Split COA reverses trial court in personal injury case
Two Indiana Court of Appeals judges reversed a trial court’s denial of a woman’s motion for prejudgment interest in a case stemming from a car crash.
Home » Search
Search Results
6995 results for 'articles'
To refine your search through our archives use our Advanced Search
Uncommunicative felon fails to persuade COA that trial court erred
The Indiana Court of Appeals has sided with a trial court in determining that testimony about a felon’s silence post-arrest was not inappropriate.
Judges find eviction was allowed
The Indiana Court of Appeals has ruled that M&I Bank was allowed to evict two residents of a home that had been foreclosed because they were leasing and the bank had become owner in a sheriff’s sale.
COA rules police can act reasonably to control investigation scene
Police were justified in handcuffing a woman who they felt was a safety risk inside her home during an investigation, the Indiana Court of Appeals has ruled.
Supreme Court upholds unemployment insurance decision
The Indiana Supreme Court has upheld a Department of Workforce Development decision denying a woman her claim for unemployment insurance benefits after she was terminated for being unable to perform the required skills of her job.
Justices rule on citizen tip in drunk driving case
The Indiana Supreme Court has held that a police officer had reasonable suspicion to make an investigatory stop after receiving from dispatch a concerned citizen’s report of a suspected drunk driver.
Opinions Dec. 29, 2011 ILD
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
D.B. v. State of Indiana (NFP)
49A05-1106-JV-338
Juvenile. Affirms court’s adjudication of D.B. as a delinquent for carrying a handgun without a license, a Class A misdemeanor if committed by an adult.
John W. Sawyer v. State of Indiana (NFP)
48A02-1105-CR-454
Criminal. Vacates conviction of Class A misdemeanor resisting law enforcement, citing double jeopardy principles, but affirms convictions of Class C felony battery, Class D felony strangulation, Class D felony intimidation and Class A misdemeanor cruelty to a law enforcement animal.
Troy Howard v. State of Indiana (NFP)
79A04-1107-CR-375
Criminal. Affirms post-conviction court’s denial of Howard’s request for educational credit time.
Miguel Esqueda v. State of Indiana (NFP)
20A05-1105-CR-263
Criminal. Affirms trial court’s denial of Esqueda’s motion for mistrial.
Fred E. Gordon v. State of Indiana (NFP)
45A05-1106-PC-281
Post conviction. Affirms denial of petition for post-conviction relief.
William Pond v. Paul B. McNellis and Linda Peters Chrzan (NFP)
90A05-1101-PL-14
Civil plenary. Affirms trial court’s determination that Pond was not entitled to further restitution.
Michael Loverde v. Thomas Kuehl (NFP)
64A03-1107-PO-327
Protective order. Reverses protective order granted against Loverde, holding that a civil protection order is not available for non-family members who cannot demonstrate stalking or a sex offense.
In the Matter of the Involuntary Term. of the Parent-Child Rel. of K.N., B.N., R.N., and G.N.; and C.N. v. Indiana Dept. of Child Services, Child Advocates Inc. (NFP)
49A02-1106-JT-530
Juvenile. Affirms termination of mother’s parental rights.
Robert Strickland v. State of Indiana (NFP)
67A01-1106-CR-283
Criminal. Reverses trial court’s judgment that Strickland violated terms of his probation and should serve the remainder of his sentence, holding evidence was not sufficient. Remands to the trial court to reinstate probation.
Johnathon R. Aslinger v. State of Indiana (NFP)
27A02-1105-CR-670
Criminal. Affirms conviction of Class B misdemeanor public intoxication.
Summer Belli-McIntyre v. State of Indiana (NFP)
83A01-1101-CR-5
Criminal. Affirms sentence for Class B felony neglect of a dependent.
Carrie Joan Garrett v. State of Indiana (NFP)
48A04-1106-CR-293
Criminal. Affirms sentence for Class C felony failing to stop after an accident.
