Finding that substantial evidence supported the decision by the school board to end Bloomington High School South teacher Stephen Smith’s contract, and that the board followed proper procedures in canceling the contract, the Indiana Court of Appeals upheld the lower court’s affirmation of the board’s decision.
Indiana Court of Appeals
D.D. v. D.P. (NFP)
49A02-1211-DR-896
Domestic relation. Remands for further proceedings because the trial court applied the incorrect standard for the burden of proof.
Angela Spurgeon v. Review Board of the Indiana Dept. of Workforce Development and French Lick Professional Management, Inc. (NFP)
93A02-1210-EX-861
Agency action. Affirms denial of unemployment benefits.
Timothy Alex Lear v. State of Indiana (NFP)
65A01-1209-CR-426
Criminal. Affirms conviction of murder and 60-year sentence.
Jeffrey Baker v. State of Indiana (NFP)
67A01-1301-PC-1
Post conviction. Affirms denial of petition for post-conviction relief.
Noel Stack v. State of Indiana (NFP)
29A02-1211-CR-951
Criminal. Affirms sentence following guilty plea to Class D felony theft, but reverses restitution order and remands with instructions to vacate the order.
C.S. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-1209-EX-774
Agency action. Affirms denial of unemployment benefits.
S.L. v. State of Indiana (NFP)
49A02-1211-JV-937
Juvenile. Affirms adjudication for child molesting, which would be a Class B felony if committed by an adult.
Noah Mani v. State of Indiana (NFP)
49A05-1211-CR-569
Criminal. Affirms revocation of community corrections placement.
Nephrology Specialists, P.C., Shahabul Arfeen, M.D., Sanjeev Rastogi, M.D., Maher Ajam, M.D., and Raied Abdullah, M.D. v. Asim Chughtai, M.D., Rafael Fletes, M.D., et al. (NFP)
45A03-1212-CT-535
Civil tort. Reverses denial of Nephrology Specialists’ motion for injunctive relief as the trial court abused its discretion in determining that certain non-compete contractual provisions were rescinded following a board meeting.
Jacob K. Smith v. County of Hancock, Indiana (NFP)
33A04-1212-MI-626
Miscellaneous. Affirms dismissal from the Hancock County Sheriff’s Department following a hearing on charges of misconduct.
Gerry Lucas v. State of Indiana (NFP)
49A05-1210-CR-532
Criminal. Affirms conviction of Class A misdemeanor battery.
Leonard Shaw v. State of Indiana (NFP)
71A03-1210-CR-433
Criminal. Affirms three-year sentence for Class D felony counterfeiting.
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
Timothy W. Parish v. State of Indiana
64A03-1210-CR-438
Criminal. Finds trial court properly denied Parish’s request for counsel at public expense because he had $130,000 in equity in his house, but the facts and circumstances of the case do not warrant a knowing and intelligent waiver of his right to counsel because the trial court did not advise him of the dangers and disadvantages of self-representation. Remands for a new trial.
St. Joseph County resident Jerry L. Sturgis Sr. lost his appeal before the Indiana Court of Appeals Thursday that challenged convictions stemming from the beatings and abuse of three of his children, leading to the death of his 10-year-old son in 2011.
A mother living in Florida was not denied due process when her motion to continue a termination hearing involving her three children, who were determined to be in need of services in Indiana, was denied by the Cass Circuit Court, the Indiana Court of Appeals has ruled.
The parents of missing Indiana University student Lauren Spierer have asked the federal court in Indianapolis for a civil jury trial in a lawsuit against students believed to have last been with her before her disappearance two years ago.
Finding a defendant did not knowingly or intelligently waive his right to counsel, the Indiana Court of Appeals Thursday ordered a new trial on strangulation and domestic battery charges.
A Connersville nursing home can’t seek to collect on expenses for a patient after her death from the estate of her husband under the doctrine of necessaries, the Indiana Court of Appeals ruled, because the facility didn’t first seek to collect from the patient.
Indiana Court of Appeals
Rachel Van Alstine v. Review Board of the Indiana Dept. of Workforce Development and Dept. of Child Services (NFP)
93A02-1301-EX-27
Agency action. Affirms denial of claim for unemployment benefits.
