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In a case filled with several errors and discrepancies, the Indiana Court of Appeals has reversed the termination of parental rights of a mother and two fathers because the Department of Child Services failed to meet the burden of proving that termination is in the best interest of the children.
Elizabeth C. Hurley has been selected as the newest magistrate judge in St. Joseph Circuit Court. She replaces Magistrate Judge David T. Ready, who is retiring from the bench.
Balancing free speech rights with the public interest in preventing automated political calls from out-of-state entities, U.S. Judge William Lawrence in Indianapolis denied the state’s request to continue enforcing Indiana’s auto-dialer statute while a higher court is considering his ruling from two months ago that blocked enforcement.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
Robert E. Posey v. State of Indiana (NFP)
84A01-1103-CR-97
Criminal. Affirms conviction of Class A felony child molesting.
Donald Hurm v. State of Indiana (NFP)
82A01-1101-CR-21
Criminal. Affirms convictions of two counts of Class A felony child molesting and one count of Class C felony child molesting and remands with instructions to revise Hurm’s sentence. Judge Kirsch dissents in part.
The Huntington National Bank v. George P. Broadbent (NFP)
49A05-1012-CC-759
Civil collection. Reverses denial of Huntington’s motion for summary judgment and remands with instructions to enter summary judgment in favor of the bank and conduct a hearing to determine reasonable attorney fees.
Clifton J. Savage v. State of Indiana (NFP)
49A05-1104-CR-196
Criminal. Vacates Class D felony theft conviction and remands to the trial court to enter judgment accordingly. Affirms convictions of Class B felony burglary, Class C felony battery and Class A misdemeanor battery.
Nicholas Ryan v. State of Indiana (NFP)
49A02-1103-CR-230
Criminal. Reverses five convictions of Class B felony criminal confinement, but affirms five other convictions of Class B felony criminal confinement and eight Class B felony robbery convictions. Affirms sentence and remands to the trial court to amend its sentencing order and abstract of judgment.
M. Dale Palmer v. Kay Palmer (NFP)
32A01-1103-DR-108
Domestic relation. Affirms trial court’s property division in dissolution proceedings.
Edna Kelly v. Johnny Conway, d/b/a Conway Service (NFP)
49A02-1008-PL-1029
Civil plenary. Affirms judgment for Conway in suit alleging breach of contract.
Almaz M. Whyte v. Sam Christie (NFP)
45A05-1010-SC-749
Small claim. Affirms judgment in favor of Christie and against Whyte for $5,250 for the balance due on a verbal loan agreement made between the parties.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court
Steven Spangler and Heidi Brown v. Barbara Bechtel, Expectations Women's Health and
Childbearing Center, and St. Vincent Randolph Hospital
49S05-1012-CV-703
Civil. Reverses summary judgment in favor of Bechtel and the health and childbearing center. The parents’ separate actions seeking damages for emotional distress from experiencing the stillbirth of their child are not barred by the Indiana Child Wrongful Death Act or the Indiana Medical Malpractice Act. Remands for further proceedings.
The Indiana Supreme Court held Tuesday that separate actions by parents seeking damages for emotional distress from experiencing the stillbirth of their child are not barred by the Indiana Child Wrongful Death Act or the Indiana Medical Malpractice Act.
The Indiana Court of Appeals concluded that the right of first refusal set forth in a purchase agreement of land between neighbors could only be exercised between the two neighbors and didn’t apply to the sale of land by an estate.
On rehearing, the Indiana Court of Appeals addressed the issue of an ex-husband’s ability to pay incapacity maintenance to his spouse, but affirmed its original opinion in all respects.
Nearly two million new cases were filed in Indiana courts in 2010, a 3 percent increase as compared to 2001, according to the annual Indiana Judicial Service Report released Tuesday.
The Indiana University board of trustees appointed Hannah L. Buxbaum as acting dean of the Indiana University Maurer School of Law, effective Feb. 1. Buxbaum will serve as dean while the current dean, Lauren Robel, is interim provost for the school’s Bloomington campus.
The Supreme Court of the United States has accepted several cases, including the high-profile Arizona immigration lawsuit and a bankruptcy case from the 7th Circuit Court of Appeals.
7th Circuit had posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
Douglas Garwood v. State of Indiana (NFP)
35A02-1106-CR-588
Criminal. Affirms conviction of and sentence for Class B felony dealing in methamphetamine and reverses conviction of Class D felony possession of precursors with intent to manufacture methamphetamine.
Term. of Parent-Child Rel. of A.B.; K.S. v. The Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A04-1105-JT-255
Juvenile. Affirms termination of parental rights.
Lorenzo Stewart v. State of Indiana (NFP)
02A03-1104-PC-179
Post conviction. Affirms denial of petition for post-conviction relief.
Natosha Canfield, Individually, and Next Best Friend of D.C., Minor v. Clarian Health Partners, Inc. d/b/a Methodist Hospital (NFP)
49A02-1104-CT-292
Civil tort. Affirms grant of Clarian’s motion to strike and motions for summary judgment and partial summary judgment on Canfield’s suit claiming negligence and negligent infliction of emotional distress.
James Groff v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2011/december/12121106ehf.pdf
90A02-1106-CR-610
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Steven E. Abernathy v. State of Indiana (NFP)
23A01-1104-CR-182
Criminal. Affirms conditions of probation imposed following Abernathy’s guilty plea to Class D felony resisting law enforcement and Class A misdemeanor driving while suspended.
The Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Douglas Garwood v. State of Indiana (NFP)
35A02-1106-CR-588
Criminal. Affirms conviction of and sentence for Class B felony dealing in methamphetamine and reverses conviction of Class D felony possession of precursors with intent to manufacture methamphetamine.
The Indiana Supreme Court has accepted a case that deals with whether a tort claim filed by a son against his father should be precluded by the Indiana Guest Statute. The case prompted each judge on the Indiana Court of Appeals panel that heard the case to author an opinion.
U.S. District Judge Tanya Walton Pratt and Indiana Sen. Luke Kenley will receive honorary doctor of laws degrees from Ball State University at its winter commencement Dec. 17.
The former chairman of the Indiana Utility Regulatory Commission, David Lott Hardy, has been indicted by a Marion County grand jury on felony official misconduct charges, the Marion County Prosecutor’s Office announced Monday.
On the heels of the announcement that Chief Justice Randall T. Shepard is retiring from the Indiana Supreme Court, Indiana University announced this week that the justice will address graduates at the Bloomington campus’ winter commencement Dec. 17.
7th Circuit Court of Appeals had posted no opinions at IL deadline.
Indiana Court of Appeals
Paul B. Roberson v. State of Indiana (NFP)
48A02-1103-CR-334
Criminal. Affirms convictions of and sentence for six counts of Class A felony child molesting, one count of Class A felony attempted child molesting, four counts of Class C felony child molesting and one count of Class D felony obscene performance.
The Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Scott Pattison v. State of Indiana
85A02-1101-CR-88
Criminal. Affirms conviction of felony murder. The circumstantial evidence is sufficient to establish beyond a reasonable doubt that Pattison killed his wife. Affirms in all other respects.
The Indiana Court of Appeals rejected a man’s argument that even though his appeal was untimely, the court should still address his appeal because of “considerations of justice.”