Glenn D. Odom, II v. Indiana Dept. of Correction (NFP)
77A05-1103-SC-161
Small claims. Affirms court’s judgment in favor of the Indiana Department of Correction which alleged the DOC discarded Odom’s property.
J.M. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-1106-EX-560
Civil. Affirms Indiana Department of Workforce Development’s determination that J.M. was fired for just cause and is therefore not entitled to unemployment compensation.
Michael W. Krauskopf, Sr. v. State of Indiana (NFP)
02A04-1107-CR-414
Criminal. Affirms conviction of Class D felony possession of a controlled substance.
Thomas J. Tarrance v. State of Indiana (NFP)
60A04-1106-CR-358
Criminal. Reverses sentence for Class B felony robbery, holding that in light of the nature of the offense and Tarrance’s character, the sentence is inappropriate. Remands to the trial court to enter a revised sentence of 14 years, with four suspended to probation.
Maria Espinoza v. Rosa Martinez, Mi Familia Tienda, and Nassirou Gado (NFP)
49A02-1104-CT-373
Civil tort. Affirms trial court’s grant of appellees’ motion to dismiss.
Indiana Tax Court had posted no opinions at IL deadline.
Repeat litigant rebuked by tax court
The Indiana Tax Court has ordered a man to pay the Indiana Department of Revenue attorney fees for pursuing a frivolous claim.
Opinions Dec. 29, 2011
Indiana Supreme Court
State of Indiana v. Economic Freedom Fund, FreeEats.com, Inc., Meridian Pacific, Inc., and John Does 3-10
07S00-1008-MI-411
Miscellaneous. Reverses trial court’s grant of preliminary injunction in favor of FreeEats, holding that the court erred in finding FreeEats had a reasonable likelihood of success on its claim that the live-operator provision of the Indiana Autodialer Law violates Article 1, Section 9 of the Indiana Constitution. Remands for further proceedings. Justice Frank Sullivan dissented, writing that the application of the live-operator requirement in the present case imposes a material burden on political speech in violation of Art. I, Section 9 of the Indiana Constitution, and that the application of this requirement violates the First Amendment to the United States Constitution.
Judges affirm worker’s compensation board ruling
The Full Worker’s Compensation Board of Indiana was correct in ordering a business to pay for an employee’s third surgery that resulted from an accident partially caused by a previous work-related injury.
Court reinstates man’s direct appeal
The Indiana Court of Appeals has reinstated the direct appeal of a LaPorte County man convicted of felony robbery and attempted robbery in 2004, finding that he should not receive a new trial for receiving ineffective assistance of appellate counsel the first time he tried to challenge his convictions and sentence.
Justices uphold Indiana robo-calls ban
The Indiana Supreme Court has held the state can continue enforcing a ban on automated robo-calls, with four justices finding that enforcement does not violate the Indiana Constitution’s free speech rights.
Appeals court sides with snubbed relative in estate case
The Indiana Court of Appeals has reversed a probate court’s conclusion that a deceased woman’s son lacks standing to contest a settlement agreement.
Child’s disability has no bearing on wrongful death suit filed by adult
A woman who filed a belated wrongful death suit as personal representative for her son’s estate is bound by the two-year statute of limitations, regardless of the fact that her grandchild has a disability.
COA affirms trial court in felony neglect case
The Indiana Court of Appeals has affirmed a conviction of Class A felony neglect, holding the appellant was unable to prove that he should have been charged with a lesser offense.
Trial court used wrong legal standard in revoking probation
The Indiana Court of Appeals has ordered a trial court to use the proper legal standard to determine whether a woman violated her probation when she was arrested for theft. The trial court used a probable cause standard instead of the legal standard of a preponderance of evidence.
COA orders new trial in resisting law enforcement case
A Marion County judge violated a defendant’s right to due process when it allowed the charge of resisting law enforcement to go to trial even though the defendant showed purposeful discrimination by the prosecution during voir dire, the Indiana Court of Appeals ruled Wednesday.
