Committee taking another look at emancipation law
The Child Custody and Support Advisory Committee meets Tuesday to discuss the law passed during the 2012 legislative session that reduced the age of emancipation to 19 for child support purposes.
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The Child Custody and Support Advisory Committee meets Tuesday to discuss the law passed during the 2012 legislative session that reduced the age of emancipation to 19 for child support purposes.
The Indiana Court of Appeals found that Scott F. West is entitled to discharge under Indiana Criminal Rule 4(C) because he was held to answer on marijuana charges for more than a year without a trial date while his motion to suppress awaited a ruling.
One of the two women prosecutors say filed false claims in order to receive money from funds set up for victims of the stage collapse at the Indiana State Fair in 2011 received a four-year sentence Friday.
7th Circuit Court of Appeals posted no opinions by IL deadline.
Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Indiana Court of Appeals
Robert Owen Luetke v. State of Indiana (NFP)
03A01-1202-CR-46
Criminal. Affirms convictions of Class C felony burglary and Class D felony theft.
Paul Sparks v. State of Indiana (NFP)
70A01-1204-CR-140
Criminal. Affirms sentence following guilty plea to Class C felony operating a motor vehicle while privileges are forfeited for life.
Matthew Thies v. State of Indiana (NFP)
15A01-1111-CR-553
Criminal. Affirms convictions of three counts of Class A felony child molesting and two counts of Class C felony child molesting.
Victor J. DiMaggio, III v. Elias Rosario and Mark Nebel (NFP)
64A04-1204-PL-169
Civil plenary. Affirms dismissal of DiMaggio’s amended complaint against Nebel.
Nathan Haas v. State of Indiana (NFP)
15A01-1203-CR-109
Criminal. Affirms revocation of probation and reinstatement of previously suspended sentence.
Paul Plummer v. State of Indiana (NFP)
49A05-1203-CR-106
Criminal. Reverses conviction of Class A misdemeanor invasion of privacy.
Nathan W. Golden v. State of Indiana (NFP)
05A02-1204-CR-345
Criminal. Affirms sentence for Class D felony theft.
Robert G. Bollman, Jr. v. State of Indiana (NFP)
20A03-1202-CR-100
Criminal. Affirms sentence following guilty plea to Class C felony escape.
Marvin Smith v. City of Richmond and City of Richmond Public Works (NFP)
89A01-1202-CT-45
Civil tort. Affirms grant of summary judgment in favor of the city of Richmond with respect to Smith’s tort claim.
Joy M. Graf v. Craig W. Graf (NFP)
64A03-1206-DR-265
Domestic relation. Reverses denial of Joy Graf’s motion to suspend the driver’s license of Craig Graf due to failure to pay child support. Remands for further proceedings.
State of Indiana v. Jamie Ray Scheckles (NFP)
10A01-1202-CR-71
Criminal. Reverses grant of Scheckles’ motion to enter work release and orders Scheckles return to the Department of Correction.
Michael Sopher v. State of Indiana (NFP)
70A01-1203-CR-133
Criminal. Affirms sentence following guilty plea to Class C felony child molesting.
Kevin D. Webster v. State of Indiana (NFP)
49A02-1201-PC-86
Post conviction. Affirms denial of petition for post-conviction relief.
Michael S. Scroggins v. State of Indiana (NFP)
39A01-1203-CR-91
Criminal. Affirms sentence following guilty plea to two counts of Class C felony reckless homicide and one count of Class C felony criminal recklessness.
Curtis Bacon, Jr. v. State of Indiana (NFP)
79A02-1112-CR-1163
Criminal. Affirms convictions and sentence for Class B felony aggravated battery; and Class C felonies criminal recklessness committed while armed with a deadly weapon, and carrying a handgun without a license; and the sentencing enhancement of unlawful use of a firearm.
Indiana Court of Appeals
Steven Duncan v. State of Indiana
82A01-1201-CR-22
Criminal. Affirms in part and reverses in part six convictions of Class A misdemeanor cruelty to an animal. Duncan did not knowingly waive his right to a jury trial because the court did not fully advise him of his rights and obligations. Finds the animal cruelty statute is not vague as applied to him and there was sufficient evidence to overcome a defense of necessity. Remands for a jury trial.
A Washington Circuit judge did not abuse his discretion in revoking a man’s probation in multiple cases and ordering that he serve all of his previously suspended sentences, the Indiana Court of Appeals ruled.
An Evansville man convicted of six counts of misdemeanor animal cruelty due to the condition of horses on his property did not knowingly waive his right to a jury trial and, therefore, is entitled to a jury trial, the Indiana Court of Appeals concluded.
