A memorial service for Ronald “Ron” Hocker will be held at 1 p.m. Jan. 10 in the Switzerland Circuit Court courtroom. All local attorneys and court staff are welcome to attend to pay their last respects to Hocker, who died Dec. 9 at the Indiana University Simon Cancer Center in Indianapolis.
A federal judge denied the University of Notre Dame’s request for an injunction blocking the “contraception mandate” in the Affordable Care Act that requires employers to provide insurance coverage for birth control.
The Judicial Council of the 7th Circuit is accepting applications for a bankruptcy judge position in the Southern District of Indiana. Chief Judge James K. Coachys is retiring in September 2014 at the end of his 14-year term.
The Indiana Lawyer Daily will not be published Wednesday. Indiana Lawyer wishes you a Merry Christmas!
Indiana Court of Appeals
Djomon N. Tito v. State of Indiana (NFP)
49A02-1304-CR-315
Criminal. Affirms conviction of Class B misdemeanor battery.
In the Matter of the Termination of the Parent-Child Rel. of: J.S. (Minor Child), and K.G. (Father) v. The Indiana Department of Child Services (NFP)
49A02-1305-JT-438
Juvenile. Affirms termination of parental rights.
In the Matter of the Civil Commitment of: N.F. v. Wishard Health Services, Midtown Community Mental Health Center (NFP)
49A02-1304-MH-306
Mental health. Affirms involuntary commitment.
Shamberley Jones v. State of Indiana (NFP)
49A05-1305-CR-231
Criminal. Affirms decision to impose restitution but remands for recalculation of those damages.
Ethan Sizemore v State of Indiana (NFP)
39A05-1306-CR-271
Criminal. Affirms sentence following guilty plea to Class C felony burglary.
Stardust Development, LLC v. Randy Cassady (NFP)
53A01-1305-PL-210
Civil plenary. Reverses order that certain real estate jointly owned by Stardust Development and Cassady be sold at sheriff’s sale by public auction with no reserve.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Court of Appeals
Michael W. Peters, M.D. and Deaconess Hospital, Inc. v. Cynthia S. Kendall and Michael J. Kendall
82A01-1302-PL-55
Civil plenary. Affirms denial of the medical group’s motion for partial summary judgment in the medical malpractice lawsuit brought by the Kendalls. The proof of claim filed by the Kendalls in the liquidation proceedings of Dr. Peters’ insurer does not constitute a binding contract.
Indiana University Robert H. McKinney School of Law professor Eric Dannenmaier has been appointed to serve as a member of the Joint Public Advisory Committee of the North American Commission for Environmental Cooperation by President Barack Obama.
A trial court appropriately denied the partial summary judgment motion filed by medical providers in a malpractice claim, the Indiana Court of Appeals held, because the plaintiffs did not release the medical group from liability by filing a proof of claim with the doctor’s insurer, which was insolvent and being liquidated.
A sheriff’s deputy who tried to serve a protective order was not justified in entering the backyard of a home after no one answered knocking at the front door, the Indiana Court of Appeals ruled. The deputy saw marijuana in the backyard, leading to the homeowner’s arrest.
The Indiana Court of Appeals Monday decided that the town of Newburgh was statutorily authorized to pass an ordinance prohibiting others from providing new sewer services to customers within four miles of its corporate boundaries.
Indiana Court of Appeals
Shubham Chopra v. Shena Pendyala (NFP)
03A01-1305-SC-191
Small claim. Affirms judgment in favor of Pendyala on Chopra’s action seeking damages for the diminished value of Chopra’s car following a collision with the car driven by Pendyala.
James Mira v. State of Indiana (NFP)
49A04-1305-CR-245
Criminal. Affirms conviction of Class D felony theft.
Marcus R. Carter v. State of Indiana (NFP)
02A03-1304-CR-126
Criminal. Affirms eight-year sentence for Class C felony forgery.
Usman Alim Khan v. State of Indiana (NFP)
29A02-1306-CR-470
Criminal. Affirms denial of petition for alternative misdemeanor sentencing.
Timothy G. White v. State of Indiana (NFP)
09A04-1203-CR-140
Criminal. Affirms denial of petition for jail time credit.
In the Matter of the Termination of the Parent-Child Relationship of: S.T., Minor Child, T.T., Father v. Indiana Department of Child Services (NFP)
57A03-1304-JT-150
Juvenile. Affirms involuntary termination of parental rights.
Eugene L. Small v. Brandi L. Foster (NFP)
34A04-1306-JP-274
Juvenile. Affirms denial of father’s petition to modify custody.
In the Matter of the Termination of the Parent-Child Relationship of: Q.M. and E.M., Minor Children, B.M., Father v. Indiana Department of Child Services (NFP)
15A04-1303-JT-142
Juvenile. Affirms involuntary termination of parental rights.
Hervey Clanton v. State of Indiana (NFP)
20A05-1304-CR-194
Criminal. Affirms convictions and sentence for two counts of Class A felony dealing cocaine within 1,000 feet of a family housing complex, one count of Class B felony possession of a firearm by a serious violent felon, and three counts of Class C felony neglect of a dependent.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
7th Circuit Court of Appeals
Michael E. Garcia v. Carolyn W. Colvin
13-2120
Civil. Reverses the Social Security Administration’s denial of disability benefits for Michael E. Garcia, finding that the denial was riddled with error and that the record shows Garcia is among the most seriously disabled applicants for disability the Circuit Court has encountered. Remands to the Social Security Administration for proceedings consistent with the opinion.
Judges of the 7th Circuit Court of Appeals Friday slapped down the denial of disability benefits for a man they said was among the most severely disabled applicants they had ever seen.
What was called the key to making Indiana’s new criminal code work has received a nod of approval and is now headed to the Legislature.
Indiana law does not automatically void a marriage if one of the parties later is legally recognized as the same gender as the spouse, the Indiana Court of Appeals ruled Friday.
In a matter of first impression, the Indiana Court of Appeals Friday concluded that a return of service on a protective order is not testimonial, so its admission at trial did not violate a defendant’s rights under the Confrontation Clause.
A man who turned his car sharply enough to force his girlfriend out of the car and onto the road had his conviction of Class A misdemeanor criminal recklessness affirmed by the Indiana Court of Appeals.
The Indiana Court of Appeals upheld the conviction of a man who shot at police when they attempted to serve a search warrant. The judges were, however, divided as to whether the trial court erred in giving jury instructions on the presumption of innocence.