The Indiana Supreme Court affirmed summary judgment for American Family Insurance in a lawsuit filed by a couple after the insurer denied coverage for a 2003 fire at their home and voided the insurance policy from its beginning.
U.S. Supreme Court Associate Justice Clarence Thomas is at Notre Dame Law School Tuesday and Wednesday as the Judge James J. Clynes Visiting Chair. He will visit several law classes and speak with students and faculty.
Proposals to expand services offered by problem-solving courts and to attempt to curtail fraudulent liens and other tactics of so-called sovereign citizens will be heard Wednesday by the Senate Judiciary Committee.
A Lake Superior Court did not abuse its discretion in denying a jury instruction on the presumption of innocence submitted by a man on trial for murder and neglect of a dependent, the Indiana Court of Appeals ruled Tuesday.
Indiana Court of Appeals
In Re the Involuntary Termination of the Parent-Child Relationship of S.H. and E.H., N.H. v. The Indiana Department of Child Services and Lake County Court Appointed Special Advocate (NFP)
45A03-1207-JT-313
Juvenile. Affirms involuntary termination of parental rights.
Antonio Highbaugh v. State of Indiana (NFP)
49A02-1201-CR-3
Criminal. Affirms sentence of 365 days of incarceration with 361 days suspended to probation for Class A misdemeanor residential entry.
In Re the Involuntary Termination of the Parent-Child Relationship of T.J.: S.J. v. The Indiana Department of Child Services and Child Advocates, Inc. (NFP)
49A04-1207-JT-342
Juvenile. Affirms involuntary termination of parental rights.
David S. Healey v. State of Indiana (NFP)
33A04-1202-MI-107
Miscellaneous. Grants petition for rehearing, reverses denial of verified petition to remove designation as a sex offender, and remands for further proceedings.
Anthoney D. Coveleski v. State of Indiana (NFP)
84A05-1206-CR-282
Criminal. Reverses Class D felony conviction and orders the trial court to enter the judgment of conviction on assisting a criminal as a Class A misdemeanor. Finds the state presented sufficient evidence to support the misdemeanor conviction.
Glenda Howell v. State of Indiana (NFP)
71A04-1208-CR-436
Criminal. Affirms sentence for Class A felony dealing in cocaine.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
Indiana Court of Appeals
Michael Williams, Jr. v. State of Indiana
30A01-1207-CR-305
Criminal. Reverses convictions of Class B felonies burglary and conspiracy to commit burglary, and Class C felony carrying a handgun without a license. Williams’ trial counsel’s performance was deficient by failing to object under Indiana Evidence Rule 404(b) to the admission of evidence of William’s previous bad acts and convictions. Remands for a new trial.
Because the extent of prior bad acts admitted into evidence during a man’s trial in Hancock County was “breathtaking,” the Indiana Court of Appeals ordered he be retried on burglary and handgun charges.
The Senate Corrections & Criminal Law Committee meets Tuesday morning to hear four bills, including a bill altering registry requirements and procedures for sex offenses and sex offenders.
A federal judge on Friday dismissed several former college athletes’ attempt to bring a class-action lawsuit against Indianapolis-based NCAA, writing in a 25-page order that the complaint “reads more like a press release than a legal filing.” The judge left open the possibility that an antitrust claim may survive.
A film company once headed by Indianapolis financier Tim Durham says he transferred $1 million to his Indianapolis lawyer, John Tompkins, while fighting federal securities fraud charges
Indiana Court of Appeals
Term. of the Parent-Child Rel. of: J.C. (Minor Child), and H.B. (Mother) v. The Indiana Dept. of Child Services (NFP)
26A01-1205-JT-207
Juvenile. Affirms termination of parental rights.
Kedrin Sweatt v. State of Indiana (NFP)
49A05-1209-CR-442
Criminal. Affirms 105-year sentence for two counts of attempted murder, one count each of resisting law enforcement and robbery, and four counts of criminal confinement.
Patrick Griesehop v. State of Indiana (NFP)
40A01-1207-CR-385
Criminal. Affirms seven-year sentence for Class C felony robbery.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
7th Circuit Court of Appeals
Securities and Exchange Commission v. First Choice Management Services Inc., et al.
12-3308
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms $600,000 sanction against SonCo for contempt of court by not following a court order. The $600,000 is actually a gross understatement of the harm caused by SonCo’s contempt for failing to take over operation of Alco’s wells within 90 days as ordered.
