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Indiana Court of Appeals
James Fernbach v. State of Indiana
69A01-1103-CR-151
Criminal. Affirms 60-year sentence for two counts of Class A felony attempted murder, holding that the jury’s rejection of Fernbach’s insanity defense was not erroneous.
Indiana Supreme Court Chief Justice Randall T. Shepard signed an order Oct. 7 stating that rather than advance the Mortgage Foreclosure Best Practices to the rulemaking stage, the court will oversee the guidelines, updating them as needed.
An attorney and former Democratic candidate for Gibson County prosecutor indicted on charges including possession of child pornography and false informing, entered into a plea agreement Tuesday that wouldn’t have required he register as a sex offender. After further review, the trial judge realized Indiana law requires him to do so.
The United States Bankruptcy Court, Southern District of Indiana, issued an order Oct. 5 amending local bankruptcy rules.
The Indiana Court of Appeals upheld the dismissal of remonstrators’ challenge to annexation of land by the city of Evansville, finding the issue to be moot because the annexation has already been completed.
A county sheriff’s department that doesn’t own, maintain or control a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway, the Indiana Supreme Court ruled Thursday.
The Indiana Supreme Court Division of State Court Administration has created an electronic system fee to allow people the ability to pay online for a traffic ticket in courts that use Odyssey.
Thanks to a partnership between Marengo Cave and the Indiana Department of Child Services, foster parents and their foster, biological and stepchildren will be able to get in to Marengo Cave’s guided walking tours for free.
7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.
Indiana Court of Appeals
Catherine A. Littleton v. State of Indiana
49A04-1101-CR-25
Criminal. Reverses denial of Littleton’s motion to dismiss charges of Class C felony criminal confinement, Class D felony neglect of a dependent, and Class B misdemeanor battery. Remands for dismissal of the charges. Littleton’s conduct comes within the scope of her statutory qualified immunity as a teacher managing a classroom, and the trial court abused its discretion in denying her motion to dismiss.
Andrew Kesling v. Dorothy Kesling, Adam Kesling and Emily Kesling
46A03-1103-DR-77
Domestic relation. Reverses judgment approving an arbitrator’s award that required Andrew Kesling to make a shareholder distribution from funds of a closely held corporation as requested by siblings Emily and Adam Kesling after they intervened in the dissolution of Andrew’s marriage to Dorothy Kesling. Andrew was entitled to request a jury and could not be compelled to submit to arbitration under the auspice of the Family Law Arbitration Act. The arbitrator exceeded the scope of her authority.
Anthony J. Sims v. State of Indiana (NFP)
84A01-1102-CR-80
Criminal. Affirms sentence for Class B felony rape and remands with instructions to vacate the conviction of and sentence for Class C felony incest.
Adam L. Shull v. Mari E. Shull (NFP)
43A03-1103-DR-104
Domestic relation. Affirms distribution of marital property.
In Re the Paternity of R.T.; A.G., et al. v. C.T. (NFP)
34A04-1012-JP-792
Juvenile. Affirms order granting father C.T.’s petition to relocate R.T. to Kentucky and denying mother A.G.’s motion to modify custody.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court
Putnam County Sheriff v. Pamela Price
60S01-1012-CV-665
Civil. Reverses trial court’s denial of the Putnam County Sheriff’s motion to dismiss Price’s negligence action for failure to state a claim. A county sheriff’s department that neither owns, maintains or controls a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway. Justices David and Dickson concur in result.
A trial court should not have admitted a probable cause affidavit that contained multiple layers of hearsay at a probation revocation hearing, the Indiana Court of Appeals concluded Wednesday.
The Indiana Supreme Court has appointed Steven M. Badger of Indianapolis to the Indiana Commission for Continuing Legal Education, effective Jan. 1, 2012.
The Indiana Supreme Court has accepted three certified questions stemming from a case in the Southern District of Indiana.
7th Circuit Court of Appeals had posted no opinions at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
P.J. v. State of Indiana
49A05-1102-JV-121
Juvenile. Affirms restitution order following adjudication, after a guilty plea, as a delinquent child for committing what would be Class B felony burglary if committed by an adult. P.J. waived his right to have the juvenile court inquire into his ability to pay, as he has acknowledged such ability in his plea agreement.
State of Indiana v. Gordon V. Vankirk
29A02-1012-CR-1418
Criminal. Affirms trial court finding Vankirk not guilty of operating a motor vehicle while privileges are forfeited for life as a Class C felony. Entering a judgment of conviction for a Class A misdemeanor pursuant to Indiana Code 35-38-1-1.5 for an offense under I.C. 9-30-10-16 removes the lifetime forfeiture of a defendant’s driving privileges.
