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Opinions Sept. 23, 2015

September 23, 2015

Indiana Court of Appeals
In the Matter of Term. of the Parent-Child Relationship of: B.H. and S.H., and B.H. and M.B. v. The Ind. Dept. of Child Services
91A02-1504-JT-213
Juvenile. Affirms termination of parental rights. The trial court did not abuse its discretion by denying mother’s last-minute motions to continue termination hearings. There is no reason to conclude mother did not receive a fair hearing. The juvenile court did not err by finding that the termination of the relationship with mother and father is in the best interests of the children. The fact of father’s incarceration is not the sole evidence supporting termination.

New advocacy group aims to prevent sexual assaults

September 23, 2015

A new sexual assault prevention group has been formed roughly one year after a similar victims’ advocacy effort was found financially insolvent and disbanded.

Father wrongly ordered to pay cost of private university

September 23, 2015

A trial court wrongly ordered a father to pay college costs for his daughter based on the cost of a private university, the Indiana Court of Appeals ruled Wednesday.

Evidence of new crimes sufficient to revoke probation

September 23, 2015

A defendant’s admission that he was trespassing and a witness’s testimony that the defendant planned to steal tin from a Greene County resident’s property was sufficient to revoke the man’s probation, the Indiana Court of Appeals ruled Tuesday.

Justices weigh state fair stage collapse case

September 23, 2015

The Indiana Supreme Court is weighing arguments to decide if the state is liable for some of the damages faced by a rigging company in the 2011 state fair stage collapse that killed seven people.

Former Indiana mayor contends judge fell asleep during trial

September 23, 2015

Attorneys for a former northwestern Indiana mayor and his wife convicted of wire fraud and other charges for improperly using funds from his campaign and a city food pantry are asking for a new trial because they say a federal judge fell asleep during their trial.

COA affirms termination of parental rights

September 23, 2015

A mother and father of 8- and 9-year old children failed to convince the Indiana Court of Appeals that their parental rights were improperly terminated.

Duke rate hike from Edwardsport plant remanded

September 23, 2015

The Indiana Utility Regulatory Commission must weigh for the third time rate increases for Duke Energy consumers connected to delays in opening the Edwardsport coal gasification plant in Knox County.

Grant applications for mortgage settlement exceeding amount available

September 23, 2015

Seven organizations have submitted applications to the Indiana Bar Foundation requesting just over $1 million in grants to help repair the damage from the housing crisis.

Justices make appointments to CLE commission

September 22, 2015

Elkhart Circuit Judge Terry Shewmaker has been appointed to the Indiana Commission for Continuing Legal Education, the Indiana Supreme Court announced in an order issued Monday.

Opinions. Sept. 22, 2015 ILD

September 22, 2015

Indiana Court of Appeals
Joaquin Starks v. State of Indiana (mem. dec.)
82A05-1501-PC-44
Post conviction. Affirms denial of petition for post-conviction relief.

Steven Cole v. State of Indiana (mem. dec.)
27A02-1501-CR-24
Criminal. Affirms aggregate sentence of six years executed for pleading guilty to battery, as a Class A misdemeanor and two counts of invasion of privacy, each as a Class D felony.

P.J.K. v. L.M.K. (mem. dec.)
29A04-1412-DR-595 http://www.in.gov/judiciary/opinions/pdf/09221501ehf.pdf
Domestic relation. Affirms modification of custody and awarding of primary physical custody to mother.

Don Campbell v. Anonymous Hospital A, Anonymous Hospital B, and Anonymous Physical Therapist (mem. dec.)
71A03-1410-CT-355
Civil tort. Affirms dismissal of medical malpractice complaint for failure to prosecute.

Nick Gandin v. Elina Lefand (mem. dec.)
02A05-1412-DR-569
Domestic relation. Affirms trial court order denying father’s petition for modification of custody and motion for injunctive relief. Denies mother’s request for appellate attorney fees. Judge Elaine Brown dissents, arguing the form and content of the father’s appellate brief do warrant an award of attorney fees.

Aaron G. Bradley, Jr. v. State of Indiana (mem. dec.)
20A03-1502-CR-71
Criminal. Affirms 16-year sentence after conviction for unlawful possession of a firearm by a serious violent felon, a Class B felony.

Dequincy Clay v. State of Indiana (mem. dec.)
48A02-1502-CR-116
Criminal. Affirms the revocation of Clay’s probation and order that he serve 910 days of his previously suspended sentence.

Wrecks, Inc. v. Amy D. Martin (formerly Amy D. Maurer), and Lawrence A. Maurer (mem. dec.)
29A05-1505-DR-295
Domestic relation. Affirms denial of Wrecks’ motion to transfer a post-dissolution garnishment proceeding to a county of preferred venue pursuant to Trial Rule 75.

Opinions Sept. 22, 2015

September 22, 2015

Indiana Court of Appeals
Kile Richard Stockert v. State of Indiana
Criminal. Affirms Department of Correction designation that Stockert is a sexually violent predator and offender against children. Based on the record and Ind. Code § 35-38-1-7.5(b) and § 11-8-8-19(b), the trial court did not err in denying Stockert’s petition for declaratory judgment.

IndyBar: Bar Leader Series Class Kicks Off at Ice Breaker, Retreat

September 22, 2015

The class kicked off the 13th iteration of the series, which runs from September 2015 to May 2016, at a recent ice breaker reception with alumni on September 3 and a leadership and skills-developing retreat Sept. 10 and 11.

Dissenting judge: Majority ‘needlessly prolongs’ divorce case

September 22, 2015

A divorce case remanded to the trial court for proceedings needlessly prolonged the litigation, a dissenting Court of Appeals judge wrote Tuesday.

Roommate’s liability in early exit from lease rightly decided

September 22, 2015

A woman who appealed a small claims court order against her former live-in boyfriend failed to convince the Indiana Court of Appeals that he owed her more money for moving out before their apartment lease was up.

Man loses appeal over predator designation

September 22, 2015

A trial court properly denied a man’s motion for a declaratory judgment seeking to overturn a Department of Correction designation that he is a sexually violent predator and offender against children.

COA reverses priority status for junior creditor in foreclosure

September 22, 2015

A bank that extended a $25,000 home equity line of credit to owners of a Newburgh property that subsequently was foreclosed was not entitled to a court ruling that gave its claim priority status.

COA tosses 40-year sentence and $400,000-plus restitution

September 22, 2015

A financial broker who bilked clients out of $8.9 million in an investment scam had his state sentence and order to pay restitution overturned by the Indiana Court of Appeals.

IndyBar: Civility. Courtesy. Respect. Professionalism.

September 22, 2015

We set out to find examples of lawyers who model the way while providing excellent representation.

IndyBar: Statement Regarding 7th Circuit Judicial System Decision

September 22, 2015

The Indianapolis Bar Association (“IndyBar”) is reviewing the decision of the 7th Circuit Court of Appeals holding the Marion County judicial selection system unconstitutional.

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