A mother who challenged a court order granting the Department of Child Services’ petitions to interview her minor children lost her appeal Wednesday, despite her argument that a DCS inspection of her home and her screening found no evidence of drug abuse that had been alleged in a complaint.
Although an Indianapolis man never harmed another individual, his persistent threats of violence were sufficient to support his involuntary commitment to a mental health facility.
A man who molested children in his home lost his appeal on the argument that showing children pornographic images on a cellphone and exposing himself to them was not a public performance.
Carroll County camp sues to block the establishment of a hog farm less than a mile from its borders which is expected to house more than 9,000 animals. IBJ.com has the story.
Indianapolis city officials have filed public nuisance charges against two west-side apartment complexes that allegedly have generated more than 3,200 police runs since 2008 for incidents such as assault, armed robbery and homicide.
Indiana Court of Appeals
Deborah D. Minnich v. William B. Minnich (NFP)
57A03-1303-DR-92
Divorce. Affirms the denial of Deborah Minnich’s request for an extension of time to complete the refinancing transaction. In her dissent, Judge Nancy Vaidik argues the trial court should have treated the wife’s motion as a Trial Rule 60(B) motion that would have enabled her to conduct discovery and present evidence. Consequently, the COA should have reversed the denial of the wife’s motion and remanded for an evidentiary hearing.
City of Bloomington v. Cheryl Underwood (NFP)
53A01-1212-OV-577
Ordinance Violation. Affirms grant of summary judgment to Underwood on the city’s ordinance violation complaint concerning her rental properties.
In the Matter of the Termination of the Parent Child Relationship of: D.W., Minor Child, D.C., Father v. The Indiana Department of Child Services (NFP)
02A05-1208-JT-425
Juvenile. Affirms termination of D.C.’s (father) parental rights to his son, D.W.
Hoosier Enterprises VII, LLC v. Diamond Vending, Inc. (NFP)
45A04-1303-SC-105
Small Claims. Affirms $6,000 judgment against Hoosier Enterprises VII for breach of contract.
Debra Barrett v. Katie Patton (NFP)
54A01-1302-CT-74
Civil Tort. Dismisses Barrett’s appeal of the trial court’s order to deny her “Trial Rule (60)(B) Motion to Set Aside Judgment of Dismissal and Motion to Substitute Party Pursuant to Trial Rule 25(D)(2). Rules the COA lacks jurisdiction because Barrett is deceased and no substitution has been made.
Joyce Ann Hawkins v. State of Indiana (NFP)
27A02-1301-PC-47
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/august/08201302mgr.pdf
Post Conviction. Affirms denial of post-conviction relief petition, finding Hawkins has not met the requirements for newly discovered evidence that would entitle her to a new trial.
Janyer Pinto v. State of Indiana (NFP)
36A05-1301-CR-9
Criminal. Affirms conviction of operating a vehicle as a habitual traffic violator.
NFN Valance v. Brandy L. Valance (NFP)
17A03-1209-PO-380
Protection Order. Affirms issuance of a protective order against NFN Valance.
Akeem Turner v. State of Indiana (NFP)
49A02-1302-CR-131
Criminal. Affirms trial court’s revocation of Turner’s probation and order for him to serve the entirety of his previously suspended sentence.
The Indiana Supreme Court and Tax Court released no opinions by IL deadline. The 7th Circuit Court of Appeals released no Indiana decisions by IL deadline.
Indiana Court of Appeals
Carl J. Brandenburg v. State of Indiana
40A04-1301-CR-23
Criminal. Affirms revocation of probation for failure to pay child support after conviction of a Class C felony charge of non-support of a dependent child, but remands to the trial court for a recalculation of the arrearage. The court found that Brandenburg’s daughter had turned 21 before he was charged, and the state acknowledged uncertainty about the ruling that the arrearage was $17,795.05, rather than an amount closer to $10,000, as Brandenburg claims.
Indianapolis Metropolitan Police Department officer Keith Minch is on a roll in the appellate courts.
A southwest Indiana attorney and former Democratic candidate for Gibson County prosecutor has been allowed to resign from the bar, according to an order from the Indiana Supreme Court.
A trial court properly revoked probation of a man sentenced for non-support of a dependent child, but the Indiana Court of Appeals ordered the lower court to revise the arrearage.
Indiana Court of Appeals
Ryan A. Osowski v. State of Indiana (NFP)
46A04-1211-CR-570
Criminal. Affirms aggregate sentence of 34 years for conviction of three counts of Class B felony child molesting.
Wayne A. Wasson v. State of Indiana (NFP)
02A03-1212-CR-530
Criminal. Affirms 31 1/2-year sentence for conviction of one count of Class A felony child molesting, two counts of Class C felony child molesting, three counts of Class A misdemeanor contributing to the delinquency of a minor, and one count Class D felony sexual battery. Remands for proper assessment of fees.
Waldo Lynn Jones, Jr., v. State of Indiana (NFP)
16A04-1301-CR-12
Criminal. Affirms 65-year executed sentence for conviction of murder.
