neglect

Opinions Jan. 30, 2013

January 30, 2013

Indiana Court of Appeals
Peter F. Amaya v. D. Craig Brater, M.D., in his capacity as Dean and Director of Indiana University School of Medicine; The Board of Trustees of Indiana University; et al.
49A04-1204-PL-208
Civil plenary. Affirms summary judgment in favor of the medical school on Amaya’s claims including breach of contract and breach of good faith and fair dealing after he was dismissed from the school. Amaya didn’t designate evidence that the school’s decision was in bad faith, arbitrary or capricious.

Judges rule on ‘contentious’ child support dispute, again

January 30, 2013

For the second time, a “contentious” child support dispute has come before the Indiana Court of Appeals. The judges upheld most of the obligations imposed on the father but ordered the trial court to use a different income allocation factor regarding certain bonuses.

COA reverses former principal’s conviction for failing to immediately report student’s alleged rape

January 30, 2013

A split Indiana Court of Appeals decided Wednesday that former Muncie Central High School principal Christopher Smith’s Class B misdemeanor conviction for failure to immediately report child abuse or neglect should be tossed out.

Supreme Court vacates transfer in bond case

January 30, 2013

The Indiana Supreme Court issued an order Monday vacating transfer to a case it accepted in October.

Defense attorneys in Bales case trash former co-defendant

January 30, 2013

Indianapolis attorney and developer Paul J. Page is no longer a co-defendant in the fraud trial of real estate broker John M. Bales and a partner after agreeing to a plea deal, but you wouldn't know it from the action Tuesday in the U.S. District Court for the Northern District of Indiana.

Justices accept, rule on 1 case on transfer

January 30, 2013

The Indiana Supreme Court took just one case last week and issued its decision on the matter the same day.

Senate panel advances DCS oversight measure

January 30, 2013

A proposed commission that grew from a study committee examining problems at the Department of Child Services cleared the Senate Judiciary Committee Wednesday.

Indiana authors 2 amicus briefs in same-sex cases before SCOTUS

January 30, 2013

The issue of same-sex marriage is before the Supreme Court of the United States, and Indiana has authored one amicus brief and co-authored another arguing that the states should be able to define marriage.

Student kicked out of IU medical school loses on breach of contract claim

January 30, 2013

An Ohio man who was in his third year at Indiana University School of Medicine when he was dismissed for allegedly cheating couldn’t convince the Indiana Court of Appeals to overturn summary judgment for the school on his breach of contract claim.

Setting it straight

January 30, 2013

The Jan. 25 and Jan. 29 issues of IL daily reported that John Maciejczyk interviewed for the St. Joseph Superior Court vacancy and Andrew Straw had to cancel his interview. Maciejczyk did not interview and had to withdraw his application, and Straw did interview.

Bales defense: Elkhart deal was a ‘scheme to help’

January 29, 2013

Facing a looming deadline to find suitable office space for the state Department of Child Services and the prospect that abused or neglected children in Elkhart County could go without services, real estate broker John M. Bales and partner Bill Spencer in 2008 dipped into their own pockets to help close a difficult lease deal, their defense attorneys contend.

Opinions Jan. 29, 2013 ILD

January 29, 2013

Indiana Court of Appeals
Kelly Coots v. State of Indiana (NFP)
15A05-1203-CR-155
Criminal. Affirms sentence of a maximum of three years in prison on a conviction of Class D felony theft.

Jeffrey A. Booth v. State of Indiana (NFP)
84A01-1203-CR-118
Criminal. Affirms conviction of Class B felony dealing in methamphetamine and Class D felony possession of methamphetamime.

Rudy J. Smith v. State of Indiana (NFP)
53A04-1202-PC-280
Post conviction. Affirms denial of post-conviction relief.

Clarence Johnson v. Juana Johnson (NFP)
45A03-1202-DR-94
Domestic relations/dissolution. Affirms judgment of trial court in all respects.

Madelyn Smith v. State of Indiana (NFP)
49A02-1205-CR-408
Criminal. Affirms 10-year executed sentence for convictions of Class B felony neglect of a dependent, two counts of Class B felony battery, and three counts of Class D felony battery.

