Indiana Attorney General Greg Zoeller announced Thursday afternoon that the attorney general’s office will take over appellate representation of the Department of Child Services. DCS currently utilizes attorneys of its choice in appellate matters.
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
Cortney L. Schwartz v. Jodi S. Heeter
02A03-1109-DR-401
Domestic relation/Rehearing. Clarifies holding that Jodi Heeter waived her arguments on the motions for modification of support on appeal. She is not entitled to reconsideration of the motions by the trial court.
In Re the Adoption of C.R.R. and S.A.R.; W.E.R. v. D.M.T. (NFP)
49A02-1201-AD-45
Adoption. Affirms order granting the petition filed by D.M.T. to adopt C.R.R. and S.A.R.
Carl S. Piatt v. State of Indiana (NFP)
73A01-1202-CR-116
Criminal. Reverses denial of motion to correct erroneous sentence and remands with instructions.
Delon Churchill v. State of Indiana (NFP)
48A02-1111-CR-1108
Criminal. Affirms admission of certain evidence and that there was no prosecutorial misconduct. Affirms Class B felony robbery. Remands with instructions the trial court vacate the four Class B felony confinement convictions and sentences. Judge Bradford dissents.
Parrin J. Garner v. State of Indiana (NFP)
20A03-1110-CR-473
Criminal. Affirms conviction and sentence for Class B felony robbery.
Clay R. Firestone v. State of Indiana (NFP)
32A01-1201-PC-32
Post conviction. Affirms denial of petition for post-conviction relief and remands with instructions to assign the habitual offender enhancement to one of Firestone’s convictions.
Indiana Tax Court posted no opinions at IL deadline.
Indiana Supreme Court
An-Hung Yao and Yu-Ting Lin v. State of Indiana
35S02-1112-CR-704
Criminal. Cannot conclude that as a matter of law the defendants engaged in no conduct nor effected any result in Indiana that was an element of either the theft or the counterfeiting charge. The trial court did not abuse its discretion in denying sub silentio Lin’s motion to dismiss for lack of jurisdiction. The defendants’ airsoft gun is a written instrument within the meaning of the statute and therefore reverses the trial court’s dismissal of the counterfeiting charges. The trial court did not abuse its discretion in denying the defendants’ motions to dismiss the theft and corrupt business influence charges.
Charges of theft, counterfeiting and corrupt business influence against Houston-based defendants as a result of the sale of airsoft guns in Indiana can proceed in this state, the Supreme Court ruled Thursday.
In a dissent from Judge Nancy Vaidik involving a proposed medical malpractice complaint filed with the Department of Insurance before filing fees were paid, Vaidik claimed Judge James Kirsch created a new test to determine whether a complaint is timely filed and shifted the burden of ensuring fees are paid to the Department of Insurance instead of the attorney.
The Indiana Supreme Court has fined Brian L. Nehrig $1,000 and extended his ban from practice after finding he committed the unauthorized practice of law. Nehrig resigned from the bar in 2007, and he was sentenced in 2010 after pleading guilty to mail fraud.
The state may take property in Greene County over the objections of the owners for construction of a portion of Interstate 69, the Indiana Court of Appeals held Thursday.
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
State of Indiana v. David Bisard
49A04-1109-CR-459
Criminal. Reverses suppression of Bisard’s blood for purposes of various DUI charges. Finds the medical assistant did draw his blood in a way that followed physician-approved protocols and the implied consent statutes indicate that blood evidence is admissible so long as it complies with the rules of evidence. Read more about the decision.
In the Matter of the Adoption of J.W.; T. McD. v. G.C. (NFP)
53A04-1202-AD-78
Adoption. Affirms denial of T.McD.’s objection to and motion to vacate the decree of adoption of J.W.
Ethel S. Taylor v. State of Indiana (NFP)
49A02-1201-CR-19
Criminal. Affirms conviction of Class C felony battery.
Kevin Joseph Shufford v. State of Indiana (NFP)
45A03-1202-CR-72
Criminal. Affirms sentence for two counts of Class B felony dealing in cocaine and two counts of Class D felony dealing in a substance represented to be a controlled substance.
Brad A. Fisher v. Brandy Fisher (NFP)
43A03-1202-DR-86
Domestic relation. Dismisses Brad Fisher’s appeal of the order denying his verified petition to deem judgment paid in favor of Brandy Fisher.
Robert Lee Pickens v. State of Indiana (NFP)
43A03-1112-CR-585
Criminal. Affirms conviction of Class B felony dealing in methamphetamine, finding he is a habitual offender, and 30-year sentence.
Troy E. Reik v. State of Indiana (NFP)
11A01-1203-CR-134
Criminal. Affirms order Reik pay restitution.
In Re The Paternity of E.W.; T.S. v. J.W. and V.W. (NFP)
65A05-1201-JP-23
Juvenile paternity. Affirms denial of natural father’s request to change E.W.’s name and for attorney fees, and affirms refusal to make natural father’s support obligation retroactive to his paternity filing.
