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Articles
DNA proposal highlights worries over privacy
Indiana Sen. Tim Lanane and his colleagues in the Indiana Statehouse are once again wrestling with when to collect genetic material from individuals in the criminal justice system.
Dimos takes key ABA post, vows to stay connected locally
James Dimos’ new leadership gig with the American Bar Association eventually will take him away from his adopted Indianapolis home of more than 30 years but, in a way, he’ll be returning home.
District Court too heavy-handed in judgment, 7th Circuit rules
A $2.7 million judgment in a messy dispute between a supplier and a now defunct furniture manufacturer has been overturned by the 7th Circuit Court of Appeals, which called the award “too heavy a sanction.”
Opinions Aug. 24, 2015 ILD
In the Matter of the Term. of the Parent-Child Relationship of T.K., Mother, J.W.R., Father, and K.R., J.R., and N.K., Children: T.K. and J.W.R. v. Ind. Dept. of Child Services (mem. dec.)
82A04-1501-JT-29
Juvenile. Affirms termination of parental rights.
James Johnson v. State of Indiana (mem. dec.)
49A02-1412-CR-83
Criminal. Affirms trial court determination that Johnson had committed a crime of domestic violence when he was convicted of Class C felony battery resulting in serious bodily injury.
Dennis Gifford and Mary Gifford v. Jeffrey Wicks and James Ector (mem. dec.)
49A05-1409-PL-427
Civil plenary. Reverses grant of summary judgment in favor of Wicks and Ector and remands for proceedings.
Thomas Missler and Allison Missler v. State Farm Insurance Company and Indiana Restoration & Cleaning Services, Inc.
29A05-1501-PL-30
Civil plenary. Affirms in part, reverses in part and remands a grant for summary judgment in favor of State Farm defendants. Remands for proceedings to determine whether the contract between the Misslers and Indiana Restoration & Cleaning Services was enforceable.
Patrick D. Keith v. State of Indiana (mem. dec.)
73A05-1412-CR-575
Criminal. Affirms aggregate sentence of 17 and a half years executed for convictions of Class B felony possession of methamphetamine, Class D felony possession of meth and possession of a controlled substance, and Class A misdemeanor possession of paraphernalia and for being a habitual substance offender.
Robert A. Olson v. State of Indiana (mem. dec.)
03A01-1504-CR-155
Criminal. Affirms revocation of probation.
Hans Gunther Oberth v. State of Indiana (mem. dec.)
59A01-1409-CR-422
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.
Kirsten L. Nolan v. Matthew A. Huff (mem. dec.)
49A01-1412-DR-565
Domestic. Reverses trial court order modifying custody. Remands for findings regarding whether modification was in the children’s best interests.
Eugene Hill v. State of Indiana (mem. dec.)
49A04-1502-CR-43
Criminal. Affirms conviction of Level 6 felony residential entry.
Donnis K. Wilkerson v. State of Indiana (mem. dec.)
48A05-1410-CR-481
Criminal. Affirms conviction of Class B felony unlawful possession of a firearm by a serious violent felon.
Opinions Aug. 24, 2015
7th Circuit Court of Appeals
JMB Manufacturing Inc., d/b/a/ Summit Forest Products Co. v. Child Craft, LLC, et al
14-3306
Harrison Manufacturing, LLC, f/k/a Child Craft, LLC v. Ron Bienias
14-3315
Civil tort. Reverses judgment on Child Craft’s negligent misrepresentation counterclaim against Bienias and Summit. Directs the District Court to enter final judgment in favor of Bienias and Summit on that counterclaim. Affirms dismissal of Child Craft’s breach of contract against Summit and Summit’s claims against Child Craft.
Blackford judges ban clerk from courthouse
Judges in Blackford County last week issued an order barring the elected clerk from her courthouse offices or even on the sidewalks surrounding the courthouse in Hartford City, claiming she behaved inappropriately and disobeyed and sabotaged court commands.
Plans outline charter schools at juvenile detention centers
An Indianapolis organization has proposed creating a charter school at juvenile detention centers statewide.
COA splits over railroad benefits in divorce case
A trial court erred in ordering a man’s future railroad retirement benefits subject to a division of marital assets in a divorce case, a divided panel of the Indiana Court of Appeals ruled Monday.
Indiana team that raided Fogle’s home used mobile laboratory
When they arrived at Jared Fogle’s home last month, law enforcement officials were armed with more than a search warrant.
Maternity leave not excusable neglect for bank, but remand ordered
Huntington Bank failed to convince the Indiana Supreme Court that an overlooked notice in a mortgage foreclosure case was excusable neglect because the person who normally handled such notices was on maternity leave.
Opinions Aug. 21, 2015 ILD
Percy Lee Blake v. State of Indiana (mem. dec.)
45A05-1412-CR-563
Criminal. Affirms order of restitution.
Matthew Flowers v. State of Indiana (mem. dec.)
79A05-1501-CR-20
Criminal. Affirms convictions of burglary, residential entry and theft.
Floyd Kinslow v. Dennis Coddington, Travis Sheets and Gina Sheets (mem. dec.)
12A02-1502-CT-106
Civil tort. Affirms grant of summary judgment in favor of Travis and Gina Sheets and denial of Kinslow’s motion for partial summary judgment.
Antwon Davis v. State of Indiana (mem. dec.)
02A04-1501-CR-6
Criminal. Affirms revocation of probation.
James Pollard v. Michael Pence, as Governor of the State of Indiana, Bruce Lemmon, as the Comm. of the Ind. Dept. of Corr., and the Ind. Parole Board (mem. dec.)
49A02-1411-MI-805
Miscellaneous. Affirms denial of a petition for writ of mandamus.
Opinions Aug. 21, 2015
Indiana Supreme Court
In Re the Involuntary Term. of the Parent-Child Relationship of K.E., a Minor Child, and His Father, J.E., and His Mother, S.S. v. Ind. Dept. of Child Services
82S04-1508-JT-491
Juvenile. Reverses termination of parental rights of J.E. to his son, K.E. Finds although J.E. is currently incarcerated, he has taken steps to improve himself, address his drug addiction and bond with his child. Concludes the evidence is not sufficient to support the reasonable probability that the conditions that led to K.E.’s removal are unlikely to be remedied or that J.E. poses a threat to the child.
Supreme Court reverses termination of father’s parental rights
A man serving a 10-year sentence for dealing in methamphetamine, neglect of a dependent and maintaining a common nuisance is being given the opportunity to show he has changed.
Tax court reaffirms ruling against Grant County assessor
The Indiana Tax Court on Friday reaffirmed its ruling that a company received insufficient notice of a retroactive assessment of its property in Grant County.
Law school deans excited about Class of 2018
At the University of Notre Dame Law School, Dean Nell Jessup Newton bet on the “summer melt” but ended up losing to Assistant Dean for Academic and Student Affairs Kevin O’Rear.
Law barring convicted sex offenders from schools challenged
An Indiana man is challenging a new state law that bars certain convicted sex offenders from entering schools, arguing it can impair the right to vote.
Study: Child sexual assault ‘far too common’ in Indiana
A report by the Global Health Communication Center at Indiana University-Purdue University Indianapolis states that adolescent sexual assault is “far too common” in the state.
Florida woman says she secretly recorded Fogle
A Florida woman says former Subway pitchman Jared Fogle of Zionsville told her years ago about his interest in having sex with minors and that she went to authorities who told her to record the conversations.
Authorities arrest Pulaski County deputy coroner
Authorities in Pulaski County have arrested and charged a chief deputy coroner on preliminary charges of theft and official misconduct.