Single sewer lien not enough to bring foreclosure
Despite liens against their respective properties, two homeowners will be able to keep their properties out of the county tax sale.
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Despite liens against their respective properties, two homeowners will be able to keep their properties out of the county tax sale.
After 96 days of whacking a golf ball, Luke Bielawski will hit a final shot into the Atlantic Ocean Saturday.
Former attorney William Conour will remain jailed pending his sentencing in a little more than two months, a federal judge has ruled.
A medical malpractice suit arising from a debilitating head-on automobile crash should not have been disposed of through summary judgment in favor of the doctor, the Indiana Supreme Court ruled Thursday. Justices reversed the order and sent the case back to the trial court.
Indiana Court of Appeals
Centurion Federal Credit Union v. Michael Trible (NFP)
82A01-1210-PL-482
Civil plenary. Affirms trial court award of damages to Trible. Finds the trial court did not err in its holdings or in computing damages and that Trible did not fail to mitigate damages.
Dominique L. White v. State of Indiana (NFP)
02A03-1212-CR-541
Criminal. Affirms sentence of 365 days after White pleaded guilty to operating a vehicle while intoxicated as a Class A misdemeanor.
Dominique L. White v. State of Indiana (NFP)
02A05-1212-CR-651
Criminal. Affirms aggregate sentence of four years after White pleaded guilty to four counts of neglect of a dependent, each as a Class D felony; one count of operating a vehicle while intoxicated, as a Class D felony; and one count of driving while suspended, as a Class A misdemeanor.
Dale R. Davidson v. State of Indiana (NFP)
82A01-1302-CR-56
Criminal. Remands for clarification of the sentence imposed on Davidson. Agrees with the state that it is not possible to ascertain what sentence was imposed upon Davidson for his convictions of residential entry, a Class D felony; and three Class A misdemeanors of battery, invasion of privacy and interference with reporting of a crime.
In the Matter of the Involuntary Term. of the Parent-Child Rel. of J.M., Minor child, and J.M. and Z.W. v. Indiana Dept. of Child Services (NFP)
20A03-1301-JT-19
Juvenile. Affirms the involuntary termination of the parental rights of J.M. (mother) and Z.W. (father).
Carlos Ramos v. State of Indiana (NFP)
49A02-1211-CR-949
Criminal. Affirms conviction of Class C felony sexual misconduct with a minor. Finds the evidence presented was sufficient to establish that Ramos understood his right to a trial by jury but preferred to proceed with a bench trial.
John Jorman, Jr., v. State of Indiana (NFP)
49A04-1203-PC-163
Post conviction. Affirms denial of Jorman’s petition for post-conviction relief.
Daniel Aguilar, III v. State of Indiana (NFP)
64A05-1212-CR-665
Criminal. Affirms conviction of two counts of Class C felony child molesting. However, finds the trial court did not specify in the record the conditions of Aguilar’s probation, remands this case to the trial court so that it can specify in the record the terms of his probation.
Cody Steele v. State of Indiana (NFP)
49A05-1301-CR-14
Criminal. Affirms two-year sentence for escape, as a Class D felony, which was enhanced by one and one-half years due to Steele’s status as a habitual offender.
Shirley Jones v. State of Indiana (NFP)
49A05-1301-CR-4
Criminal. Affirms conviction of battery as a Class A misdemeanor. Concludes that the incredible dubiosity rule is inapplicable and that Jones’s conviction is supported by sufficient evidence.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
Indiana Court of Appeals
Westminster Presbyterian Church of Muncie, an Indiana Non-Profit Corporation v. Yonghong Cheng and Hongjun Niu, Husband and Wife, as parents of Matthew Cheng, deceased
18A02-1210-CT-791
Civil tort. Affirms summary judgment in favor of Westminster in regard to an intentional infliction of emotional distress claim. Reverses denial of summary judgment on wrongful death and invasion-of-privacy claims and remands with instructions to grant summary judgment in favor of Westminster. Finds although the church recommended the babysitter, in whose care Matthew Cheng died, it did not owe a duty to the Cheng family as a matter of law. Also, rules the church’s publicizing the death did not invade on the Chengs’ privacy because the church did not reap any commercial value from doing so.
A months-long court feud over a retail building at the southwest corner of 49th Street and College Avenue in Indianapolis has become even more heated now that the owner has sought bankruptcy in an attempt to delay foreclosure on the structure.
A federal judge Wednesday dismissed a patent dispute case against Cook Medical Inc. of Bloomington, but a Texas corporation continues to press its claim that the device maker infringed its patents on blood vessel stents and grafts.
