The Indiana Court of Appeals has ordered a woman convicted of killing her son by setting fire to their home in 1996 receive a new trial, although one judge believed she did not meet her burden to prevail on appeal from the denial of her petition for post-conviction relief.
The Indiana Supreme Court has affirmed the outcome of a case between Family and Social Services Administration and a decertified intermediate care facility, in which the net result was a wash for both sides.
The majority of Indiana justices ordered a new trial on liability for a school corporation being sued for wrongful death, finding one of the jury instructions could have misled the jury about a key issue regarding liability.
Indiana Court of Appeals
Mitchell Preston v. State of Indiana (NFP)
48A04-1108-CR-403
Criminal. Affirms order Preston serve seven years of previously suspended sentence in the Department of Correction.
Jonathan R. Stephens v. State of Indiana (NFP)
85A05-1108-CR-446
Criminal. Affirms sentence following guilty plea to Class D felony theft.
Kevin Ferguson v. State of Indiana (NFP)
53A01-1107-CR-292
Criminal. Affirms conviction following guilty plea to Class B felony dealing in methamphetamine after trial court denied request to withdraw plea.
James N. Hamilton v. State of Indiana (NFP)
89A04-1103-CR-134
Criminal. Affirms two convictions of Class D felony receiving stolen property.
B.M. v. M.M. and M.R.M., b/n/f M.M. (NFP)
12A02-1107-JP-722
Juvenile. Affirms order awarding custody to father. Father is not entitled to appellate attorney fees.
Clarence A. Martin, Jr. v. State of Indiana (NFP)
82A01-1008-PC-497
Post conviction. Dismisses appeal of denial of petition for post-conviction relief.
Thomas Eaton, et al. v. City of Gary, et al. (NFP)
45A04-1106-MI-312
Miscellaneous. Affirms order denying Eaton and other appellants’ motion to correct error.
Rochelle M. Gibler v. Discover Bank (NFP)
71A05-1109-CC-500
Civil collection. Affirms summary judgment in favor of Discover Bank upon its breach of contract claim.
R.S. v. Review Board of the Indiana Dept. of Workforce Development and M.B. (NFP)
93A02-1107-EX-656
Agency appeal. Affirms denial of unemployment benefits.
Malinda Diaz v. State of Indiana (NFP)
49A02-1109-CR-821
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
Earl R. England and Mary L. England v. Rob E. Hurford and Jennifer M. Hurford (NFP)
50A04-1106-PL-297
Civil. Affirms order granting a preliminary injunction to the Hurfords.
William Singleton v. State of Indiana (NFP)
75A05-1106-CR-346
Criminal. Affirms conviction of Class A felony attempted voluntary manslaughter and remands with instructions to vacate the Class B felony aggravated battery conviction and sentence.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
Estate of Nicholas D. Rice, deceased, by Rick D. Rice and Diane J. Waldrop, co-personal representatives v. Correctional Medical Services, et al.
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/march/GK0PUU3D.pdf
09-2804, 10-2389
U.S. District Court, Northern District of Indiana, South Bend Division, Judges Robert L. Miller Jr. and Rudy Lozano.
Civil. In No. 09-2804, affirms in part and reverse in part the District Court’s entry of summary judgment in favor of the defendants. A material dispute of fact precludes summary judgment on one of the estate’s Section 1983 claims. In No. 10-2389, reverses the District Court’s decision to dismiss the state claims on the basis of collateral estoppel. Remands both cases for further proceedings consistent with this opinion.
The Indiana Supreme Court has held that a tortfeasor’s vehicle was underinsured according to state statute because the benefit amount actually paid to a woman was less than the per-person limit of liability of the underinsurance endorsement of an insurance policy that applied to all the family members involved in the accident.
The 7th Circuit Court of Appeals has ordered the trial court to take another look at two cases combined on appeal, which stem from the death of an inmate at the Elkhart County jail.
The Indiana Supreme Court has found that a man convicted of helping to rob a restaurant did not preserve the issue of whether the trial court properly determined he was a habitual offender that could receive an enhanced sentence.
The Indiana Court of Appeals has affirmed a trial court in finding a man who is mentally ill was nevertheless aware of the wrongfulness of his actions.
The Indiana Supreme Court has determined that not enough evidence of intent existed for a judge to grant summary judgment for a bank alleging a business owner committed fraud.
In a man’s appeal of the denial of petition for post-conviction relief, in which he claimed ineffective assistance of his trial and appellate counsel, the Indiana Court of Appeals was divided on whether his appellate counsel was ineffective and if caselaw prevented the trial court from considering charges outside of the guilty plea.
The Indiana Supreme Court has issued an answer to a certified question about how state law plays into a federal railroad right-of-way case that involves property owners who want their land rights back for easements that once belonged to a railroad company.
The Indiana Court of Appeals found under the plain language of a woman’s insurance policy, the woman did what was required of her by the policy to pursue an underinsured motorist claim.
The Indiana Supreme Court sided with the federal courts that have concluded courts may consider one’s Social Security income when determining how much a person may pay in restitution.
Julie Brill, one of the four current commissioners of the Federal Trade Commission, will speak on “The FTC and Its Commitment to Consumer Privacy” Wednesday at Indiana University Maurer School of Law.
The Indiana Court of Appeals has ordered the lower court to take another look at the division of a husband’s pension, finding the court used the wrong number in its decision.
The Indiana Court of Appeals has upheld the modification of a custody order giving the father primary custody of his son, finding the trial court didn’t abuse its discretion in deciding that the boy’s physical and mental/academic maturation constituted a substantial change warranting the change in custody.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
Charles L. Eckard v. State of Indiana (NFP)
57A03-1108-CR-382
Criminal. Affirms sentence for Class C felony battery.
Juan Emerson v. State of Indiana (NFP)
49A05-1102-PC-95
Post conviction. Affirms denial of petition for post-conviction relief.
Kelly Scott Thomas v. State of Indiana (NFP)
20A05-1111-PC-651
Post conviction. Affirms denial of motion to withdraw petition for post-conviction relief and denial of that petition.
T.N.S. v. State of Indiana (NFP)
46A03-1105-JV-263
Juvenile. Affirms adjudication as a delinquent for committing what would be sexual battery if committed by an adult.
Mark Wiley v. Midwest Poultry Services, LP (NFP)
93A02-1107-EX-593
Agency appeal. The full board of the Worker’s Compensation Board of Indiana erred in denying Wiley’s claim for the reimbursement of costs associated with his wheelchair because the undisputed evidence reveals his impairment is reduced by having a working motorized wheelchair and the parties’ agreement did not waive this claim. Further, based on a plain reading of the agreement, the board did not err in awarding Wiley reimbursement for the cost of repairing the chair lift added to his pick-up truck. Remands to the full board to enter an amended order consistent with this opinion.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court
Jimmie E. Jones, Jr. v. State of Indiana
29S02-1108-CR-511
Criminal. Adopts Court of Appeals opinion in full, which affirmed the refusal by the trial court to give Jones’ tendered instructions on reckless homicide and involuntary manslaughter as lesser-included offenses to the murder charge. The evidence didn’t support a reckless homicide instruction and the charging information for the murder count foreclosed an involuntary manslaughter instruction.
The Indiana Supreme Court has adopted the full opinion of the Indiana Court of Appeals, which upheld the decision by a trial court not to give a defendant’s tendered instructions on lesser-included offenses of murder.