The Full Worker’s Compensation Board of Indiana was correct in ordering a business to pay for an employee’s third surgery that resulted from an accident partially caused by a previous work-related injury.
The Indiana Court of Appeals has reinstated the direct appeal of a LaPorte County man convicted of felony robbery and attempted robbery in 2004, finding that he should not receive a new trial for receiving ineffective assistance of appellate counsel the first time he tried to challenge his convictions and sentence.
The Indiana Supreme Court has held the state can continue enforcing a ban on automated robo-calls, with four justices finding that enforcement does not violate the Indiana Constitution’s free speech rights.
The Indiana Court of Appeals has reversed a probate court’s conclusion that a deceased woman’s son lacks standing to contest a settlement agreement.
A woman who filed a belated wrongful death suit as personal representative for her son’s estate is bound by the two-year statute of limitations, regardless of the fact that her grandchild has a disability.
The Indiana Court of Appeals has affirmed a conviction of Class A felony neglect, holding the appellant was unable to prove that he should have been charged with a lesser offense.
The Indiana Court of Appeals has ordered a trial court to use the proper legal standard to determine whether a woman violated her probation when she was arrested for theft. The trial court used a probable cause standard instead of the legal standard of a preponderance of evidence.
A Marion County judge violated a defendant’s right to due process when it allowed the charge of resisting law enforcement to go to trial even though the defendant showed purposeful discrimination by the prosecution during voir dire, the Indiana Court of Appeals ruled Wednesday.
Indiana Court of Appeals
Adrian Collins v. State of Indiana (NFP)
49A02-1106-CR-523
Criminal. Affirms conviction of Class C felony battery.
Terrence Terren Walker v. State of Indiana (NFP)
79A04-1104-CR-266
Criminal. Affirms Class A felony dealing cocaine conviction and habitual offender finding and remands with instructions to merge Walker’s Class A felony cocaine possession conviction into his cocaine dealing conviction.
Douglas L. Hayden v. State of Indiana (NFP)
09A02-1105-PC-481
Post conviction. Affirms denial of petition for post-conviction relief.
Sheila Taylor v. State of Indiana (NFP)
15A01-1106-CR-238
Criminal. Affirms denial of motion to dismiss charges of theft and fraud on a financial institution.
Kevin Backus v. State of Indiana (NFP)
79A04-1105-CR-276
Criminal. Affirms sentence imposed upon revoking placement in community corrections.
Todd Brown v. State of Indiana (NFP)
49A02-1106-CR-474
Criminal. Affirms convictions of Class D felonies criminal recklessness and strangulation.
D.E. v. State of Indiana (NFP)
49A04-1106-JV-286
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class D felony receiving stolen property if committed by an adult.
A.T. v. State of Indiana (NFP)
64A03-1010-CR-539
Criminal. Affirms that A.T.’s trial counsel was not ineffective.
Allison Johnson v. State of Indiana (NFP)
49A05-1106-CR-266
Criminal. Affirms conviction of Class A misdemeanor battery.
Term. of Parent-Child Rel. of A.W.; N.W. (Mother) v. Indiana Dept. of Child Services (NFP)
48A02-1105-JT-416
Juvenile. Affirms involuntary termination of parental rights.
Kevin Hounshell v. State of Indiana (NFP)
33A01-1105-CR-208
Criminal. Affirms sentence following guilty plea to operating a vehicle as a habitual traffic violator, operating a vehicle while intoxicated and a habitual substance offender enhancement.
The Term. of the Parent-Child Rel. of: D.H.H. & A.M.H., and Carrie Crawford v. Indiana Dept. of Child Services (NFP)
71A03-1107-JT-322
Juvenile. Affirms involuntary termination of parental rights.
Larry A. Rowe, Jr. v. State of Indiana (NFP)
90A02-1106-CR-518
Criminal. Affirms sentence following guilty plea to Class B felony burglary.
Joshua Baker v. Robert Brown (NFP)
68A05-1103-CT-122
Civil tort. Reverses denial of Baker’s motion to correct error and concluded the jury award to Baker was inadequate. Remands for further proceedings.
John T. Hamilton v. State of Indiana (NFP)
10A05-1103-CR-205
Criminal. Affirms convictions of and sentence for three counts of Class A felony child molesting and three counts of Class C felony child molesting.