State Sen. Brent Steele, R-Bedford, and Rep. Eric Koch, R-Bedford, will receive the Indiana Pro Bono Commission’s Randall T. Shepard Award for excellence in pro bono publico, the Indiana Bar Foundation announced Thursday.
Ex-attorney William Conour and his defense lawyers officially parted ways on Thursday. A federal judge afterward granted Conour’s request that he receive $15,000 from a $100,000 trust fund set up for compensating client victims he is accused of defrauding.
The pilot project announced this summer by the Indiana Supreme Court that includes using video transcripts in three trial courts as the official court record will run through Dec. 31, 2013.
A federal judge in Indianapolis has dismissed a whistleblower lawsuit filed by a former Rolls-Royce Corp. engineer who accused the company of selling faulty aircraft engine parts to the government.
7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Indiana Court of Appeals
John Jorman, Jr. v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)
93A02-1203-EX-263
Agency action. Affirms suspension of unemployment benefits.
David Shane v. State of Indiana (NFP)
68A01-1202-PC-74
Post conviction. Affirms denial of petition for post-conviction relief.
Donny Lee Sturgill v. State of Indiana (NFP)
52A02-1202-CR-162
Criminal. Affirms sentence for Class D felony escape.
Indiana Court of Appeals
John Jorman, Jr. v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)
93A02-1203-EX-263
Agency action. Affirms suspension of unemployment benefits.
Tim Durham and the two other men convicted of running a Ponzi scheme and taking money from investors in Ohio-based Fair Finance Co. will be sentenced Nov. 30.
Indiana Chief Justice Brent Dickson has signed an order amending Admission and Discipline Rule 23, Section 26 on the disciplinary commission and proceedings.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Steven J. Hirst v. State of Indiana (NFP)
05A05-1204-CR-215
Criminal. Affirms sentence imposed following guilty plea to Class D felony possession of a controlled substance.
Randy G. Cobb v. State of Indiana (NFP)
20A04-1203-PC-117
Post conviction. Affirms denial of petition for post-conviction relief.
Leaders Staffing LLC v. Review Board of the Indiana Dept. of Workforce Development and Jason P. Ballard (NFP)
93A02-1202-EX-149
Agency action. Reverses decision that Leaders Staffing did not meet its burden of proving that Ballard was discharged for just cause.
Jason Tye Myers v. State of Indiana (NFP)
79A02-1202-CR-123
Criminal. Dismisses appeal for lack of jurisdiction.
Jessie M. Spears v. Review Board of the Indiana Dept. of Workforce Development and Meijer Stores Limited Partnership (NFP)
93A02-1106-EX-519
Agency action. Affirms denial of claim for unemployment benefits.
Daniel Nolan v. State of Indiana (NFP)
17A03-1205-CR-215
Criminal. Affirms sentence imposed following guilty plea to Class C felony incest.
Kevin A. Nasser v. State of Indiana (NFP)
84A05-1202-CR-82
Criminal. Affirms convictions of Class D felony battery by body waste, Class A misdemeanor battery, and Class B misdemeanors battery, disorderly conduct and public intoxication.
Brandon King v. State of Indiana (NFP)
48A02-1202-CR-90
Criminal. Affirms denial of King’s request at his sentencing hearing to withdraw his guilty pleas to five felonies under three cause numbers.
Joshua Banks v. State of Indiana (NFP)
49A04-1203-CR-120
Criminal. Affirms conviction of Class A misdemeanor patronizing a prostitute.
Gregory D. Webster v. State of Indiana (NFP)
71A05-1203-CR-109
Criminal. Affirms convictions of Class A misdemeanor possession of marijuana and Class B felony possession of cocaine.
Baron D. McClung v. State of Indiana (NFP)
71A03-1202-CR-80
Criminal. Affirms conviction of Class D felony domestic battery.
7th Circuit Court of Appeals
Sandra M. Bontrager, on her own behalf and on behalf of a class of those similarly situated v. Indiana Family and Social Services Administration, Michael A. Gargano and Patricia Casanova
11-3710
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Affirms grant of Bontrager’s request for a preliminary injunction in her putative class-action complaint challenging Indiana’s $1,000 annual limit for dental services covered by Medicaid. The state is required to cover all medically necessary dental services, irrespective of the monetary cap.
U.S. Judge Sarah Evans Barker has asked the Indiana Supreme Court to answer a certified question that arose in a pay dispute between a Fort Wayne electrician and Indianapolis-based Gaylor Inc.
The 7th Circuit Court of Appeals has left in place the preliminary injunction granted by Chief Judge Philip Simon last year that prevents the state from capping dental work for Medicaid recipients at $1,000 a year.
There is enough evidence to support two of the three convictions of an East Chicago man stemming from his making and selling various counterfeit documents, but photocopies in his possession cannot support his conviction of unlawful possession of five or more false identification documents.