When a prospective juror in a wrongful death lawsuit against a hospital said he believed a lawyer was suing to make money, that attorney’s failure to ask the judge for an admonishment of the jury pool waived her later argument for a mistrial, the Court of Appeals ruled Monday.
Senior Judge Thomas W. Webber Sr. was appointed a judge pro tem late Friday as the Indiana Supreme Court intervened further in a controversy over who will be the next judge of the Lake Superior Court Juvenile Division.
A federal judge has ruled that Marion County collections cases need not be filed in the township where a defendant lives or a contract was signed, a key ruling regarding a practice criticized as “forum shopping.”
Indiana Court of Appeals
F.G. v. B.G. (NFP)
49A05-1210-DR-506
Domestic relation. Affirms trial court’s denial of father F.G.’s motion to set aside decree establishing paternity and for DNA testing regarding paternity of one of his children.
C.M. v. State of Indiana (NFP)
49A02-1209-JV-757
Juvenile. Affirms finding of indirect contempt of court.
Gail Eisenhut v. Richard Eisenhut, M.D. (NFP)
49A02-1208-DR-633
Domestic relation. Reverses trial court judgment ordering Gail Eisenhut to repay Richard Eisenhut $19,250, holding there is no evidence that his overpayment of child support was anything but voluntary and gratuitous.
Lisa M. Rooker v. State of Indiana (NFP)
48A02-1206-CR-492
Criminal. Affirms three-year sentence for Class D felony conviction of operating a vehicle while intoxicated.
Roudy Joe Beasley v. State of Indiana (NFP)
84A05-1209-CR-461
Criminal. Affirms revocation of home detention.
John Mwangi v. State of Indiana (NFP)
49A02-1208-CR-647
Criminal. Affirms convictions of Class D felony intimidation and theft.
Rex L. Kast v. State of Indiana (NFP)
02A03-1205-CR-211
Criminal. Affirms convictions of three Class D felony counts of possession of controlled substances.
Andrew J.P. Cox v. State of Indiana (NFP)
48A05-1209-CR-451
Criminal. Affirms revocation of probation.
Thomas Albert Overton v. State of Indiana (NFP)
35A02-1206-CR-530
Criminal. Affirms conviction of Class C felony child molesting.
Daimon Culpepper v. State of Indiana (NFP)
49A02-1209-CR-724
Criminal. Affirms sentence for Class A felony robbery.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Indiana Court of Appeals
F.G. v. B.G. (NFP)
49A05-1210-DR-506
Domestic relation. Affirms trial court’s denial of father F.G.’s motion to set aside decree establishing paternity and for DNA testing regarding paternity of one of his children.
Former Secretary of State Charlie White says his convictions on six charges ranging from vote fraud to theft should be tossed because they violated state and federal law. He also claims that his lawyer, former Marion County Prosecutor Carl Brizzi “was ignorant of the law.”
Two crime bills moving through the Indiana General Assembly are on the agenda for Senate hearings next week.
The Indiana Supreme Court on Thursday afternoon issued an emergency order preventing a Lake County judge from taking over the vacancy created when a fellow judge was tapped to lead the Department of Child Services.
Indiana Court of Appeals
Marquis Shipp v. State of Indiana (NFP)
49A02-1204-PC-322
Post conviction. Affirms denial of petition for post-conviction relief.
Arturo Fuentes v. State of Indiana (NFP)
79A02-1208-CR-698
Criminal. Affirms sentence for Class A felony dealing in cocaine and Class C felony possession of cocaine.
Christina J. Epps v. State of Indiana (NFP)
05A02-1207-CR-673
Criminal. Affirms convictions and sentence for two counts of Class A misdemeanor battery and one count of Class B misdemeanor battery.
The Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Todd J. Crider v. State of Indiana
91S05-1206-CR-306
Criminal. Reverses in part the sentencing order that Crider’s habitual offender enhancement in a White County case be served consecutively to the habitual offender enhancement in a case from Tippecanoe County. Concludes that the waiver of the right to appeal contained in the plea agreement is unenforceable where the sentence imposed is contrary to law and the defendant did not bargain for the sentence.
The Indiana Supreme Court on Thursday reversed the part of a White Superior Court’s sentencing order that a man who pleaded guilty to theft and being a habitual offender must serve his sentence consecutively with a case out of Tippecanoe County.
A federal prosecutor says resigned personal injury attorney William Conour should not receive $10,000 from a court fund for living expenses. A court filing objecting to Conour’s request raises concern that he might try to liquidate assets the FBI inventoried.
The Indiana Supreme Court Thursday granted the state’s request for a rehearing in a case in which the justices determined that Anthony Dye’s sentence for unlawful possession of a firearm by a serious violent felon, which was enhanced under the general habitual offender statute, was an impermissible double enhancement.
The mother of a 5-year-old boy was unable to convince the Indiana Court of Appeals that the Marion Circuit Court erred in granting his father’s petition to change the boy’s surname to his last name.
A Lake Superior judge erred when she used Dillon’s Rule to determine the scope of the town of Cedar Lake’s legal authority to dissolve its park board and Parks Department, the Indiana Court of Appeals ruled Thursday. The proper legal inquiry is based on the state’s Home Rule Act.
In a case involving the use of eminent domain to acquire land to expand the runway at the Clark County Airport, the Indiana Court of Appeals encouraged lawyers and the courts to stop using the phrase “jurisdiction over a particular case” when the term “legal error” should be used.
Magistrates in Lake County have asked the Indiana Supreme Court to block a judge they say is circumventing state law in a bid to succeed a juvenile court judge selected to lead the Department of Child Services.
Indiana Court of Appeals
Mickell Biggs v. State of Indiana (NFP)
42A04-1208-CR-410
Criminal. Affirms amount of Biggs’ bail and the requirement that it be fully executed in cash.
Republic Services d/b/a Able Disposal Company v. Bullaro & Carton, P.C. (NFP)
45A03-1204-PL-150
Civil plenary. Affirms judgment in favor of Bullaro & Carton P.C. on its breach of contract lawsuit and denies B&C’s request for sanctions.
Adrian P. Jerrell v. State of Indiana (NFP)
63A01-1207-CR-326
Criminal. Affirms convictions and 70-year sentence for two counts each of Class A felony child molesting and Class B felony sexual misconduct with a minor.
Ricky Eugene Arion v. State of Indiana (NFP)
08A04-1203-CR-115
Criminal. Affirms conviction of attempted residential entry and adjudication as a habitual offender.
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
State of Indiana v. I.T.
20A03-1202-JV-76
Juvenile. Dismisses state’s appeal from the juvenile court’s order rescinding its prior approval of a delinquency petition filed against I.T. Concludes sua sponte that the state is without authority to appeal a juvenile court’s order withdrawing its approval of the filing of a delinquency petition.
The Indiana Court of Appeals ruled Wednesday that the state has no statutory right to appeal a juvenile court’s decision to rescind an order approving the filing of a delinquency petition against a teen accused of molesting two children.