Walter Angermeier and Wolflin, LLC v. Schultheis Insurance Agency Inc. and William Thompson, Agent (NFP)
65A01-1102-PL-68
Civil plenary. Affirms summary judgment in favor of Thompson and Schultheis Insurance Agency on whether there was a breach of general duty of care.
John R. Crawford v. State of Indiana (NFP)
62A04-1102-PC-128
Post conviction. Affirms denial of petition for post-conviction relief.
The Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
United States of America v. George Pabey
11-2046
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Affirms Pabey’s convictions of conspiring to embezzle government funds and embezzling government funds and sentence of 60 months in prison, along with a $60,000 fine, $14,000 in restitution, and three years of supervised release. The District Court did not abuse its discretion by permitting the jury to receive the conscious avoidance instruction. The sentence enhancements were appropriate and the District Court provided adequate support for its upward departure of his sentence.
The Indiana Supreme Court has taken a counterfeiting case and a case involving credit time that presents an issue of first impression, according to its latest transfer order.
The 7th Circuit Court of Appeals has affirmed ex-East Chicago Mayor George Pabey’s convictions of embezzling government funds and conspiring to embezzle and found the District Court didn’t err when it sentenced him to 60 months in prison.
The Indiana Tax Court ruled that a government agency incorrectly calculated a Marion County school district’s capital project fund levy property tax rate for 2011, and it has ordered the Department of Local Government Finance to recalculate the tax rates going back to 2007.
Sixteen Indiana counties will share $160,000 in grant money from the Indiana Supreme Court to support their local family court projects.
Indiana Court of Appeals
Clayton C. Franchville v. Dyanne R. Franchville (NFP)
49A04-1011-DR-777
Domestic relations. Affirms division of assets in dissolution decree.
Ronnie Major v. State of Indiana (NFP)
45A03-1105-CR-220
Criminal. Affirms conviction of Class C felony battery.
David D. Sanders v. State of Indiana (NFP)
49A02-1104-CR-376
Criminal. Affirms conviction of Class D felony theft and adjudication as a habitual offender.
Khristopher D. Harvey v. State of Indiana (NFP)
02A03-1101-CR-35
Criminal. Affirms conviction of felony murder.
H & J Legacy Family Limited Partnership v. R.L.S. Developments, LLC, et al. (NFP)
57A03-1105-PL-185
Civil plenary. Affirms trial court conclusion that H & J had properly pleaded a fraudulent transfer claim only as to the mortgage on the 620 Westgate property and that the mortgage was not a fraudulent transfer. Affirms findings regarding RLS’s ownership of real estate assets.
Mark A. Conley v. State of Indiana (NFP)
08A04-1104-CR-204
Criminal. Affirms conviction of Class D felony escape.
Anthony Morris v. State of Indiana (NFP)
29A02-1011-CR-1182
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle with an alcohol concentration equivalent of at least 0.08 grams of alcohol.
David Leroy Hale v. State of Indiana (NFP)
79A02-1106-PC-617
Post conviction. Affirms denial of petition for post-conviction relief.
Christopher W. Hovis v. State of Indiana (NFP)
92A03-1011-CR-613
Criminal. Affirms sentence for Class C felony assisting a criminal.
The Indiana Supreme Court and Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
ATA Airlines Inc. v. Federal Express Corp.
11-1382, 11-1492
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young
Civil. Reverses $66 million jury award in favor of ATA against FedEx for breach of contract. ATA’s breach of contract claim should never have been permitted to go to trial because the letter agreement between the two parties was not an enforceable contract. In addition, ATA’s expert’s testimony on regression analysis never should have been allowed to be put before a jury.
FedEx Corp. has won an appeal that overturns a $66 million verdict in favor of defunct Indianapolis airline ATA Airlines Inc.
Two women face charges – including forgery and theft – for filing false claims with the Indiana State Fair Remembrance Fund and the Indiana Tort Claim Fund, the Marion County Prosecutor’s Office announced Tuesday.
Indiana Attorney General Greg Zoeller will appeal on behalf of the Indiana Recount Commission the decision by a judge that found Secretary of State Charlie White ineligible to run for office.
Marion Circuit Judge Lou Rosenberg ruled Wednesday that Indiana Secretary of State Charlie White was ineligible to be a candidate for the state office in the November 2010 election because he allegedly committed voter fraud. Now, an appeal is being planned and many believe the case is on a fast-track to the state’s highest court.