT-244
Juvenile. Affirms involuntary termination of parental rights.

Smita Radhakrishnan v. Access Therapies, Inc. (NFP)
49A02-1303-PL-202
Civil plenary. Reverses award of $32,237.60 in damages plus costs for a breach of contract and remands for further proceedings. Affirms dismissal of Radhakrishnan’s counterclaim requesting attorney fees and costs.

Charles E. Howard v. State of Indiana (NFP)
53A01-1304-CR-164
Criminal. Dismisses appeal of denial of motion to correct error following denial of motion for jail time credit.

Edward Zaragoza v. State of Indiana (NFP)
79A02-1209-CR-744
Criminal. Affirms convictions of Class A felonies murder, conspiracy to commit robbery, conspiracy to commit burglary, attempted robbery and burglary; Class D felonies conspiracy to commit theft and theft; and Class B felony possession of a firearm by a serious violent felon as well as determination Zaragoza is a habitual offender.

Darrell Kirkwood v. State of Indiana (NFP)
31A01-1305-CR-209
Criminal. Affirms revocation of probation and imposition of previously suspended sentence.

VPR Properties, LLC and Purna Veer and Radhika Veer v. Affiliated Foot Care Clinic, PC (NFP)
10A04-1304-PL-177
Civil plenary. Affirms judgment in favor of Affiliated Foot Care Clinic after it filed a breach of contract action against VPR properties.

Timothy J. Padgett v. State of Indiana (NFP)
51A01-1305-CR-228
Criminal. Affirms conviction of Class B felony burglary.

Donald Ware v. State of Indiana (NFP)
49A02-1304-PC-370
Post conviction. Affirms denial of petition for post-conviction relief.

The Indiana Tax Court posted no opinions by IL deadline.
 

Read More

Opinions Jan. 21, 2014

7th Circuit Court of Appeals
United States of America v. Lovoyne Drain
12-3684
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms above-guidelines sentence for possession of a firearm by a felon. Section 4A1.3(a)(3), like every provision of the sentencing guidelines, is advisory. And the judge did not violate Drain’s right to due process by taking into account his arrest history as part of her evaluation of the sentencing factors under 18 U.S.C. Section 3553(a).
 

Read More

Improper conduct by trial court does not require reversal of contempt order

The Indiana Court of Appeals Tuesday found a trial judge committed some improper conduct during a hearing on a protective order, with one judge noting the court was “precariously close to crossing the line” when intervening in the proceedings. Despite this, the appellate court affirmed the order of contempt in favor of the petitioner.

Read More

Justices take case arguing retroactivity for revised criminal code

A man convicted of cocaine charges as a Class A felony and ultimately sentenced to 38 years in prison will get to argue to the Indiana Supreme Court that his punishment is disproportionate to the reduced offense that will take effect in July as part of Indiana’s revised criminal code.

Read More

Opinions Jan. 20, 2014 ILD

The following Indiana Court of Appeals opinion was posted after IL deadline Friday:
Marilyn South v. Harry South (NFP)
15A01-1306-DR-251
Domestic relation. Affirms dissolution of marriage and division of assets.

The Indiana Supreme Court, Court of Appeals, Tax Court and 7th Circuit Court of Appeals are closed Monday in observance of Martin Luther King Jr. Day.
 

Read More

Opinions Jan. 20, 2014

The following Indiana Court of Appeals opinion was posted after IL deadline Friday:
Marilyn South v. Harry South (NFP)
15A01-1306-DR-251
Domestic relation. Affirms dissolution of marriage and division of assets.

The Indiana Supreme Court, Court of Appeals, Tax Court and 7th Circuit Court of Appeals are closed Monday in observance of Martin Luther King Jr. Day.

Read More

Many small firms to opt out of health benefits in 2015

Many employers with fewer than 50 workers kept their health plans for 2014, but a growing number say they’ll drop group coverage at the end of this year. Things were already trending this way before Obamacare, known officially as the Affordable Care Act. The percentage of employers with 50 or fewer workers offering health benefits in Indiana declined from 44 percent in 2000 to just 29 percent in 2011, according to a study by the Robert Wood Johnson Foundation.

Read More

Opinions Jan. 17, 2014 ILD

Indiana Court of Appeals
Shane L. Duckworth v. State of Indiana (NFP)
82A04-1304-CR-152
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.

Felipe Cortez v. State of Indiana (NFP)
20A04-1305-PC-237
Post conviction. Affirms denial of petition for post-conviction relief.

Samuel L. Knox v. State of Indiana (NFP)
49A02-1305-CR-429
Criminal. Affirms conviction of Class D felony intimidation.

Julianna K. Williams v. State of Indiana (NFP)
02A04-1307-CR-343
Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance and Class A misdemeanor possession of marijuana.

Landin Anderson v. State of Indiana (NFP)
49A05-1304-CR-203
Criminal. Affirms conviction of Class B felony dealing in cocaine.

In the Matter of the Termination of the Parent-Child Relationship of: L.B. and S.B., (Children), J.J. (Mother) and J.B. (Father) v. Indiana Department of Child Services (NFP)
02A05-1305-JT-250
Juvenile. Affirms termination of both parent’s parental rights.

C.C. v. State of Indiana (NFP)
76A03-1305-JV-184
Juvenile. Affirms judgment that C.C. is a delinquent child.

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.
 

Read More