neglect - The Indiana Lawyer

Opinions Feb. 7, 2013 ILD

February 7, 2013

Indiana Court of Appeals
Christopher Estridge v. State of Indiana (NFP)
15A01-1205-CR-209
Criminal. Affirms revocation of probation.

Kenneth L. Robinson v. State of Indiana (NFP)
49A02-1206-CR-514
Criminal. Affirms conviction of Class C felony possession of cocaine.

Charles Day v. State of Indiana (NFP)
79A04-1206-CR-303
Criminal. Affirms convictions of three counts of Class A felony child molesting and two counts as Class C felonies, Class A felony attempted child molesting and Class D felony child solicitation; and affirms sentence of 44 years in the Department of Correction.

Kenny L. Futch v. State of Indiana (NFP)
02A03-1209-CR-381
Criminal. Affirms two convictions of Class B felony dealing in cocaine and two concurrent 17-year sentences with two years suspended to probation on each count.

James Kerner v. State of Indiana (NFP)
49A05-1205-CR-271
Criminal. Affirms conviction of Class A misdemeanor trespass.

Jamie Masterson v. State of Indiana (NFP)
49A02-1206-CR-485
Criminal. Affirms conviction of Class D felony identity deception.

In Re: The Adoption of T.W.: T.J. v. J.B. (NFP)
02A05-1108-AD-451
Adoption. Affirms that consent of father T.J. is not required for adoption of T.W.

Prince Harris v. State of Indiana (NFP)
45A03-1205-CR-232
Criminal. Affirms convictions of murder and robbery.

Larry R. Dean, Jr. v. State of Indiana (NFP)
27A04-1204-PC-174
Post conviction. Affirms denial of petition for post-conviction relief.

Anthony Paul Banks v. State of Indiana (NFP)
50A05-1207-CR-343
Criminal. Affirms revocation of probation and order Banks serve his entire previously suspended sentence in the Department of Correction.

In Re: The Paternity of B.H.: S.H. v. B.B. (NFP)
54A01-1208-JP-340
Juvenile. Affirms order modifying father S.H.’s child support obligation based on a determination hearing that the child is incapacitated.

Neff Family Fertilizer, Inc. v. John Jones Chevrolet Buick Cadillac of Salem, Inc. (NFP)
88A05-1207-PL-381
Civil plenary. Affirms entry of summary judgment in favor of John Jones dealership on Neff Family Fertilizer’s suit for damages after Neff canceled its order for a new truck.

Gregory D. Sutton v. State of Indiana (NFP)
01A02-1210-CR-876
Criminal. Affirms sentence for Class C felony nonsupport of a dependent child.

The Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Marriage amendment vote put off until 2014

February 7, 2013

Indiana legislators have decided to hold off on pursuing this session an amendment to the state constitution defining marriage between a man and woman, citing the pending cases on the topic before the U.S. Supreme Court.

Opinions Feb. 7, 2013

February 7, 2013

7th Circuit Court of Appeals
Jurijus Kadamovas v. Michael Stevens, et al.
12-2669
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses dismissal of prisoner Kadamovas’ lawsuit against prison officials and other inmates for unintelligibility. The suit is actually written clearly and not 99 pages as the judge believed, but just 28 pages. Remands for further consideration.

Marsh defense: Travel was integral to company success

February 7, 2013

Without membership in certain international business organizations, Don Marsh says he could not have built his grocery chain into a billion-dollar company.

Bales trial in jury’s hands after colorful closings

February 7, 2013

The jury began deliberations Thursday in the federal fraud trial of Indianapolis real estate broker John M. Bales and partner William E. Spencer after three hours of spirited closing arguments Wednesday.

Judges uphold man’s 151-month sentence

February 7, 2013

A judge on the 7th Circuit Court of Appeals believed a defendant was entitled to resentencing because the District judge could only view him through “career-offender tinted glasses” even though the career offender distinction did not ultimately apply to him.

District judge incorrectly dismissed prisoner’s suit for length and unintelligibility

February 7, 2013

The 7th Circuit Court of Appeals ordered U.S. Judge William T. Lawrence to take another look at a federal prisoner’s Bivens lawsuit against prison staff and other unnamed defendants, finding that the lawsuit is actually written clearly and not as long as the judge believed when dismissing it.

Woman’s sentence revised because she is not among ‘worst offenders’

February 7, 2013

A home health care nurse whose flight from police while high on drugs and with her 89-year-old patient in the car had her sentence reduced because the Court of Appeals concluded she is not among the “worst offenders.” The high-speed chase led to a crash and the death of the patient from injuries she sustained.

Court split over denial to commit man with dementia

February 7, 2013

Although the majority on the Indiana Court of Appeals acknowledged it would have been better for the trial court to follow the statutory commitment procedures instead of outright denying the state’s motion to commit, it affirmed the trial court’s conclusion.

Judges uphold convictions stemming from bank robbery

February 7, 2013

Terry Smith made five arguments to the Indiana Court of Appeals as to why his convictions of robbery and other charges related to his robbing of an Indianapolis bank should be thrown out, but the judges weren’t persuaded to reverse his convictions.

Defendant entitled to resentencing under Fair Sentencing Act

February 7, 2013

The 7th Circuit Court of Appeals upheld a northern Indiana man’s convictions of distributing crack cocaine and conspiracy to distribute the drug, but found that he is entitled to resentencing under the Fair Sentencing Act of 2010.