Jerry Corbier and Stephanie Corbier v. William B. Nourse and Teresa L. Nourse (NFP)
29A04-1210-SC-545
Small claims. Affirms small claims court judgment in favor of William and Teresa Nourse and award of attorney’s fees in their favor.
Yoni Solis v. State of Indiana (NFP)
49A02-1212-CR-971
Criminal. Affirms 70-year executed sentence for conviction of four counts of Class A felony child molesting and three counts of Class C felony child molesting.
Mark A. Cook v. State of Indiana (NFP)
88A01-1210-CR-468
Criminal. Affirms conviction of Class A felony attempted child molesting and Class C felony child molesting.
In the Matter of the Termination of the Parent-Child Relationship of: X.M., Minor Child, A.B., Mother v. Indiana Department of Child Services (NFP)
29A02-1212-JT-961
Juvenile. Affirms involuntary termination of parental rights.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
Indiana Court of Appeals
Derik A. Blocker and Tammi Blocker v. U.S. Bank National Association as Trustee for the Certificateholders Citigroup Mortgage Loan Trust Inc. Asset-Backed Pass-Through Certificate Series 2007-AHL3
45A03-1211-MF-479
Mortgage foreclosure. Affirms trial court grant of summary judgment to U.S. Bank, holding that no issues of material fact exist, and discards arguments that appeared to stem from “Redemptionist” movement theory claiming that debts could be settled through claims made to the United States Treasury.
The Indiana Supreme Court will hear a case in which DNA found on a glove was the sole evidence that led to the conviction of a man on a burglary charge in St. Joseph County.
In reversing the adoption that could remove fraternal twins from the only family they have ever known, the Indiana Supreme Court noted the situation might have been avoided if more than “just the bare minimum” had been done.
A pro se litigant who fought a mortgage foreclosure by attempting to pay a bank with drafts from his purported account at the United States Treasury has no basis to reverse summary judgment in favor of the lender, the Court of Appeals ruled Monday.
The ACLU of Indiana has filed a federal lawsuit claiming the city and Indianapolis Metropolitan Police Department officers violated the free speech rights of indigent panhandlers ordered to move from near Circle Center Mall last week.
The Indiana Supreme Court, Tax Court and Court of Appeals posted no opinions before IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions prior to IL deadline.
Calling attention to the rising number of overdose deaths in Indiana, Attorney General Greg Zoeller announced a new website meant to help inform people about the risks and warnings signs of prescription drug abuse.
The Indiana Division of State Court Administration has posted more than a dozen sample forms to petition for reduction or elimination of criminal records provided under Indiana’s new expungement statute.
Indiana Court of Appeals
Jessica Wilkinson v. State of Indiana (NFP)
33A04-1210-CR-504
Criminal. Affirms convictions of Class A felony dealing in a Schedule III controlled substance within 1,000 feet of a public park, Class B felony dealing in a Schedule III controlled substance, and Class D felony maintaining a common nuisance.
William R. Marks, Jr., v. State of Indiana (NFP)
91A02-1210-CR-881
Criminal. Affirms conviction of Class A felony child molesting.
Mark A. Atherton v. State of Indiana (NFP)
55A01-1211-CR-537
Criminal. Affirms 40-year sentence for Class B burglary and being a habitual offender.
David Newson v. State of Indiana (NFP)
49A04-1302-CR-81
Criminal. Affirms denial of motion to correct erroneous aggregate sentence of 73 years for murder and Class C felony carrying a handgun without a license.
Willie G. Maffett v. State of Indiana (NFP)
82A01-1212-CR-585
Criminal. Affirms conviction of Class D felony theft.
William D. Cornett v. State of Indiana (NFP)
82A01-1302-PC-59
Post conviction. Affirms denial of petition for post-conviction relief.
Antwon Davis v. State of Indiana (NFP)
71A03-1304-CR-130
Criminal. Affirms conviction of Class D felony child molesting.
Chad Matthew Hagan v. State of Indiana (NFP)
76A05-1302-CR-63
Criminal. Affirms combined consecutive sentences from a jury conviction of Class D felony possession of methamphetamine and, in a separate case, from a guilty plea to a Class A misdemeanor invasion of privacy charge.
Auto-Owners Insurance Company v. C & J Real Estate, Inc. (NFP)
49A04-1209-PL-477
Civil plenary. Affirms on interlocutory appeal an order compelling Auto-Owners to produce certain documents containing third-party claims and reserve funds.
In Re the Paternity of C.H.: S.L. v. K.H. (NFP)
64A04-1304-JP-198
Juvenile paternity. Reverses dismissal of putative father’s paternity action and remands for further proceedings.
In Re the Matter of I.E.: J.E. v. W.L. and R.L. and N.V. (NFP)
72A01-1212-JP-567
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/august/08141307ehf.pdf
Juvenile. Affirms in part and reverses in part, affirming grant of father’s motion for change of custody, reverses order granting visitation to guardians, and affirms denial of visitation for mother, finding no such request was made.
Indiana Supreme Court and Indiana Tax court issued no opinions by IL deadline Thursday.