Term. of Parent-Child Rel. of Cord. L., Cort. L., & Cha. L., Minor Children, and their Mother, C.H.; C.H. v. Indiana Dept. of Child Services (NFP)
02A03-1202-JT-101
Juvenile. Affirms termination of parental rights.
Aljerome Hill v. State of Indiana (NFP)
71A04-1203-CR-147
Criminal. Affirms conviction of Class D felony domestic battery.
Indiana Court of Appeals
Dezmon Gaines v. State of Indiana
34A05-1201-CR-21
Criminal. Affirms denial of motion to suppress evidence. Indiana Code 9-19-19-4 is not void for vagueness and the officer’s search of Gaines was reasonable. Judge Crone concurs in result.
A Greene County man convicted of Class A felony child molesting is entitled to a new trial because extensive hearsay and vouching testimony was admitted in error, the Court of Appeals held Wednesday.
The Howard County man who argued that the statute dealing with the tint of car windows is void for vagueness lost his appeal, so the drug evidence found on him during a traffic stop can be allowed at trial, the Court of Appeals ruled.
An Indianapolis man will be able to keep all four of his dogs after the Indiana Court of Appeals found that complaints by just one neighbor about barking didn’t support finding he violated a local noise ordinance. The trial judge had ordered he get rid of two of his dogs.
Kenneth Feinberg brought tears to many of the attorneys who heard him speak Tuesday at the Indiana University Robert H. McKinney School of Law in Indianapolis about overseeing the compensation fund for victims of the Sept. 11 attacks.
The blood of the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one motorcyclist and injuring two others should be allowed at his trial for reckless homicide and other alcohol-related charges, the Indiana Court of Appeals ruled Wednesday morning on interlocutory appeal.
7th Circuit Court of Appeals released no Indiana opinions by IL deadline.
Indiana Supreme Court and Indiana Tax Court released no opinions by IL deadline.
Indiana Court of Appeals
J.Z. v. State of Indiana (NFP)
49A02-1202-JV-132
Juvenile. Affirms adjudication of delinquency.
J.G. v. State of Indiana (NFP)
49A02-1201-JV-17
Juvenile. Affirms adjudication of delinquency.
Argelio Gonzales v. State of Indiana (NFP)
09A02-1202-CR-92
Criminal. Affirms trial court order denying motion for sentence reduction.
Joseph V. Haas v. State of Indiana (NFP)
42A05-1202-CR-80
Criminal. Affirms revocation of probation.
William Adams and Patricia Adams v. Chase Home Finance, LLC (NFP)
18A02-1202-MF-96
Mortgage foreclosure. Affirms summary judgment in favor of Chase.
Dennis Yerk v. State of Indiana (NFP)
91A02-1111-CR-1056
Criminal. Affirms Class D felony conviction of killing a domestic animal.
Lake County Trust Co., as Trustee for Lake County Trust 5434 v. United Consumers Club, Inc. (NFP)
45A03-1111-PL-527
Civil plenary. Reverses summary judgment for the trust, holding that the trust did not have standing to sue.
In the Matter of a Minor Child in Need of Services, T.C., Minor Child, M.C., Mother v. Indiana Dept. of Child Services (NFP)
85A02-1202-JC-139
Juvenile custody. Affirms adjudication of T.C. as a child in need of services.
Robert A. Lesure v. State of Indiana (NFP)
18A02-1202-CR-87
Criminal. Affirms convictions and sentence for Class B felony robbery, and Class C felony intimidation.
Zimmer, Inc. and Zimmer Dental, Inc. v. Jason Young, Renae Salvitti, and Implant Direct Sybron Manufacturing, LLC d/b/a Implant Direct Sybron Intl. (NFP)
02A03-1112-CT-548
Civil tort. Affirms on interlocutory appeal the trial court’s denial of Zimmer’s request for additional injunctive relief.
Indiana Court of Appeals
Phillip A. Collins v. HSBC Bank USA, National Association, as Trustee for Home Equity Loan Trust Series Act 2004-HE3
45A03-1111-MF-600
Mortgage foreclosure. Affirms summary judgment in favor of HSBC, holding that Collins is estopped from asserting claims previously lost and litigated.
In a split ruling, the Indiana Court of Appeals upheld a South Bend man’s conviction of child molestation but rejected the state’s claim that wording on a supplemental sentencing order was a scrivener’s error.
The conviction and sentence of a Delaware County woman whose stepdaughter died due to neglect was not inappropriate, the Indiana Court of Appeals ruled Tuesday.
The Department of Child Services failed to prove that a father’s children were removed for cause required under state statute, and the trial court erred in terminating the parental rights of the Dearborn County man.
An award of post-judgment interest paid by a losing party does not include the time a court takes in tallying the bill, the Indiana Court of Appeals ruled.