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The 7th Circuit Court of Appeals has determined the Warrick County Sheriff’s Department didn’t break the law when it fired a probationary deputy sheriff based on violations of standard operating procedures, failure to follow orders and insufficient commitment to the job.
The Indianapolis attorney who violently attacked and attempted to kill a state representative has been permanently disbarred by the Indiana Supreme Court.
The Indiana chapters of the National Black Law Students Association will gather at Indianapolis law firm Krieg DeVault on Jan. 20 for the inaugural Black Law Students Association mixer.
The Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Rel. of J.H. & Ja.H.; and M.H. v. The Indiana Dept. of Child Services (NFP)
48A05-1105-JT-225
Juvenile. Affirms trial court’s judgment terminating a mother’s parental rights to her two children.
In Re: The Commitment of A.M. v. Community North Hospital / Gallahue Mental Health Services (NFP)
49A02-1109-MH-887
Mental Health. Affirms that sufficient evidence was presented to support an involuntary commitment and finds the appeal is moot because the commitment expired Dec. 21, 2011.
7th Circuit Court of Appeals
Kevin Harris v. Warrick County Sheriff’s Department
10-3706
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. Affirms District Court’s entry of summary judgment for the sheriff’s department in a case where a deputy sheriff’s probationary employment was terminated based on violations of standard operating procedures, failure to follow orders and insufficient commitment to the job. Harris’s circumstantial evidence of discrimination falls far short of supporting an inference that he was terminated because of his race.
Indiana Chief Justice Randall T. Shepard gave his final State of the Judiciary on Wednesday, recapping not only the past 12 months, but also highlighting court initiatives and changes that have occurred during the quarter century he spent as chief justice.
Indiana Court of Appeals
Jason Quinn v. Accurate Builders (NFP)
93A02-1108-EX-698
Agency appeal. Affirms decision of the Full Worker’s Compensation Board denying application for adjustment of claim.
Robert Weybright v. Kathy Weybright n/k/a Kathy Scaggs (NFP)
43A03-1105-DR-191
Domestic relation. Affirms determination that Kathy Weybright was not in contempt of a court order, that Robert Weybright maintain health insurance for the parties’ minor daughter, and that Kathy retain sole custody of the daughter. Remands for the court to modify its order so that Robert isn’t required to reimburse Kathy for certain bills.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
United States of America v. Michael Redmond and Charles Avery Jr.
10-1947, 10-3914
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard L. Young.
Criminal. Affirms denial of Avery’s request to withdraw his guilty plea to crack cocaine distribution, the calculation of the crack cocaine quantity attributed to him and his sentence. Remands for the District Court to reconsider Redmond’s sentence following a guilty plea to conspiracy to possess with intent to distribute in excess of 50 grams of cocaine base in light of United States v. Corner.
In a consolidated appeal, the 7th Circuit Court of Appeals upheld one man’s sentence following a guilty plea to drug offenses, but sent the other man’s case back to the District Court to reconsider his sentence in light of United States v. Corner.
Because the state didn’t offer allowable evidence of a man’s previous theft conviction to support a habitual offender enhancement, the Indiana Supreme Court reversed the enhancement.
The Indiana Supreme Court has vacated transfer to a case involving a proposed medical malpractice claim, finding that the trial court order at issue is not a final appealable judgment.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Shandaleigha M. Tharp v. State of Indiana (NFP)
48A05-1105-CR-292
Criminal. Vacates Tharp’s aggregate 27-year sentence following a guilty plea for various offenses, including forgery, burglary, and theft and imposes an aggregate sentence of 19.5 years, with 14.5 executed and five years suspended.
Diyon Evans v. State of Indiana (NFP)
49A04-1104-CR-227
Criminal. Affirms convictions of Class B felony rape and Class B felony criminal deviate conduct.
Arnold W. Cook v. Consolidated Roofing, Inc. (NFP)
34A02-1104-CC-339
Civil collection. Affirms judgment substantially in favor of Consolidated Roofing on Cook’s complaint for injunctive and declaratory relief and damages.
Vincent Barrett and Sarah Barrett v. City of Logansport, Indiana; Michael Nicoll, in his capacity as Sexton of Mount Hope Cemetery; and James McDonald (NFP)
09A02-1103-PL-252
Civil plenary. Affirms judgment in favor of Logansport, Nicoll and McDonald on the Barretts’ claims for negligence, breach of contract, fraud and injunctive relief.
R.W. v. Indiana Department of Child Services (NFP)
71A03-1107-JT-309
Juvenile. Affirms involuntary termination of parental rights.
Indiana Court of Appeals
Daniel E. Serban v. State of Indiana
02A03-1106-CR-285
Criminal. Declines to revise Serban’s 11-year sentence following guilty plea to Class C felony corrupt business influence and Class D felony theft. Serban failed to demonstrate his sentence is inappropriate, and his stealing from his clients injured not only them, but also the legal profession.
The Indiana Court of Appeals found the state presented sufficient substantive evidence to establish that a man killed his sister’s boyfriend while staying in her apartment.
The Indiana Court of Appeals affirmed the trial court judgment in favor of the owners of a RV campground regarding an access easement.
The Indiana Court of Appeals affirmed summary judgment for the former Clark County surveyor in his request that he should have been involved in a project involving Lancassange Creek. But the judges reversed summary judgment for the surveyor regarding whether he should have been involved in a project in a subdivision.
A Marion Superior trial court erred in granting the Indiana Board of Pharmacy’s motion to quash a defendant’s subpoena that the board produce a certified copy of “any and all” of his prescription records so he could use the information as defense for the charges of possession of a controlled substance, the Indiana Court of Appeals ruled.
The Indiana Court of Appeals has affirmed that a contractor and insurance company owe the city of New Castle more than $900,000 in damages and attorney fees for breaching a construction contract.
The Roanoke attorney who stole more than $200,000 from his clients will not have his sentence reduced, the Indiana Court of Appeals decided Wednesday.
The Indiana Department of Child Services has won one of four Casey Family Programs “Excellence in Leadership” awards for 2011. The award is given to those involved in child welfare who work to improve the lives of children and families.