The United States Bankruptcy Court in the Southern District of Indiana is seeking comment on proposed amendments to its local rules. The changes include references to the local rules of the District Court.
Marion Superior Judge David Dreyer has ordered the state to pay IBM an additional $12 million in early termination closeout payments and for equipment it retained after canceling a contract with IBM to implement a modernized welfare system. The judge previously ruled in January that the state was on the hook for $40 million in subcontractor assignment fees for terminating the contract.
The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
The Indiana Supreme Court Tax Court posted no opinions by IL deadline.
Indiana Court of Appeals
Kenneth Simmons v. State of Indiana (NFP)
49A02-1108-CR-781
Criminal. Affirms conviction of Class B felony aggravated battery.
John Doe a/k/a mspbis123, a/k/a Stacy Palombo v. Eve Carson (NFP)
49A05-1201-PL-2
Civil plenary. Reverses denial of Palombo’s partial motion for summary judgment on Carson’s claim of defamation per se. Remands with instructions to enter an order consistent with this opinion.
Jason E. Hough v. State of Indiana (NFP)
05A04-1107-CR-361
Criminal. Affirms convictions of three counts of Class A felony child molesting but reverses and remands with instructions with respect to Hough’s sentence.
Adrian Hardy v. State of Indiana (NFP)
18A02-1111-CR-1002
Criminal. Affirms convictions of Class B felony dealing in cocaine and Class D felony maintaining a common nuisance. Remands with instructions to correct the abstract of judgment.
Timothy Matson v. State of Indiana (NFP)
04A03-1112-CR-567
Criminal. Affirms denial of motion to correct erroneous sentence.
Larry C. Perry, Jr. v. State of Indiana (NFP)
02A05-1112-CR-635
Criminal. Affirms convictions of Class D felonies criminal confinement, strangulation, two counts of domestic battery, residential entry, and invasion of privacy; Class A misdemeanors interference with the reporting of a crime and resisting law enforcement; and adjudication as a habitual offender.
William M. Steele v. Daniel Callahan (NFP)
84A01-1110-SC-484
Small claim. Affirms denial of Steele’s motion to dismiss and denial of Callahan’s claim for attorney fees. The trial court properly found that inconsistencies in the 2008 and 2009 surveys conducted by Steele proximately caused Callahan and Riggs to incur costs related to the third survey by Myers. The trial court’s findings that Steele’s negligence proximately caused Callahan’s damages regarding the movement of the fence, the 2008 Steele survey, and his initial landscaping costs, were clearly erroneous. Remands with instructions.
Margaret Killion v. Jarrod Kendall, d/b/a Kendall Kontracting and Jarrod Kendall (NFP)
09A04-1109-CT-513
Civil tort. Affirms denial of Killion’s motion to correct error in the ruling that Kendall Kontracting and Kendall did not commit any fraud during Killion’s home improvement project.
In Re: the Paternity of T.P., R.L. and W.M. v. B.P. (NFP)
06A01-1202-JP-38
Juvenile paternity. Affirms grant of father’s discovery protective order and finding that stepmother did not meet her burden to pursue third-party custody of T.P. Reverse the award of attorney fees.
In the Matter of the Term. of the Parent-Child Rel. of K.D., K.B., and B.Y.; and N.D., O.Y., and W.B. v. Indiana Dept. of Child Services (NFP)
50A05-1110-JT-568
Juvenile termination. Affirms involuntary termination of parental rights.
Garry Balthes v. Concept Industries, Inc., Composite Technologies, LLC, and Shawn Eshragh (NFP)
20A03-1111-CC-517
Civil collection. Reverses in part summary judgment and remands for further proceedings on the sole issue of Balthes’ promissory estoppel defense or claim and affirms in all other respects.
Robert Spears v. State of Indiana (NFP)
49A05-1103-PC-110
Post conviction. Affirms denial of petition for post-conviction relief.
Michael Berthiaume v. State of Indiana (NFP)
49A02-1111-CR-1018
Criminal. Affirms convictions of Class D felony strangulation and Class A misdemeanor battery.
Gregory Hensley v. State of Indiana (NFP)
49A05-1111-CR-605
Criminal. Affirms conviction of Class B felony criminal deviate conduct.
Omnisource Corporation v. David E. Lallow, James Niswonger, Sr., 3 Rivers Metal Recycling, LLC and J & D Real Estate, LLC (NFP)
02A05-1112-PL-627
Civil plenary. Reverses order granting defendants’ cross-motion for summary judgment in Omnisource’s action against Lallow, Niswonger, 3 Rivers Metal Recycling and J&D Real Estate for injunctive relief and damages.