Howard Steele v. State of Indiana (NFP)
49A02-1102-CR-157
Criminal. Reverses post-conviction court’s summary denial of petition for education credit time for a high school diploma earned from an unaccredited school. Remands for a hearing.
Jyshawn D. Moore v. State of Indiana (NFP)
71A03-1102-CR-115
Criminal. Affirms sentence following guilty plea to three counts of Class B felony burglary.
Myia Relphorde v. State of Indiana (NFP)
49A04-1103-CR-91
Criminal. Affirms conviction of Class C felony conspiracy to commit robbery.
Raymond Cox, Jr. v. State of Indiana (NFP)
73A04-1101-CR-116
Criminal. Affirms sentence following guilty plea to possession of marijuana as a Class D felony.
Christopher West v. Eileen Mary Flaherty (NFP)
49A04-1012-CC-747
Civil collection. Affirms denial of West’s motion to declare a California judgment void and to vacate an agreed judgment.
In Re: The Unsupervised Administration of the Estate of Ozella T. Schlosser, deceased (NFP)
30A01-1106-EU-226
Estate, unsupervised. Dismisses William Schlosser’s appeal of the denial of his petition to reopen the estate of his mother.
Daniel J. Hollen v. State of Indiana (NFP)
42A01-1105-MI-206
Miscellaneous. Affirms denial of motion to correct error.
Frederick Hampton v. State of Indiana (NFP)
49A02-1103-CR-258
Criminal. Affirms imposition of a $100 public defender fee.
Delbert R. Majors v. State of Indiana (NFP)
82A01-1012-CR-660
Criminal. Affirms sentence for Class B felony causing death when operating a motor vehicle with a schedule II controlled substance in the blood.
In Re: The Marriage of Dorothy Borgan v. Terry R. Borgan, Sr. (NFP)
49A04-1012-DR-785
Domestic relation. Reverses order as it pertains to modification of the wife’s portion of the husband’s monthly retirement payment and instructs the trial court, if necessary, to have a new qualified domestic relations order entered which reflects this decision. Affirms denial of wife’s contempt and attorney fees petition.
Term. of Parent-Child of T.S.; A.R. v. Indiana Dept. of Child Services (NFP)
71A03-1104-JT-210
Juvenile. Affirms involuntary termination of parental rights.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
P.J. v. State of Indiana
49A05-1102-JV-121
Juvenile. Affirms restitution order following adjudication, after a guilty plea, as a delinquent child for committing what would be Class B felony burglary if committed by an adult. P.J. waived his right to have the juvenile court inquire into his ability to pay, as he has acknowledged such ability in his plea agreement.
7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Brian Parker v. State of Indiana (NFP)
25A04-1104-CR-191
Criminal. Affirms sentence following guilty plea to Class A felony sexual misconduct with a minor.
In the Matter of the Unsupervised Estate of Luther Penick; Keith Penick v. Shawn Penick (NFP)
78A01-1103-EU-163
Estate, unsupervised. Affirms order granting Shawn Penick’s claim against the estate in the amount of $25,000.
Todd A. Bebout v. State of Indiana (NFP)
02A05-1104-PC-157
Post conviction. Affirms Bebout’s sentence following guilty plea to Class B felony operating a vehicle with a controlled substance or its metabolite in blood causing death, Class D felony operating a vehicle while intoxicated causing serious bodily injury, and being a habitual substance offender.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Saba Tesfamariam v. Moghes Woldehaimanot
49A02-1009-DR-1050
Domestic relation. Affirms decree of dissolution of marriage, which awarded father Moghes Woldehaimanot full custody of the minor children. The trial court abused its discretion by failing to establish that mother Saba Tesfamariam’s interpreter was qualified and by failing to administer an oath to the interpreter to provide an accurate translation. The failure to establish the qualifications or to administer an oath is not a fundamental error, and the trial court’s errors in the instant case were not fundamental.
A trial court must take the same steps in a civil action as it does in a criminal action regarding the use of an interpreter in order to address due process concerns, the Indiana Court of Appeals held for the first time Tuesday.
An attorney who made significant contributions in pro bono service will receive a posthumous honor on Oct. 21.
A panel of Indiana Court of Appeals judges will travel to northern Indiana Thursday to hear the appeal of a man convicted of attempted murder.