In Re: The Paternity of K.G.; J.G. and S.S. and A.S. (NFP)
49A05-1206-JP-307
Juvenile. Affirms trial court order awarding mother S.S. custody of daughter K.G.

Accessabilities, Inc. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-1207-EX-551
Executive administration/worker’s compensation. Affirms Department of Workforce Development Review Board decision that an employee was not discharged for just cause.

Denise Polak and Dianne Rose and Dianne Rose, Lake County Trust Co., as Trustee for Trust #6041, and Jeanne Collins Living Trust, Dianne Rose, Trustee v. Tiffiny Jordan (NFP)
64A05-1205-PL-284
Civil plenary. Reverses trial court ruling joining Polak as a party to a suit filed by Jordan.

Ray Ortega v. Susko Corp., Inc., d/b/a Our Place (NFP)
45A03-1205-CT-219
Civil tort. Affirms trial court grant of judgment on the evidence in favor of Susko.

Lanard E. Foster v. State of Indiana (NFP)
02A04-1207-CR-390
Criminal. Affirms concurrent three-year sentences for convictions of Class D felony domestic battery in the presence of a child under age 16 and Class D felony domestic battery with a prior domestic battery conviction.

Indiana Supreme Court and Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.

Opinions Jan. 29, 2013

January 29, 2013

Indiana Court of Appeals
John Alden v. State of Indiana
30A01-1209-CR-412
Criminal. Affirmed trial court’s denial of petition to reduce Alden’s Class D felony conviction for operating while intoxicated to a Class A misdemeanor. In a review of the state statute covering the sentencing range for Class D felonies, the COA found the statute contained the word “may” instead of “shall” which gives the courts the freedom to deny petitions.

Lawmakers amend bill to restrict sex offenders’ access to social media

January 29, 2013

In response to a ruling by the 7th Circuit Court of Appeals, two Indiana lawmakers have introduced a proposal restricting sex offenders from using social media sites.

Statute’s language gives courts discretion when reviewing petitions to reduce Class D felony to a misdemeanor

January 29, 2013

A Hancock County man will not have his felony conviction reduced to a misdemeanor after the Indiana Court of Appeals ruled the state statute gives the courts the freedom to decide whether to grant or deny a petition.

COA reversal of truck forfeiture allows movie fan to drive off into the sunset

January 29, 2013

In a reversal of a trial court’s ruling, the Indiana Court of Appeals held that a man who pleaded guilty to selling pirated movies should not have had his truck taken by the state because violating copyright is not the same as stealing goods

Finalists selected for St. Joseph Court

January 29, 2013

Two attorneys in private practice and three public servants are finalists for an upcoming vacancy in St. Joseph Superior Court.

Judges’ ruling in email records case defers to public access counselor

January 29, 2013

A request for the email records of public officials that simply asks for emails to or from officials over a certain period of time doesn’t satisfy the Access to Public Records Act, a panel of the Indiana Court of Appeals ruled Tuesday.

IBA: Volunteer to Take a Family Law or Minor Guardianship Pro Bono Case

January 29, 2013

The day has arrived when local legal service providers and the bar are coordinating efforts to provide pro bono help in family law cases, and we’re ready for your help.

Articles

Opinions Jan. 30, 2013

Judges rule on ‘contentious’ child support dispute, again

COA reverses former principal’s conviction for failing to immediately report student’s alleged rape

Supreme Court vacates transfer in bond case

Defense attorneys in Bales case trash former co-defendant

Justices accept, rule on 1 case on transfer

Senate panel advances DCS oversight measure

Indiana authors 2 amicus briefs in same-sex cases before SCOTUS

Student kicked out of IU medical school loses on breach of contract claim

Setting it straight

Bales defense: Elkhart deal was a ‘scheme to help’

Opinions Jan. 29, 2013 ILD

Opinions Jan. 29, 2013

Statute’s language gives courts discretion when reviewing petitions to reduce Class D felony to a misdemeanor

COA reversal of truck forfeiture allows movie fan to drive off into the sunset

Finalists selected for St. Joseph Court

Judges’ ruling in email records case defers to public access counselor

IBA: Volunteer to Take a Family Law or Minor Guardianship Pro Bono Case

IBA Frontlines 1/30/13