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The doctrine of “pendent appellate jurisdiction” allows the city of Anderson to ask the District Court to stay proceedings in a case alleging city employees were fired because of political affiliation, ruled the 7th Circuit Court of Appeals. The case against the city is directly tied to the result of the case against the city’s mayor.
A federal judge ruled Tuesday that Indiana must recognize same-sex marriages performed in other states, but says the ruling doesn’t take effect until the 7th U.S. Circuit Court of Appeals rules on the issue.
An Indiana law that would require Planned Parenthood to stop performing drug-induced abortions at a Lafayette clinic or make significant upgrades to the facility wouldn't block women's access to the procedure, attorneys for the state contend.
Indiana Court of Appeals
Eric T. Shamblin v. State of Indiana (NFP)
79A02-1311-CR-994
Criminal. Affirms conviction of Class A felony attempted child molesting and finding Shamblin is a sexually violent predator.
Sean D. Monroe v. State of Indiana (NFP)
39A01-1401-CR-28
Criminal. Affirms Monroe’s eight-year sentence following a guilty plea to Class C felony operating a motor vehicle with a controlled substance listed in Schedule I or II in his blood and Class D felony reckless homicide. Remands for the trial court to correct a clerical error in the abstract of judgment.
In the Matter of the Parent Child Relationship of: M.G. (Minor Child), and S.B. (Father) v. Marion County Department of Child Services (NFP)
49A02-1312-JT-1028
Juvenile. Affirms termination of parental rights.
Indiana Court of Appeals
In the Matter of the Adoption of M.H., W.M. & S.K. v. N.B. & R.B.
82A01-1310-AD-449
Adoption. Affirms order denying W.M. and S.K.’s petition for adoption of M.H. and granting the petition of adoption filed by R.B. and N.B. The appellants did not overcome the presumption that the judge acted impartially when he ruled in favor of N.B. and R.B. The judge received an email from a former fraternity brother in favor of the adoptive family, but he refused to recuse himself in the case because he said he would not consider the person’s argument, stopped reading the email quickly, and had not recently socialized or interacted with the fraternity brother. Finds evidence supports adoption by N.B. and R.B. in the best interests of the child.
Indiana Tech Law School has created the endowed Sara Vaughn Gabbard Scholarship which will award two law students a scholarship for participating in and winning an annual Abraham Lincoln writing competition organized by the school.
The Indiana Court of Appeals affirmed the petition to adopt a child by a couple who have already adopted her half-siblings. Although the couple temporarily dropped their petition to adopt, the judges agreed it is in the child’s best interests to be raised with her siblings.
The 7th Circuit Court of Appeals affirmed three defendants’ convictions stemming from a cocaine distribution ring in Indianapolis but found that there were errors in sentencing the defendants.
The District Court committed a legal error when it withdrew a defendant’s guilty plea on his behalf instead of allowing the defendant the choice to stand by the plea or withdraw it, ruled the 7th Circuit Court of Appeals.
Randall T. Shepard, former Indiana chief justice, will receive the Advancing American Democracy Award from the Benjamin Harrison Presidential Site next month.
The Indiana Court of Appeals Tuesday decided that under Indiana Trial Rule 34(C)(3), refusing to comply with a discovery request solely because the parties can’t agree on an appropriate amount to pay does not constitute reasonable resistance to a discovery request.
A federal prosecutor with 25 years of experience has been appointed the interim head of the criminal division for the Southern District of Indiana.
The NCAA's best argument against the Ed O'Bannon ruling may be the financial limits imposed by U.S. District Judge Claudia Wilken — the same ones the NCAA lauded in her decision.
Indiana Court of Appeals
Efren Mendoza-Vargas v. State of Indiana (NFP)
20A03-1311-CR-430
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class D felony maintaining a common nuisance and Class D felony possession of marijuana.
In the Matter of the Termination of the Parent-Child Relationship of: J.E., Minor Child, JY.E., Father v. Indiana Department of Child Services (NFP)
82A01-1401-JT-20
Juvenile. Affirms involuntary termination of father’s parental rights.
In the Matter of the Termination of the Parent-Child Relationship of: C.C. III (Minor Child) and C.C. II (Father) v. Indiana Department of Child Services (NFP)
82A01-1401-JT-39
Juvenile. Affirms order terminating father’s parental rights.
Anthony D. Dunn v. State of Indiana (NFP)
34A02-1402-CR-99
Criminal. Affirms order revoking community corrections placement and committing Dunn to the Department of Correction for the remainder of his sentence. Remands for correction of mathematical error in the calculation of credit time.
Prince Santiago v. State of Indiana (NFP)
49A05-1312-CR-619
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
William Hess v. C.A.D., C.N.D., John Doe, Jane Doe (NFP)
20A03-1401-CT-35
Civil tort. Affirms ruling that Hess is liable to C.A.D., C.N.D., and their parents for damages resulting in emotional distress, counseling expenses and lost wages after Hess molested the juveniles.
Craig Sampson v. State of Indiana (NFP)
87A01-1312-CR-534
Criminal. Affirms conviction of Class C felony child molesting.
Jim Edsall v. State of Indiana (NFP)
57A05-1402-PC-51
Post conviction. Affirms in part the denial of Edsall’s petition for post-conviction relief, Finds summary denial was improper on the issue of the validity of his guilty plea. The failure to address this issue requires remand for determination of whether he entered into his guilty plea knowingly and voluntarily.
Indiana Court of Appeals
Linda D. McIntire, and those similarly situated v. Franklin Township Community School Corporation
49A02-1401-PL-2
Civil plenary. Affirms summary judgment in favor of the school corporation on McIntire’s lawsuit challenging certain fees charged to students in high school. The trial court erred in concluding her claim was subject to the notice requirements of the Indiana Tort Claims Act, but affirms because McIntire may not maintain a claim for monetary damages under Article I, Section 8 of the Indiana Constitution.
An attorney at the Marion County Public Defender Agency is headlining one of the 64 shows being performed at this year’s Indy Fringe Festival.
Choosing an intimate but profound setting in the Indiana Supreme Court Law Library to take the oath Monday as the state’s first female chief justice, Loretta Rush said the history in the tomes speak volumes to her.
A Marion County mother who sought damages for having to pay certain fees for her children to attend public school lost her appeal before the Indiana Court of Appeals Monday. The judges agreed with the lower court that the state constitution does not permit her claim for monetary damages.
The Indiana Court of Appeals affirmed a 2013 order by a trial court that tax sale deeds be issued, agreeing that the Marion County auditor complied with the statutes dealing with notices surrounding tax sales.
Harrison Superior Judge Roger D. Davis has informed the Indiana Supreme Court that he is resigning Aug. 23. As a result, Chief Justice Brent Dickson appointed Senior Judge Curtis B. Eskew Jr. as judge pro tempore until a permanent replacement is chosen.