Four people in St. Joseph County have been charged following an investigation into whether signatures were forged on an election ballot petition for president in the 2008 Indiana primary election. A special prosecutor has been assigned to the cases.
The ACLU of Indiana and NUVO managing editor Jim Poyser will lead a panel discussion, “Environmental Justice: Whose air/food/water is it, anyway?” at its First Wednesday event April 4.
Evansville’s Youth Resources is seeking volunteer attorneys to assist in its Teen Court. The court is an early intervention/diversion program in the Vanderburgh County Juvenile Justice System for first-time youth offenders ages 10 through 17.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Robert Huskey v. State of Indiana (NFP)
69A01-1107-CR-390
Criminal. Affirms convictions of and sentence for Class B felony attempted sexual misconduct with a minor and Class C felony sexual misconduct with a minor under one cause number and the reinstatement of a previously suspended sentence under a second cause number.
Austin Harmon v. State of Indiana (NFP)
34A05-1109-CR-494
Criminal. Remands to the trial court for a probation revocation statement consistent with the due process requirement and this opinion.
Steffan Solomon v. State of Indiana (NFP)
02A03-1109-CR-402
Criminal. Affirms convictions of and sentence for Class B felony sexual misconduct with a minor, Class C felony sexual misconduct with a minor, and Class A misdemeanor contributing to the delinquency of a minor.
The Indiana Supreme Court denied transfer to 11 cases for the week ending March 30.
7th Circuit Court of Appeals
Laenise Arnett v. Michael J. Astrue, commissioner of Social Security
11-2424
U.S District Court, Northern District of Indiana, Fort Wayne Division, Judge Robert L. Miller Jr.
Civil. Reverses decision by administrative law judge to deny claim for disability insurance benefits as the judge failed to properly assess residual functional capacity. Remands for further proceedings.
The 7th Circuit Court of Appeals has found that an administrative law judge failed to properly assess a woman’s residual functional capacity in deciding whether she qualified for disability insurance benefits from the Social Security Administration. The judges ordered the case back to the agency for further proceedings.
The James P. White Lecture on Legal Education at the Indiana University Robert H. McKinney School of Law April 3 will discuss the transformation of the legal profession and legal education.
The Office of the Indiana Attorney General said Monday that it has already received more tax-related identity theft complaints this year than in all of 2011.
Justice Frank Sullivan will leave the Indiana Supreme Court to teach business law and corporate finance at Indiana University Robert H. McKinney School of Law.
A woman whose dogs attacked and injured two people failed to prove that the evidence was insufficient to support her convictions. But the Court of Appeals agreed that a portion of her overall sentence should be vacated based on double jeopardy grounds.
The Indiana Court of Appeals granted the former Clark County surveyor’s request for a rehearing on its decision regarding his involvement in two county projects, but found his assertions on rehearing are without merit.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Bilsland, LLC, LPM Investments, LLC, Phillip D. Mervis, Louis Mervis, Henry Bilsland, Justin Bilsland, and Biosafe Engineering, LLC v. Bradley D. Crain and Richard J. Redpath (NFP)
32A01-1106-PL-266
Civil plenary. Affirms grant of an Indiana Trial Rule 12(B)(8) motion by Crain and Redpath to dismiss the appellants’ claim.
Delmar J. Kent v. State of Indiana (NFP)
39A01-1105-CR-234
Criminal. Affirms conviction of and sentence for two counts of Class A felony child molesting and one count of Class C felony child molesting.
In Re the Paternity of: B.H. by next friend: B.C. (Father) v. D.H. (Mother) (NFP)
49A04-1106-JP-311
Juvenile. Affirms denial of father’s requests to place B.H. in a different school district and to grant him joint physical and/or legal custody.
Andrew Abbott v. State of Indiana (NFP)
33A04-1109-CR-545
Criminal. Affirms sentence following guilty plea to Class A misdemeanor trespass.
State of Indiana, Little Calumet River Basin Development Commission v. Gary Murphy and Lake County Treasurer (NFP)
45A03-1106-PL-261
Civil plenary. Affirms jury verdict of $332,172 in damages to Murphy and the Lake County Treasurer for multiple easements placed on Murphy’s property by the development commission.
J.R.T. v. State of Indiana (NFP)
20A03-1110-JV-477
Juvenile. Affirms commitment to the Department of Correction.
Vicky L. Tisdial v. State of Indiana (NFP)
29A05-1011-CR-728
Criminal. Reverses denial of petition requesting expungement of arrest record.
Derrick L. Myers v. State of Indiana (NFP)
49A02-1106-CR-508
Criminal. Affirms revocation of probation.
Aaron Isby v. State of Indiana (NFP)
48A02-1107-CR-774
Criminal. Affirms denial of Isby’s motions to compel his original trial counsel to produce all documents relating to his 1992 trial and for copies of his preliminary hearing transcript and the transcripts of three depositions taken leading up to his 1992 trial.
Gerald McKinney v. State of Indiana (NFP)
71A04-1108-CR-450
Criminal. Affirms conviction of Class A misdemeanor animal cruelty.
Rondell Boyd v. State of Indiana (NFP)
49A02-1108-CR-725
Criminal. Affirms three convictions of Class C felony child molesting.
K.J. v. Review Board of the Indiana Dept. of Workforce Development and T.N.V.A.H. (NFP)
93A02-1106-EX-634
Agency appeal. Affirms denial of unemployment benefits.
DeCarlos J. Freeman v. State of Indiana (NFP)
20A04-1111-CR-619
Criminal. Affirms convictions of resisting law enforcement – one as a Class D felony and one as a Class A misdemeanor – following a guilty plea.
Indiana Court of Appeals
Kristine A. and Larry G. Dawson v. Fifth Third Bank
49A02-1107-PL-704
Civil plenary. Affirms order denying the Dawsons’ motion for summary judgment and granting Fifth Third Bank’s cross-motion for summary judgment on its claim for replevin. When Magish, who sold a motorcycle to the Dawsons, defaulted on his loan from Fifth Third, the bank as the secured party had the right to take possession of the motorcycle.
A trial court’s decision to grant a father’s motion to modify custody and prevent his ex-wife from relocating with their son was clearly erroneous, the Indiana Court of Appeals concluded in reversing the decision. The lower court ruling virtually ignored the immense benefit the mother’s new position in Tennessee would bring to her and her son.
A trial court did not err when it found in favor of a homeowner on his breach of contract claim against the contractor he hired to repair his clay tile roof following a storm, the Indiana Court of Appeals concluded.
The Indiana Court of Appeals ruled that a trial court properly dismissed a couple’s complaint over the closure of an access road into cemetery where their daughter is buried.
Even though a restoration company’s contract with a homeowner did not satisfy the requirements of the Home Improvement Contracts Act, that did not automatically render the contract void, the Indiana Court of Appeals ruled. The judges reversed judgment in favor of the homeowner and ordered he pay the company for the work it performed.
The Indiana Court of Appeals has upheld summary judgment for a bank in its attempt to repossess a motorcycle, finding that while the purchasers of the motorcycle had an interest in it, their interest was not superior to the bank’s perfect security interest.
The fee for electronic public access through the Public Access to Court Electronic Records System increases to 10 cents per page April 1.
The Indiana Court of Appeals affirmed the trial court in concluding a new trial is warranted to determine allocation of fault in a man’s murder. At issue is the percentage of fault to allocate to a criminal defendant and his former employer.