Court affirms custody modification after mom’s move
A Vincennes father lost his appeal of a modification of custody order that granted sole physical custody to his child’s mother after she moved 180 miles away to start a new family with her fiancé.
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Three-way opinion affirms marijuana conviction
Three Court of Appeals judges each wrote opinions but affirmed a Grant County man’s conviction of Class D felony possession of marijuana.
Judgment for IRS reversed, remanded
A trial court was not the proper forum to grant summary judgment in favor of the Internal Revenue Service in a dispute over a land contract that had been an issue in a prior bankruptcy case, the Indiana Court of Appeals ruled Monday.
District Court properly handles expert testimony by non-expert witnesses
Although neither witness called to testify in a criminal trial was an expert, the 7th Circuit Court of Appeals ruled the District Court did not err by barring the testimony of the defense witness while allowing the statements of the government witness.
COA affirms denial of additional unemployment benefits
A woman whose unemployment benefits stopped after 26 weeks was not improperly denied an extension because she continued to work a part-time job of about four to eight hours a week, the Indiana Court of Appeals ruled.
Contempt affirmed for man suspected of drunken driving
A man who authorities said refused to comply with a court-ordered blood draw for suspicion of drunken driving was rightfully found in contempt of court, the Indiana Court of Appeals ruled Monday.
Official misconduct statute focus of Hardy appeal
Whether Indiana’s official misconduct statute is unconstitutionally vague was the question before an appeals court panel Monday that heard the state argue that criminal charges should be reinstated against the fired head of the Indiana Utility Regulatory Commission.
Rose-Hulman to honor Muncie native serving on federal bench
Federal Judge Robert L. Wilkins will receive an honorary doctorate of engineering degree during the 136th commencement ceremonies on May 31 at Rose-Hulman.
Opinions March 28, 2014 ILD
Indiana Court of Appeals
Joshua L. Wynn v. State of Indiana (NFP)
58A05-1303-CR-115
Criminal. Affirms denial of motion for modification of sentence or change of placement.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions March 28, 2014
Indiana Court of Appeals
In Re Paternity of D.T. (Minor Child) Diamond T. Parks (Mother) v. Deante Rashon Tate (Father)
48A05-1309-JP-486
Juvenile. Reverses award of custody to father, who resided in Indiana, from mother, who lived in Mississippi. The trial court lacked subject matter jurisdiction. The trial court adjudicated the custody request of father as part of the Uniform Interstate Family Support Act cause of action, even though the UIFSA specifies that the court lacks jurisdiction to make such a determination absent a stipulation between the parties.
COA tackles 2 issues of first impression
The Indiana Court of Appeals addressed two new issues in a child solicitation and prostitution case regarding authenticating emails and text messages and whether the defendant’s actions actually constituted a crime.
Judges split over ruling in failed adoption case
A majority on the Indiana Court of Appeals Friday reversed summary judgment in favor of the facilitator of an adoption on a negligence claim brought by the adoptive parents after the baby’s biological father sought and was awarded custody.
COA voids custody order in favor of father
The Indiana Court of Appeals has reversed the grant of custody in favor of an Indiana father because the trial court lacked subject matter jurisdiction under the Uniform Interstate Family Support Act to make a custody determination.
Judges to hear misconduct case against former IURC chairman Monday
A panel of the Indiana Court of Appeals Monday will hear arguments on whether four misconduct charges should have been dismissed against former Indiana Utility Regulatory Commission chairman David Lott Hardy.
Opinions March 27, 2014 ILD
Indiana Court of Appeals
Bobby Wine v. State of Indiana (NFP)
85A05-1307-CR-382
Criminal. Affirms conviction of Class B felony dealing in a Schedule I, II or III controlled substance.
In the Matter of the Adoption of L.T.: J.M. and S.M. v. C.T. (NFP)
49A05-1310-AD-493
Adoption. Affirms order by Marion Superior Court, Probate Division, terminating the guardianship of L.T. by his maternal grandparents on grounds that Hamilton Superior Court 1 lacked subject-matter jurisdiction over L.T.’s guardianship. Remands for further proceedings, including that the parties immediately place L.T. in her father’s custody.
Ty C. Wilkerson v. State of Indiana (NFP)
79A02-1307-CR-609
Criminal. Affirms conviction and eight-year sentence for Class C felony battery resulting in serious bodily injury.
Mardel Hill v. State of Indiana (NFP)
02A03-1309-CR-377
Criminal. Affirms grant of state’s motion to join charges under two separate cause numbers for trial.
Austin M. Scholl v. State of Indiana (NFP)
29A02-1309-CR-801
Criminal. Affirms convictions of Class B felony criminal deviate conduct and Class D felony sexual battery.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions March 27, 2014
Indiana Supreme Court
Christopher Smith v. State of Indiana
18S02-1304-CR-297
Criminal. Affirms conviction and sentence for Class B misdemeanor failure to report a student’s rape allegation to DCS or local law enforcement based on the statute that requires a school to report instances of child abuse. The reporting requirement is not unconstitutionally vague and there is sufficient evidence to sustain Smith’s conviction. Justices Rucker and Chief Justice Dickson dissent in a separate opinion.
Judges dismiss man’s appeal of protection order extension
The Indiana Court of Appeals dismissed a Porter County man’s appeal of a judge’s decision to reset a hearing on a temporary protection order for six months after the victim had an anxiety attack while testifying. The judges held Douglas Allison had to seek a discretionary interlocutory appeal in the matter.
Justices reverse denial of car dealership’s motion to set aside default judgment
Because a car dealership and its registered agent did not receive notice of a hearing on default judgment, the judgment entered against it was void for want of jurisdiction, the Indiana Supreme Court ruled.
Divided court upholds principal’s conviction of failure to report child abuse
A split Indiana Supreme Court Thursday upheld a misdemeanor failure to report child abuse conviction against former Muncie Central High School principal Christopher Smith. The dissent believed the state failed to show he had reason to believe an alleged rape was child abuse.
Pence signs criminal code update, mental health witness bills into law
Gov. Mike Pence this week has signed numerous bills into law, including the legislation that reconciles conflicts between HEA 1006-2013, which reformed the state’s criminal code, and other bills touching on criminal law.