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A rejection of a claimant’s application for disability is being remanded after the 7th Circuit Court of Appeals found the “abstruse signals” in the denial did not sufficiently explain the reasons for disregarding new evidence.
Problems have been fixed that led to about 2,100 work permits being mistakenly awarded under President Barack Obama's executive immigration action after a federal judge in Texas had put the plan on hold, the Justice Department said in newly filed court documents.
The NCAA was given a respite Friday when the 9th U.S. Circuit Court delayed the implementation of possible payments to athletes for the use of their names, images and likenesses.
Vanderburgh County will officially install its new magistrate with a swearing-in and robing ceremony at 9:30 a.m. Aug. 3 in the Vanderburgh Circuit Court.
The Indiana Court of Appeals rejected the argument that the victim, who was shot multiple times and eventually did die, could not have made a dying declaration because paramedics repeatedly told him he would live.
Indiana on Thursday cleared Planned Parenthood facilities that perform abortions in the state of any wrongdoing in the handling of fetal tissue.
Indiana Court of Appeals
Todd Crane v. State of Indiana (mem. dec.)
15A04-1501-CR-9
Criminal. Affirms aggregate four-and-a-half year sentence for pleading guilty to battery, as a Class D felony; criminal mischief, as a Class D felony; resisting law enforcement, as a Class A misdemeanor; criminal trespass, as a Class A misdemeanor; criminal mischief, as a Class A misdemeanor; and inhaling toxic vapors, as a Class B misdemeanor. Vacates conviction for criminal mischief, finding the conviction violates the prohibition against double jeopardy. Remands with instructions.
Jonathan Diaz v. State of Indiana (mem. dec.)
29A02-1502-CR-112
Criminal. Affirms revocation of Diaz’s probation, ordering him to serve 490 days of the previous 550-day suspended sentence.
Zachary D. Reinders v. State of Indiana (mem. dec.)
02A04-1501-CR-12
Criminal. Affirms 70-year aggregate sentence for murder and Level 2 felony robbery.
Jason L. Caldwell v. State of Indiana (mem. dec.)
28A01-1501-CR-24
Criminal. Affirms 111-year executed sentence for murder and Level 1 felony rape.
Kenneth George Wolfe v. State of Indiana (mem. dec.)
49A02-1504-CR-219
Criminal. Affirms 281-year sentences for Wolfe’s five attempted murder convictions.
Eric L. Davis, Sr. v. State of Indiana (mem. dec.)
71A03-1403-PC-82
Criminal. Affirms denial of petition for post-conviction relief.
Eric Joya v. State of Indiana (mem. dec.)
49A02-1409-CR-606
Criminal. Affirms convictions for Class B felony child molesting and Class C felony child molesting.
In the Matter of the Term. of the Parent-Child Relationship of: O.Q., a Minor Child, L.Q. v. Ind. Dept. of Child Services (mem. dec.)
41A05-1412-JT-587
Juvenile. Affirms the termination of the parental rights of L.Q. (mother) over her child, O.Q.
Kenyon Sanders v. State of Indiana (mem. dec.)
49A05-1412-CR-576
Criminal. Affirms judgment of trial court that the evidence was sufficient to prove beyond a reasonable doubt that Sanders was the person who shot the victim.
Danny Bailey v. State of Indiana (mem. dec.)
82A01-1501-CR-28
Criminal. Affirms denial of post-conviction petition.
Christopher M. Knight v. State of Indiana (mem. dec.)
02A03-1501-CR-29
Criminal. Affirms three-year sentence after guilty plea to Class D felony domestic battery.
Jeremy Thompson v. State of Indiana (mem. dec.)
22A04-1411-CR-534
Criminal. Affirms conviction of dealing in a schedule I controlled substance, a Class A felony.
Indiana Supreme Court
The following opinion was posted after IL deadline Thursday
In Re the Visitation of L-A.D.W., R.W. v. M.D. and W.D.
82S01-1507-DR-452
Domestic. Affirms trial court grant of grandparent visitation, finding visitation in the child’s best interests and that the trial court did not abuse its discretion in setting a schedule it deemed occasional and temporary. Justice Steven David wrote the majority opinion joined by Justices Brent Dickson and Mark Massa. Chief Justice Loretta Rush concurred, but wrote separately to caution that a reliance upon deference to the trial court insufficiently protects a parent’s constitutional right to guide a child’s upbringing, but in this case, the visitation order did not unduly infringe on father’s parental rights. Justice Robert Rucker joined Rush’s concurring opinion.
An Indianapolis trial court abused its discretion by ordering a man convicted in a physical altercation with police to pay more than $27,000 in restitution despite a lack of evidence he caused injuries that resulted in those medical bills.
A company that insured a westside Indianapolis strip club has no coverage duty for a patron who was shot in the face after an altercation outside the club three years ago, a federal judge has ruled.
The Indiana legal profession will celebrate a pair of firsts July 31, as two of its own receive national honors.
The Indiana Supreme Court Thursday reinstated a trial court’s grandparent visitation order that included monthly overnight visits and other visitation that the Court of Appeals ruled was excessive.
Court of Appeals
Jeremy Farris v. State of Indiana (mem. dec.)
67A04-1411-CR-533
Criminal. Affirms post-conviction court’s denial of his motion for partial summary judgment.
Ashley L. Stapert v. State of Indiana (mem. dec.)
18A02-1411-CR-787
Criminal. Affirms convictions for two counts of Class A felony child molesting.
Walker Whatley v. State of Indiana (mem. dec.)
49A02-1411-PC-781
Post conviction. Affirms denial of Whatley’s petition for post-conviction relief.
Ronald Moore v. State of Indiana (mem. dec.)
09A02-1411-CR-792
Criminal. Affirms conviction and 18-year sentence with 10-year enhancement for one count of dealing in a schedule I controlled substance, a Class B felony.
Tammie D. Wasson v. State of Indiana (mem. dec.)
70A04-1504-CR-139
Criminal. Affirms seven-year aggregate sentence for conviction of Class B felony dealing in a controlled substance.
Indiana Supreme Court
Wellpoint, Inc. (F/K/A Anthem, Inc.) and Anthem Insurance Companies, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, AIG Europe (U.K.) Limited, et al
49S05-1404-PL-244
Civil plenary. Grants petition for rehearing to modify the Supreme Court’s previous opinion. Finds its reversal should be clarified to grant summary judgment in favor of Anthem but only on the issues raised in Continental’s motion of summary judgment. Holds Continental did not waive its unasserted defenses.
A man’s conviction of Class C felony child molestation was affirmed Thursday by the Indiana Supreme Court, which held that even though improper vouching testimony was admitted in error, the defendant failed to preserve the issue for appeal.
A man was unable to overcome heavy precedent and convince the Indiana Supreme Court his convictions violated the state prohibition against double jeopardy.
A defendant who pleaded with a judge to try to obtain possibly exculpatory video evidence he said his public defender refused to seek did not, by his conduct, waive his right to counsel, the Indiana Court of Appeals determined Thursday.
Reiterating the relationship between exclusion and consumption exemption, the Indiana Tax Court upheld its earlier ruling exempting Aztec Partners LLC from paying sales tax on the electricity it used.
A Lake County judge was surprised July 29 when he received the Indiana Sagamore of the Wabash award, one of the state’s highest civil honors.
In tweaking an earlier reversal, the Indiana Supreme Court has given the defendant the avenue to raise additional unasserted defenses.