Barnes & Thornburg stakes claim in Texas
Barnes & Thornburg LLP has announced the opening of an office in Dallas, the 13th office for the Indiana-based law firm.
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Same-sex marriage plaintiffs say fight against discrimination will continue
Standing in the rotunda of the Indiana Statehouse, Jim Obergefell, named plaintiff in the marriage equality case currently before the Supreme Court of the United States, said a victory in the country’s highest court will not end the battle against discrimination.
Opinions June 5, 2015 ILD
Indiana Court of Appeals
Harold W. Reynolds v. State of Indiana (mem. dec.)
73A01-1407-CR-314
Criminal. Affirms conviction of Class C felony burglary.
Tommy Rans v. State of Indiana (mem. dec.)
71A03-1412-CR-446
Criminal. Affirms conviction of Class B felony burglary.
Opinions June 5, 2015
Indiana Court of Appeals
Bertram A. Graves, M.D. v. Indiana University Health, f/k/a Clarian Health Partners, Inc., Richard Kovacs, M.D., and Edward Ross, M.D.
49A05-1412-PL-560
Civil plenary. Affirms summary judgment for IU Health defendants in a breach-of-contract and intentional infliction of emotional distress lawsuit brought by a cardiologist whose privileges were revoked. The trial court did not err in granting summary judgment and the court did not abuse its discretion in denying Graves’ motion to compel and in striking parts of his affidavit.
Lake County judge to lead ILS board
Lake Superior Judge Calvin Hawkins has been selected to be the next president of the board of directors of Indiana Legal Services.
Federal courts improve services for jurors
More potential jurors called to serve on federal trials were saved a trip to the courthouse in 2014.
Cardiologist who lost privileges loses appeal
An Indianapolis cardiologist who lost his hospital privileges lost an appeal of his lawsuit against Indiana University Health and affiliated doctors Friday.
New York lawsuit targets local test-preparation company
New York's attorney general has filed a lawsuit against an Indianapolis-based seller of online nursing studies, alleging it deceptively induced up to 2,000 New Yorkers to sign up in hopes of obtaining an associate's degree in nursing.
Indiana county OKs ‘recall’ for failure to appear warrants
A northwest Indiana county is giving thousands of people facing outstanding warrants for failing to appear in court a chance to surrender on their own terms.
Judge dismisses 54 potential jurors in house explosion trial
Jury selection in the trial of an Indianapolis man charged in a deadly 2012 house explosion got off to a rocky start Thursday when a judge dismissed the first 54 potential jurors following a defense attorney's revelation that the suspect is also accused of trying to hire a hit man to kill a witness.
COA upholds termination of mother’s parental rights
The Indiana Court of Appeals found no abuse of discretion by a trial court when it denied a mother’s request to continue her termination of parental rights hearing for several months, when she expected to be released from incarceration. The mother was unable to prove that she would definitely be out of jail at that time.
Opinions June 4, 2015 ILD
Indiana Court of Appeals
Jeffrey T. Gorham v. Dana E. Downing f/k/a Dana E. Gorham (mem. dec.)
29A02-1411-DR-803
Domestic relation. Affirms denial of husband’s motion to correct error.
Brandon George, Dustin George and 2911 Investments, LLC v. Pekin Life Insurance Company (mem. dec.)
38A02-1410-PL-751
Civil plenary. Reverses summary judgment for Pekin Life Insurance on the beneficiaries’ claim of breach of contract. Affirms summary judgment for the company on the beneficiaries’ bad faith claim and request for punitive damages.
Kraig Martin v. State of Indiana (mem. dec.)
49A04-1409-CR-434
Criminal. Affirms revocation of probation and placement in community corrections. Reverses imposition of $100 public defender fee against Martin but affirms remaining $560 in fees. Judge Riley concurs in part and dissents in part with the opinion.
Control Building Services, Inc. v. Simon Services, Inc., d/b/a Simon Business Network (mem. dec.)
49A04-1412-PL-547
Civil plenary. Reverses $10,407.80 fine assessed by the trial court to Control Building Services after finding it in contempt.
Renald Williams, Sr. v. State of Indiana (mem. dec.)
02A04-1409-CR-412
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony possession of chemical reagents or precursors with intent to manufacture and aggregate 19-year sentence.
In Re: The Adoption of: M.W.M and K.R.M. (Minor Children) M.M. v. W.S. (mem. dec.)
43A03-1501-AD-16
Adoption. Affirms dismissal of M.M.’s motion for relief from judgment.
Ricardo B. Fuller v. State of Indiana (mem. dec.)
79A02-1411-CR-818
Criminal. Affirms dismissal of Fuller’s motion seeking modification of his 65-year sentence for Class A felony burglary, Class B felony criminal confinement, Class C felonies battery and stalking, and Class A misdemeanors domestic battery and invasion of privacy.
Court erred in concluding vested title severed by tax sales
The Indiana Court of Appeals ordered judgment entered in favor of two families on their claim for adverse possession over a disputed tract of land in Pulaski County. The judges found the trial court erred when it found two tax sales involving the disputed property divested the adverse holders of their title to the real property.
Opinions June 4, 2015
Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Relationship of, M.W., (Minor Child) and, J.W., (Mother) v. The Ind. Dept. of Child Services
82A01-1410-JT-456
Juvenile. Affirms termination of parental rights. The trial court did not abuse its discretion in denying the mother’s motion for a continuance of the termination of the parental rights hearing.
Man’s Indiana conviction for stealing car barred by Kentucky conviction
A man who stole a car in Vanderburgh County, fled into Kentucky and then was arrested and charged with similar crimes of auto theft and fleeing police in both states had his Indiana auto theft conviction reversed by the Court of Appeals Thursday.
US House chops legal aid budget
Budget cuts to legal aid funding approved June 3 by the U.S. House of Representatives could mean layoffs and office closures nationwide.
Panel splits over interpretation of corrupt business influence statute
The majority on a Court of Appeals panel tossed out a man’s corrupt business influence conviction after finding his criminal activity did not pose a threat of future criminal conduct. But the dissenting judge noted the majority was inserting a new element into the Indiana statute that does not exist.
Judge to allow recordings from Indy blast at trial
The judge hearing the trial of a man charged in an Indianapolis house explosion says he'll allow prosecutors to present an audio recording of the screams of a man who initially survived the blast before dying.
Developer proposes revised plan for Indy criminal justice center
The partnership that wants to develop a criminal justice center in Indianapolis has proposed a slightly scaled-down version in hopes of resurrecting the project.
Whitestown likely to appeal Zionsville case to Supreme Court
A ruling from the Indiana Court of Appeals allowing Zionsville to merge with Perry Township is likely to be challenged before the state Supreme Court.