American Bar Association gains from Indiana leadership
Valparaiso University Law School student follows a Hoosier tradition of involvement with the bar association.
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Articles
Indiana sex offender parole conditions at issue
Indiana appellate judges are grappling with sensitive questions about whether the state’s automatic and uniform parole conditions for sex offenders are constitutional.
Low pay leads to high job turnover
Salaries in the public sector are causing the criminal justice system to suffer.
NCAA’s point man
The NCAA faces an array of litigation from current and former players, much of which posits antitrust allegations.
Opinions Nov. 19, 2012 ILD
The following are the not-for-publication opinions released by IL deadline Monday. For publication decisions are detailed in the stories above.
Indiana Court of Appeals
Term. of Parent-Child Rel. of S.B., Minor Child; B.B., Mother, and D.B., Father v. The Indiana Dept. of Child Services (NFP)
02A03-1202-JT-74
Juvenile/termination of parental rights. Affirms termination of parental rights.
Opinions Nov. 19, 2012
Indiana Court of Appeals
Dr. Norma Kreilein, Rock Emmert, and Healthy Dubois County, Inc. v. Common Council of the City of Jasper and Jasper Utility Board
19A04-1201-MI-51
Miscellaneous/Open Door Law. Reverses trial court’s denial of plaintiffs’ motion to amend complaint, continue trial and compel discovery, and remands for a new trial. The court held that plaintiffs were diligent in pursing discovery but were thwarted for months by Jasper’s refusal to cooperate.
State Senate creates new committee to study civil law
The Indiana Senate has added a new committee to its roster to examine non-criminal legal issues.
Town court judge admonished for traffic case involvement
A northeastern Indiana town court judge was given a public admonishment Monday by the Commission on Judicial Qualifications for her direct individual involvement with parties involved in a 2008 traffic infraction case.
Appeals court to hear Star appeal on identifying online commenter
The Indiana Court of Appeals has blocked a court order requiring The Indianapolis Star to disclose the name of an online commenter and will hear further arguments on the matter Tuesday morning.
Trial that OK’d Jasper energy plant conversion error-filled
A judge who ruled against opponents of the conversion of a former coal-fired energy plant in Jasper abused her discretion on a series of matters, the Indiana Court of Appeals held Monday in reversing a bench trial that found for the city.
Opinions Nov. 16, 2012 ILD
Following are non-for-publication opinions issued prior to IL deadline. For-publication opinions issued are detailed in the stories above.
Indiana Court of Appeals
Sharmain J. Smith v. State of Indiana (NFP)
02A03-1204-CR-174
Criminal. Affirms conviction of illegal possession of a firearm by a serious violent felon.
Roosevelt D. Brooks v. State of Indiana (NFP)
48A02-1205-PC-375
Post-conviction relief. Affirms denial of post-conviction relief.
Mattie A. Tedrow and Mary L. Pierson v. Coyeville Belcher as Personal Rep. of the Estate of Everett D. Belcher, Jr.; and Lynn R. Belcher (NFP)
59A01-1204-EU-196
Estate/unsupervised. Affirms trial court decision to uphold the will of Tedrow and Belcher’s father.
William Emry v. State of Indiana (NFP)
27A03-1204-CR-274
Criminal. Affirms revocation of probation.
BCC Products, Inc. and Roger Brunette, Jr. v. Roger Brunette, Sr., and Pauline Brunette (NFP)
41A01-1201-CC-28
Collections. Affirms trial court decision in favor of defendants.
Albert Lindsey v. State of Indiana (NFP)
49A02-1204-CR-333
Criminal. Affirms conviction and enhancement of a count of trespassing from a Class A misdemeanor to a Class D felony.
Bernard Simmons v. State of Indiana (NFP)
45A04-1203-CR-104
Criminal. Affirms six-year sentence for Class C felony criminal confinement.
Jerry Kaiser, Jr. v. State of Indiana (NFP)
82A01-1203-CR-124
Criminal. Affirms convictions of Class B felony dealing methamphetamine and Class D felony possession of methamphetamine.
Michael Ramos v. Robertson's Apartments (NFP)
71A03-1203-SC-107
Small claims. Affirms trial court denial of request for appointment of guardian ad litem and request for damages in excess of the small claims jurisdictional maximum.
Opinions Nov. 16, 2012
Indiana Court of Appeals
Marybeth Lebo v. State of Indiana
46A05-1202-CR-104
Criminal. Affirms trial court’s judgment in denying motion to dismiss charges of failure to report child abuse or neglect. Lebo argued the charges were not permissible because they came after the statute of limitations had passed but the COA disagreed, finding the Legislature’s intent was to make the failure to report a continuing offense. Otherwise, the court stated, the duty to report would be limited to the day on which the individual comes to believe abuse is taking place.
Legislature intended to make failure to report child abuse a continuing offense
A high school coach’s failure to report child abuse is a continuing offense to which the statute of limitations does not apply, the Indiana Court of Appeals ruled.
COA finds trust that bought foreclosed home gained insurance equity
An estate that purchased a foreclosed house at a sheriff’s sale established an equitable lien through which it was entitled to collect proceeds in the event of an insured loss, the Indiana Court of Appeals ruled Friday.
Kohl’s loses appeal vs. developer, county over Evansville store
A department store chain failed to persuade the Indiana Court of Appeals to reverse a trial court’s dismissal of a lawsuit it filed against a developer and two public Vanderburgh County entities.
7th Circuit: Child porn victims must prove defendant shared images to receive monetary damages
Two victims who received restitution judgments of $3.367 million and $965,827 must prove the defendant convicted of multiple federal child pornography counts uploaded images of them.
Opinions Nov. 15, 2012 ILD
Indiana Court of Appeals
Kurt E. Hinkle v. State of Indiana (NFP)
12A05-1204-CR-199
Criminal. Affirms conviction of two counts of Class B felony sexual misconduct with a minor.
Jeffery Evans v. State of Indiana (NFP)
49A05-1203-CR-115
Criminal. Affirms conviction of four counts of Class C felony child molesting.
Term. of the Parent-Child Rel. of: B.T. (Minor Child), and B.J.T. (Father) v. The Indiana Dept. of Child Services (NFP)
79A05-1107-JT-710
Juvenile/termination of parental rights. Affirms termination of parental rights.
Opinions Nov. 15, 2012
Indiana Court of Appeals
Derek Asklar and Pauline Asklar v. David Gilb, Paul Garrett Smith d/b/a P.H. One Trucking, Empire Fire and Marine Ins. Co., d/b/a Zurich; Travelers Ideminity Co. of America
02A03-1204-CT-170
Civil tort/insurance. Affirms in part and reverses in part the trial court’s grant of summary judgment in favor of Empire, holding that Indiana law rather than Georgia law should apply in the case, but determining that Empire’s uninsured/underinsured motorist coverage limit is still only $75,000, as the trial court ruled.
Off-duty police officer’s stop and frisk violated Fourth Amendment
The stop, search and subsequent discovery of drugs violated the Fourth Amendment’s protection against unreasonable searches even though the police officer was off duty at the time of the incident, the Indiana Court of Appeals has ruled.
Courts to mark National Adoption Day
Judges in three Indiana courts will observe National Adoption Day on Friday by presiding over several uncontested adoptions and opening their courtrooms for media coverage of the events.