A church that issued a press release and held a press conference following the sudden death of a baby boy was found to not have interfered with the parents’ reasonable expectation of solitude and seclusion.
An agreement meant to keep a popular amusement park in the family has sparked a bitter dispute that has reached the Indiana Court of Appeals.
Indiana Court of Appeals
Indiana-American Water Company, Inc. v. Indiana Office of Utility Consumer Counselor, City of Crown Point, Indiana (NFP)
93A02-1301-EX-17
Agency action. Affirms the Indiana Utility Regulatory Commission’s denial of a request to include the costs of an accelerated automated meter-reading replacement program in its distribution system improvement charge.
Marcus L. Wilson v. State of Indiana (NFP)
20A03-1212-CR-557
Criminal. Affirms conviction of Class D felony domestic battery.
In the Matter of the Guardianship of: M.A.M.J., a minor; Diana Sullivan v. Katherine Ashley Oliver (NFP)
29A02-1208-GU-664
Guardianship. Affirms trial court order appointing K.O. as permanent guardian of M.J.’s person and estate.
Lamar Allen Colley v. State of Indiana (NFP)
71A05-1302-CR-89
Criminal. Affirms convictions of Class A misdemeanor battery and interference with reporting a crime.
Travis Cunningham v. State of Indiana (NFP)
09A02-1302-CR-209
Criminal. Affirms conviction of Class A misdemeanor battery and contempt of court.
Cody Hoffman v. State of Indiana (NFP)
78A05-1212-CR-655
Criminal. Affirms sentence on convictions on two counts of Class C felony burglary.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Tuesday. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Tuesday.
Indiana Court of Appeals
Robert E. Redington v. State of Indiana
53A01-1210-CR-461
Criminal/firearm seizure. Affirms a trial court order approving the seizure of firearms from a person determined to be dangerous under I.C. 35-47-14-1. The majority concluded that evidence of probative value exists from which the court could have determined by clear and convincing evidence that Redington was dangerous as defined by Ind. Code § 35-47-14-1(a)(2)(B), and accordingly it was within its discretion to order the Bloomington Police Department to retain Redington’s firearms pursuant to Ind. Code § 35-47-14-6(b). Dissenting Judge Patricia Riley would reverse the trial court, holding that Redington was not properly found dangerous under the statute.
A man who behaved erratically, told far-fetched stories of seeing missing Indiana University student Lauren Spierer, and scoped out the place she was last seen alarmed Bloomington police enough that authorities took from him and his Indianapolis home 51 guns and ammunition.
A couple who sued an aluminum manufacturer and claimed their exposure to toxic chemicals led to the husband’s rare form of liver cancer lost their appeal Tuesday.
Former Indiana Chief Justice Randall T. Shepard’s task force looking at the future of legal education financing sees a “deeply flawed” system, according to a working paper presented at this week’s annual meeting of the American Bar Association in San Francisco.
Attorneys’ concerns over personal security have prompted the Indiana Clerk of Courts to offer an opt-out feature when updating attorney registrations on its registration portal.
A Fulton County man who filed a writ of habeas corpus claiming he was falsely imprisoned won a reversal of a clarified sentencing order Tuesday, with one Court of Appeals judge saying he should be freed entirely.
Indiana Court of Appeals
In Re the Guardianship of C.S. and A.S.: E.R. v. M.S. and D.S. (NFP)
79A02-1210-GU-863
Civil/guardianship. Reverses and remands a modification of visitation granting more time for paternal grandparents to visit their grandchildren, C.S. and A.S. The panel held the that trial court abused its discretion in failing to restrict the paternal grandparents’ visitation as had been requested by the children’s adoptive father, E.R., who also is their maternal grandfather.
Todd M. Westbrook v. Review Board of the Indiana Department of Workforce Development and Youth Opportunity Center, Inc. (NFP)
93A02-1209-EX-759
Civil/agency action. Affirms dismissal of an appeal of unemployment benefits to the Department of Workforce Development Unemployment Review Board.
Zachariah Galyan v. State of Indiana (NFP)
55A01-1303-CR-140
Criminal. Affirms three-year sentence on a conviction of Class D felony intimidation.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Brad Kroft v. State of Indiana
49A04-1211-CR-593
Criminal. Reverses and remands on interlocutory appeal denial of a motion to suppress, holding that a state trooper who stopped a motorist because a working tail lamp had a dime-sized hole that emitted white light did not have reasonable suspicion to initiate a traffic stop that resulted in two charges: Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of 0.15 or more, and Class C misdemeanor operating a vehicle while intoxicated.
AT&T’s Indiana operating company faces a discrimination lawsuit from the Indiana Department of Labor for suspending three workers, allegedly because they reported work-related injuries.