A trial court erred in denying a homeowners association’s request for an injunction against a resident who parked a trailer on her lot. The court then twice rejected joint settlement requests, according to a panel of the Indiana Court of Appeals.
Indiana University Maurer School of Law has chosen an expert in transnational litigation as its next dean.
The Indiana Supreme Court and Tax Court issued no opinions Friday prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions Friday prior to IL deadline.
Indiana Court of Appeals
John Everitt Dickey v. State of Indiana
10A01-1212-CR-587
Criminal. Affirms conviction of two counts of Class A child molesting, rejecting Dickey’s argument that testimony about his physical abuse of the victim and her mother was improperly admitted. The court held that Dickey failed to preserve the argument for appeal because, while his attorney objected to a line of questioning about when Dickey’s relationship with the victim’s mother began to change, a continuing objection was not raised.
The Indiana Protection and Advocacy Services Commission has filed a disability discrimination complaint against Amtrak for non-compliance with the Americans with Disabilities Act.
The Indiana Supreme Court acknowledged that precedent does not provide a clear definition of “resisting arrest,” but still the court knew it when it saw it in a case where a man was subdued with a Taser after ignoring a police officer’s order to get down on the ground.
Ronald Jewell “Ron” Hocker of Vevay, a longtime attorney and civic leader in southeastern Indiana, died Monday at the Indiana University Simon Cancer Center in Indianapolis. He was 71.
Objections made to a line of questioning at a man’s child molestation trial that he had previously assaulted the victim and the victim’s mother didn’t properly preserve the issue, a Court of Appeals panel ruled Friday in affirming his conviction.
An Elkhart man failed to show a traffic stop and drunken-driving arrest was unconstitutional in an appeal that a 7th Circuit Court of Appeals panel rejected with an opinion blasting his lawyer’s work.
A magistrate judge has blocked a retail liquor store chain’s bid to join a federal lawsuit filed by convenience stores challenging an Indiana law that forbids them from selling cold beer.
The Indiana Supreme Court Thursday declined to revisit previous caselaw regarding crediting Social Security Retirement benefits to a noncustodial parent’s child support obligation. The justices affirmed the trial court’s decision to include the benefits in the custodial parent’s weekly adjusted income.
There is ample evidence proving that a Marion County man was aware his ex-girlfriend obtained a protective order against him when he broke into her home, the Indiana Court of Appeals ruled.
The longtime boyfriend of a mother of triplets should be allowed to continue his relationship with her children as long as it does not undermine or damage the relationship with their father, the Indiana Court of Appeals ruled Thursday. As such, the judges reversed the order preventing the boyfriend from spending time with the children alone.
Indiana Court of Appeals
Paul D. Schoolman v. Tamzen L. Schoolman (NFP)
52A02-1304-DR-344
Domestic relation. Affirms distribution of property in dissolution of marriage.
Jacquelyn S. Johnson-Taefi v. Review Board of the Indiana Department of Workforce Development and AME Cleaning Services, LLC (NFP)
93A02-1306-EX-484
Agency action. Affirms determination that Johnson-Taefi is ineligible for unemployment benefits.
Zachariah Brownie v. State of Indiana (NFP)
49A04-1301-CR-3
Criminal. Judge Brown writes a dissent from the denial of a petition for rehearing, believing the court should reverse the probation revocation order and remand for a new hearing.
Joseph Rothell v. State of Indiana (NFP)
48A02-1303-CR-225
Criminal. Affirms revocation of probation and imposition of a portion of Rothell’s previously suspended sentence.
Jeffrey Allen Thomas v. State of Indiana (NFP)
82A01-1304-CR-175
Criminal. Affirms conviction of Class D felony battery upon a law enforcement officer.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Supreme Court
Richard Eric Johnson v. Gillian Wheeler Johnson
49S05-1303-DR-199
Domestic relation. Affirms the trial court order with respect to the calculation of Gillian Johnson’s health insurance premium credit and application of Eric Johnson’s Social Security Retirement benefits. Summarily affirms the Court of Appeals as to the remaining issues. The trial court’s approach was appropriate in light of the flexibility afforded by the Indiana Child Support Guidelines.
Former attorney William Conour will appeal his conviction and 10-year prison sentence imposed after he pleaded guilty to a single count of wire fraud.
Marion Superior Judge Kimberly Brown is apologizing for alleged judicial misconduct that resulted in 47 disciplinary counts against her, proposing to the Indiana Supreme Court that she be suspended for two months. She also says her prior defense, including refusing to take a deposition oath, was “ill-advised.”
Indiana Court of Appeals
In Re the Paternity of: L.M.J. b/n/f, D.R.D. v C.A.J. (NFP)
34A02-1305-JP-458
Juvenile. Affirms denial of mother’s request for summary judgment on motion for a rule to show cause that father had failed to pay child support beyond his weekly obligation pursuant to the terms of the 1998 order regarding support.
Kelli Alvarez, f/k/a Kelli Galanos v. Horizon Bank, N.A. (NFP)
46A03-1304-CC-155
Civil collection. Dismisses appeal of order denying Alvarez’s motion to correct error challenging the entry of summary judgment in favor of Horizon Bank on a promissory note.
Willie Huguley v. State of Indiana (NFP)
49A02-1305-CR-443
Criminal. Affirms convictions of Class A felony child molesting, sexual intercourse; Class A felony child molesting, deviate sexual conduct; and Class C felony child molesting, fondling.
Joseph A. Harrell v. State of Indiana (NFP)
52A02-1307-CR-576
Criminal. Affirms revocation of probation.
L.M. Zeller, individually, and d/b/a Zeller Elevator Company v. Indiana Fire Prevention and Building Safety Commission (NFP)
82A01-1303-PL-115
Civil plenary. Affirms order affirming the decision of the Indiana Fire Prevention and Building Safety Commission regarding the servicing of elevators.
Kenneth Morton v. State of Indiana (NFP)
64A05-1305-CR-222
Criminal. Affirms sentence for four counts of Class D felony theft.
James B. Studabaker, II v. State of Indiana (NFP)
90A04-1303-CR-126
Criminal. Affirms convictions and sentence for two counts of Class B felony sexual misconduct with a minor.
Julie Marie King v. State of Indiana (NFP)
17A03-1305-CR-186
Criminal. Affirms sentence following guilty plea to aiding in attempted murder as a Class A felony.
Douglas A. Smith v. State of Indiana (NFP)
45A03-1304-CR-154
Criminal. Affirms murder conviction.
Randy Winters v. State of Indiana (NFP)
46A03-1302-CR-59
Criminal. Affirms sentence following guilty plea to Class B felony 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.
Indiana Court of Appeals
Carol Sparks Drake v. Thomas A. Dickey, Craig Anderson, Charles E. Podell, and Duke Realty Corporation
29A02-1302-CT-152
Civil tort. Reverses summary judgment for Duke Realty on Drake’s claim that it intentionally interfered with her partnership agreement with the law firm. The trial court erred when it concluded that Drake had failed to present a genuine issue of material fact as to whether Duke Realty intentionally induced Parr Richey to terminate Drake as a partner. Remands for further proceedings.
A report released Dec. 10 predicts that Indiana’s new criminal code will increase the number of individuals incarcerated in state prisons to the point where a new facility may have to be built.