After initially vacating a District judge’s $600,000 sanction against SonCo Holdings for contempt of court and remanding it to the lower court for more proceedings, the 7th Circuit Court of Appeals upheld the sanction Friday.
Finding no error in the admittance of three photo identifications of a defendant following charges of kidnapping and extortion, the 7th Circuit Court of Appeals upheld Lamar Sanders’ convictions and 25-year sentence Thursday.
A panel of distinguished judges, including one from the 7th Circuit Court of Appeals, will be on hand Friday evening to hear final arguments in a case involving judicial recusal and eminent domain as part of the Indiana University Maurer School of Law Sherman Minton Moot Court Competition.
Lawyers for Marsh Supermarkets Inc. and its former CEO are set to meet Monday in hopes of finally ending their years-long court battle in which the company already has notched a partial victory.
Indiana Court of Appeals
Joseph E. Sanders v. State of Indiana (NFP)
02A03-1208-CR-372
Criminal. Affirms convictions and sentence for Class D felony domestic battery and Class D felony escape.
Donald W. Campbell v. State of Indiana (NFP)
45A04-1109-CR-473
Criminal. Affirms conviction and sentence for murder.
Jennifer Simpson v. Donald Simpson (NFP)
02A03-1204-DR-168
Domestic relation. Affirms denial of Jennifer Simpson’s motion for relief from judgment pursuant to Ind. Trial Rule 60(B).
Loren H. Fry v. Terry L. Schroder and Robert C. Schroder, Individually and as beneficiaries and personal representatives of the Estate of David H. Schroder (NFP)
09A02-1206-CT-474
Civil tort. Affirms order denying Fry’s motion to stay the civil proceedings brought against him by the Schroders, individually and as beneficiaries and personal representatives of the estate.
Term. of the Parent-Child Rel. of K.M. and J.H., Jr.: K.M., Mother of K.M. and J.H., Jr.; M.M., Father of K.M.; and J.H., Sr., Father of J.H., Jr. (NFP)
20A04-1206-JT-334
Juvenile. Affirms termination of parental rights.
Anthony Szuch v. State of Indiana (NFP)
82A04-1208-CR-403
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.
Larry Collins, Jr. v. State of Indiana (NFP)
71A05-1206-PC-319
Post conviction. Affirms denial of petition for post-conviction relief.
Frederick James Burton v. State of Indiana (NFP)
71A04-1208-CR-426
Criminal. Affirms revocation of probation and order that Burton serve entire previously suspended sentence, with credit for time served.
Bret Shaw v. Bryan C. Jerman (NFP)
49A02-1203-PL-164
Civil plenary. Reverses summary judgment for Jerman and remands for further proceedings on Shaw’s lawsuit after he was denied insurance coverage for losses claimed after a burglary.
F.E. v. J.E. (NFP)
55A01-1207-DR-311
Domestic relation. Affirms in part, reverses in part the decree and property disposition order in the dissolution of marriage and remands for further proceedings.
F.G. v. State of Indiana (NFP)
49A04-1208-JV-415
Juvenile. Affirms adjudication that F.G. committed what would be Class D felony intimidation if committed by an adult.
Danny Clark v. State of Indiana (NFP)
59A01-1205-CR-203
Criminal. Affirms sentence for Class B misdemeanors public intoxication and disorderly conduct and remands for the trial court to apply any credit time earned to the suspended portion of Clark’s sentence. Judge Melissa May concurs in result.
In Re the Paternity of: B.V.L., S.B. v. B.L. (NFP)
48A02-1206-JP-491
Juvenile. Affirms grant of custody of B.V.L. to father B.L.
Jeramie Rangel v. State of Indiana (NFP)
27A05-1206-CR-308
Criminal. Affirms sentence following conviction of Class C felony nonsupport of a dependent child.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Court of Appeals
Verdyer Clark v. State of Indiana
49A04-1202-CR-66
Criminal. Grants rehearing for clarification and affirms in all respects. Holds that the determination whether the age of a perpetrator is relevant to a child victim’s medical diagnosis or treatment is best left to another case.
Allen Superior Magistrate Judge Marcia Linsky resigned Tuesday without prior notice.
A man who prepaid into an account to be used when he rented planes to fly is entitled to a refund of $1,755.88 from a company offering flight instruction and rentals, the Indiana Court of Appeals ruled. The judges rejected the company’s claims that the small claims court erred by ruling in the pilot’s favor.