Term. of the Parent-Child Rel. of: K.W., Minor Child, and D.F., Father v. The Indiana Dept. of Child Services (NFP)
82A04-1210-JT-523
Juvenile. Affirms termination of parental rights to K.W.
Patrick Lewis v. State of Indiana (NFP)
67A05-1210-CR-527
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
Clarenda Love v. Bruce Love (NFP)
32A05-1207-DR-373
Domestic relation. Reverses property distribution order following the dissolution of the Loves’ marriage. Remands with instructions for the trial court to determine the distribution in accordance with the presumption of an equal division of marital property.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
7th Circuit Court of Appeals
Michael Alexander v. United States of America
12-2190
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Reverses Alexander’s malicious prosecution and intentional infliction of emotional distress lawsuit against the United States under the Federal Tort Claims Act. The complaint for malicious prosecution sets forth enough plausible detail to provide adequate notice to the defendants and survive a 12(b)(6) motion to dismiss. Concludes the IIED claim is timely and adequately states a claim.
On its last day of the 2012 term, the Supreme Court of the United States handed down its highly anticipated decisions involving same-sex marriage. Same-sex couples in states that recognize same-sex marriage received a victory from the court when the majority struck down Section 3 of the Defense of Marriage Act as unconstitutional.
The Indiana Court of Appeals granted the state’s petition for rehearing in a case in which the defendant stole checks from a man’s mailbox, but affirmed its original decision that the taking of the checks and what the defendant did with them constituted a single continuing act of theft.
The 7th Circuit Court of Appeals reversed the decision by a federal court in Indianapolis that dismissed a Muncie criminal defense attorney’s lawsuit against the United States for malicious prosecution and intentional infliction of emotional distress. Michael Alexander brought the suit after he was acquitted on charges of bribery in 2009.
The Indiana Court of Appeals was split Wednesday over whether a notice sent regarding a hearing on unemployment benefits required reversing the grant of benefits because the employer found the notice confusing.
The Supreme Court of the United States struck down the Defense of Marriage Act Wednesday in a 5-4 decision that is confined to only those in lawful marriages. Associate Justice Anthony Kennedy authored the majority decision, writing the Act is a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.
The Indiana Supreme Court had harsh words Tuesday for parents and attorneys who enter into agreements that stipulate giving up parenting time in lieu of paying child support. There must be extraordinary circumstances to justify denying parenting time.
Indiana Court of Appeals
Cornelious Elliott v. State of Indiana (NFP)
48A02-1212-CR-1006
Criminal. Affirms finding Elliott violated the terms of his probation.
Ryan Byfield v. State of Indiana (NFP)
29A02-1210-CR-780
Criminal. Affirms convictions of three counts of Class B felony criminal deviate conduct, finding Byfield is a habitual offender and 50-year aggregate sentence. Remands for limited purpose of correcting an error in the abstract of judgment.
Shawn Anthony Craft v. State of Indiana (NFP)
45A03-1211-CR-458
Criminal. Affirms conviction of Class B felony burglary.
Daniel M. Sulkoske v. Statewide Credit Association (NFP)
32A01-1212-SC-573
Small claim. Affirms judgment in favor of Statewide Credit Association.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
The Supreme Court of the United States held Section 4 of the Voting Rights Act is unconstitutional Tuesday, ruling that its formula can no longer be used as a basis for subjecting jurisdictions to pre-clearance. The case stems from Shelby County in Alabama asking for a declaratory judgment that sections 4(b) and 5 are facially unconstitutional and a permanent injunction against their enforcement.
Indiana Supreme Court
Loren Hamilton Fry v. State of Indiana
09S00-1205-CR-361
Criminal. Affirms denial of bail for Fry, who is charged with murder. Holds that when a defendant charged with murder or treason seeks bail, the burden is on the state, if it seeks to deny bail, to show by a preponderance of the evidence that the proof is evident or the presumption strong. Chief Justice Dickson concurs to which Justice Rush joins; Rush concurs; Justice Massa concurs in result and dissents with separate opinion; and Justice Rucker dissents with separate opinion in which Massa concurs.
As Indiana seeks federal approval to continue its Healthy Indiana Plan, a health insurance program for income-eligible uninsured Hoosiers, some state legislators are concerned enrollment in the program is not higher.