Prisoners can seek reductions of crack cocaine sentences

February 7, 2013

The 7th Circuit Court of Appeals concluded two judges in the Northern District of Indiana should take another look at two defendants’ requests to have their sentences for crack cocaine offenses reduced based on revised sentencing guidelines.

Mishawaka man sues Walgreens over alleged violation of ‘guns in workplace’ laws

February 7, 2013

A former Walgreens store employee plans to file a lawsuit Thursday in St. Joseph County alleging the company fired him for lawfully carrying his gun into another Walgreens location where his wife worked.

Opinions Feb. 6, 2013 ILD

February 6, 2013

Indiana Court of Appeals
James Newman v. Review Board of the Indiana Dept. of Workforce Development and Gagan LLC (NFP)
93A02-1206-EX-466
Agency action. Affirms denial of claim for unemployment benefits.

Joshua D. Preston v. State of Indiana (NFP)
35A04-1206-CR-291
Criminal. Affirms convictions of Class B felonies neglect of a dependent and battery.

Roman Lawson v. State of Indiana (NFP)
48A05-1205-CR-235
Criminal. Affirms conviction of Class B felony aggravated battery.

In the Matter of the Term. of the Parent-Child Rel. of: D.T., and A.M. v. The Indiana Dept. of Child Services (NFP)
49A05-1206-JT-285
Juvenile. Affirms termination of parental rights.

Jason Tye Myers v. Stason L. Wiete, Unknown Party, and W. Lafayette Police Department (NFP)
79A04-1206-CT-323
Civil tort. Affirms summary judgment for defendants on Myers’ action for malicious prosecution.

Amber D. Courtney v. State of Indiana (NFP)
56A03-1206-CR-282
Criminal. Affirms sentence following guilty plea to Class B felony possession of narcotic drug because it occurred within 1,000 feet of a family housing complex.

Term. of the Parent-Child Rel. of C.D., and A.D., minor children, and S.D., the mother: S.D. v. Indiana Dept. of Child Services, and Lake County C.A.S.A. (NFP)
45A03-1205-JT-242
Juvenile. Affirms involuntary termination of parental rights.

Shaun L. Steele v. Correctional Industrial Facility (NFP)
48A04-1207-SC-383
Small claim. Affirms decision to set aside default judgment entered against Correctional Industrial Facility.

Term. of the Parent-Child Rel. of J.D., J.D., J.D.,L.D., and La.D., (Minor Children), and J.D. (Mother) v. The Indiana Dept. of Child Services (NFP)
82A05-1206-JT-388
Juvenile. Affirms termination of parental rights.

Jarrell Marcell Ballard v. State of Indiana (NFP)
45A04-1206-CR-319
Criminal. Affirms convictions of Class A felony robbery, Class A felony burglary, Class B felony robbery, Class C felony battery and Class A misdemeanor battery.

Shannon N. Maiden v. State of Indiana (NFP)
89A04-1206-CR-330
Criminal. Affirms sentence following guilty plea to dealing in a schedule I controlled substance as a Class A felony because the offense occurred within 1,000 feet of a school.

David Edmonds v. Menards, Inc. (NFP)
93A02-1209-EX-712
Agency action. Affirms Worker’s Compensation Board’s determination that Edmonds suffers a 10 percent permanent partial impairment rating with regard to his spinal injuries, and reverses the board’s determination relating to Edmonds’ right shoulder injury. Remands to the board for a determination of whether Edmonds suffers permanent impairment with respect to his shoulder injury.

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.

Opinions Feb. 6, 2013

February 6, 2013

Indiana Court of Appeals
Walter E. Smith, Jr. v. State of Indiana
84A04-1112-CR-637
Criminal. Affirms conviction of Class A felony dealing in cocaine. The trial court did not abuse its discretion in refusing to use Smith’s tendered instruction because the substance of that instruction was covered by instructions given by the court nor in refusing to discharge Smith pursuant to Criminal Rule 4(B). The trial court also did not abuse its discretion in admitting at trial the cocaine evidence seized pursuant to a valid search warrant.

Judges affirm man’s drug conviction

February 6, 2013

A man stopped by police while driving through Vigo County for unsafe lane movement – and later convicted of Class A felony dealing in cocaine – couldn’t convince the Indiana Court of Appeals that his conviction should be overturned.

Human trafficking bill goes to full Senate

February 6, 2013

A bill to strengthen the state’s human trafficking law – which was passed last year in anticipation of Indianapolis hosting the Super Bowl, has made it out of committee.

COA: Parties must arbitrate dispute over insurance coverage

February 6, 2013

The Indiana Court of Appeals found a trial court erred when it failed to enforce an arbitration provision of an insurance policy issued by Pekin Insurance Co. and ordered a couple’s lawsuit against their insurer stayed until arbitration is complete.

Federal court to stage Underground Railroad event for Black History month

February 6, 2013

The U.S. District Court for the Southern District of Indiana will celebrate Black History Month with the presentation “Escape of Caroline,” based on a true story of the Underground Railroad.

Marsh: Company code of conduct didn’t apply to him

February 6, 2013

Don Marsh continued to use the company jet for personal reasons even after Marsh Supermarkets Inc. adopted a code of conduct to discourage financial fraud within the company, a lawyer for the supermarket chain alleged Wednesday morning in an Indianapolis courtroom.

Articles