Opinions Dec. 28, 2011 ILD
Indiana Court of Appeals
Adrian Collins v. State of Indiana (NFP)
49A02-1106-CR-523
Criminal. Affirms conviction of Class C felony battery.
Terrence Terren Walker v. State of Indiana (NFP)
79A04-1104-CR-266
Criminal. Affirms Class A felony dealing cocaine conviction and habitual offender finding and remands with instructions to merge Walker’s Class A felony cocaine possession conviction into his cocaine dealing conviction.
Douglas L. Hayden v. State of Indiana (NFP)
09A02-1105-PC-481
Post conviction. Affirms denial of petition for post-conviction relief.
Sheila Taylor v. State of Indiana (NFP)
15A01-1106-CR-238
Criminal. Affirms denial of motion to dismiss charges of theft and fraud on a financial institution.
Kevin Backus v. State of Indiana (NFP)
79A04-1105-CR-276
Criminal. Affirms sentence imposed upon revoking placement in community corrections.
Todd Brown v. State of Indiana (NFP)
49A02-1106-CR-474
Criminal. Affirms convictions of Class D felonies criminal recklessness and strangulation.
D.E. v. State of Indiana (NFP)
49A04-1106-JV-286
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class D felony receiving stolen property if committed by an adult.
A.T. v. State of Indiana (NFP)
64A03-1010-CR-539
Criminal. Affirms that A.T.’s trial counsel was not ineffective.
Allison Johnson v. State of Indiana (NFP)
49A05-1106-CR-266
Criminal. Affirms conviction of Class A misdemeanor battery.
Term. of Parent-Child Rel. of A.W.; N.W. (Mother) v. Indiana Dept. of Child Services (NFP)
48A02-1105-JT-416
Juvenile. Affirms involuntary termination of parental rights.
Kevin Hounshell v. State of Indiana (NFP)
33A01-1105-CR-208
Criminal. Affirms sentence following guilty plea to operating a vehicle as a habitual traffic violator, operating a vehicle while intoxicated and a habitual substance offender enhancement.
The Term. of the Parent-Child Rel. of: D.H.H. & A.M.H., and Carrie Crawford v. Indiana Dept. of Child Services (NFP)
71A03-1107-JT-322
Juvenile. Affirms involuntary termination of parental rights.
Larry A. Rowe, Jr. v. State of Indiana (NFP)
90A02-1106-CR-518
Criminal. Affirms sentence following guilty plea to Class B felony burglary.
Joshua Baker v. Robert Brown (NFP)
68A05-1103-CT-122
Civil tort. Reverses denial of Baker’s motion to correct error and concluded the jury award to Baker was inadequate. Remands for further proceedings.
John T. Hamilton v. State of Indiana (NFP)
10A05-1103-CR-205
Criminal. Affirms convictions of and sentence for three counts of Class A felony child molesting and three counts of Class C felony child molesting.
Walter Angermeier and Wolflin, LLC v. Schultheis Insurance Agency Inc. and William Thompson, Agent (NFP)
65A01-1102-PL-68
Civil plenary. Affirms summary judgment in favor of Thompson and Schultheis Insurance Agency on whether there was a breach of general duty of care.
John R. Crawford v. State of Indiana (NFP)
62A04-1102-PC-128
Post conviction. Affirms denial of petition for post-conviction relief.
The Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Opinions Dec. 28, 2011
7th Circuit Court of Appeals
United States of America v. George Pabey
11-2046
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Affirms Pabey’s convictions of conspiring to embezzle government funds and embezzling government funds and sentence of 60 months in prison, along with a $60,000 fine, $14,000 in restitution, and three years of supervised release. The District Court did not abuse its discretion by permitting the jury to receive the conscious avoidance instruction. The sentence enhancements were appropriate and the District Court provided adequate support for its upward departure of his sentence.
High court takes 2 cases
The Indiana Supreme Court has taken a counterfeiting case and a case involving credit time that presents an issue of first impression, according to its latest transfer order.