Dellia Castile v. State of Indiana (NFP)
71A03-1112-CR-583
Criminal. Affirms trial court decision to not reduce bail.
Erik Morales v. State of Indiana (NFP)
10A01-1110-CR-554
Criminal. Affirms convictions of two counts of Class A felony child molesting and one count of Class A felony attempted child molesting.
Term. of Parent-Child Rel. of: Jo.L. (Minor Child), and J.L. (Mother) v. The Indiana Dept. of Child Services (NFP)
22A01-1111-JT-542
Juvenile termination. Affirms termination of parental rights.
Payroll Disbursement Account 2, Inc. v. Unemployment Insurance Appeals of the Indiana Dept. of Workforce Development (NFP)
93A02-1108-EX-878
Agency appeal. Affirms decision by liability administrative law judge affirming the determination of the department of workforce development that PDA 2 is a partial successor employer of Management 2000 Benefits Inc. for purposes of calculating its unemployment insurance tax contributions.
Term. of Parent-Child Rel. of: O.H. & J.M. (Minor Children), and C.H. (Mother) v. The Indiana Dept. of Child Services (NFP)
71A05-1112-JT-707
Juvenile termination. Affirms termination of parental rights.
Tracy Hertel v. State of Indiana (NFP)
71A03-1106-CR-244
Criminal. Affirms denial of motion to correct erroneous sentence.
In the Matter of the Term. of the Parent-Child Rel. of: E.M.R., and V.H. & M.R. v. The Indiana Dept. of Child Services (NFP)
71A03-1110-JT-494
Juvenile termination. Affirms termination of parental rights.
Indiana Court of Appeals
Darrell Larue Brown v. State of Indiana
10A04-1109-CR-551
Criminal. Affirms Brown’s sentence following guilty plea to two counts of Class B felony child molesting. Brown waived his right to appeal.
A Southern Indiana man, as part of his plea agreement on child molesting charges, knowingly and voluntarily waived his right to challenge the propriety of his sentence on appeal, the Indiana Court of Appeals ruled.
The Indiana Court of Appeals reversed a trial court judgment against the state in a lawsuit filed by a subcontractor working on an airport project in Gary, holding the lower court erroneously determined the state had breached a contract between it and the subcontractor.
A convicted sex offender who argued that a probation condition prohibiting him from living within 1,000 feet of a school is unduly restrictive on his property interest in a home he owns lost his appeal before the Indiana Court of Appeals.
The Indiana Court of Appeals found that the state presented sufficient evidence to support a Marion County man’s five convictions of child exploitation.
The Indiana Supreme Court’s Division of State Court Administration has designed a retention website for voters to learn about the six appellate judges up for retention this November.
The Indiana Judicial Nominating Commission began interviews with 22 candidates vying to replace retiring Justice Frank Sullivan Jr. The interviews are taking place Tuesday and Wednesday, and the commission will narrow the list Wednesday to those who will be interviewed a second time in August.
Indiana University Robert H. McKinney School of Law Dean Gary Roberts will retire as dean June 30, 2013, Indiana University Purdue University-Indianapolis announced Tuesday. He will remain on the law school faculty after he steps down as dean.
Legal businesses face unique challenges even if they are willing to embrace environmentally sound business practices.
One key point of difference consistently emphasized by participants in the IndyBar Diversity Job Fair — both employers and by students — is the personal attention and consideration provided both prior to and during the job fair.
There’s a lot I enjoy about being involved in the IndyBar. I must confess, though, that about the best thing I have been able to do a several times over the past few years is represent the IndyBar at naturalization ceremonies conducted by the United States District Court for the Southern District of Indiana.
Effective July 1, 2012, the law regarding a parent’s duty to support a child changed dramatically. Absent certain circumstances, previously a parent was obligated to pay child support until a child was 21 years of age. However, pursuant to the amended versions of I.C. §31-14-11-18 and §31-16-6-6, child support now generally terminates as of a child’s 19th birthday.
At the recommendation of Judge Sarah Evans Barker, the Executive Committee of the Seniors Lawyers Division determined that the nomenclature, “Safe Ask,” would properly describe the program’s purpose and would encourage potential users to believe that they could be safe in asking questions that would aid them and their clients.
Ann Stewart and Karen Dutcher write about workers’ compensation rulings from the last six months.
Indiana Justice Steven David, appellate Judge Melissa May and lawyers and judges from Pro Bono District A, will be among the presenters at a day-long CLE event July 27 at Valparaiso University Law School. “A Potpourri of Timely Topics” is co-sponsored by the law school and NWI Volunteer Lawyers Inc., the District A pro bono project.