Articles

Opinions May 28, 2015 ILD

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of D.S. (Minor Child), and B.T. (Mother) v. The Indiana Department of Child Services and Court Appointed Special Advocate (mem. dec.)
47A01-1405-JT-230
Juvenile. Affirms termination of parental rights.
 
In the Matter of the Paternity of B.K. and L.K., Kathryn D. McCallaham v. Joy X. Khotxay (mem. dec.)
49A04-1407-JP-345
Juvenile. Affirms order modifying custody to grant sole physical custody to father and ordering parents to share joint legal custody.

S.M. v. Indiana University Health, Bloomington Hospital and Centerstone (mem. dec.)
53A01-1409-MH-417
Mental health. Affirms order involuntarily committing S.M. to a mental health facility.

Carlos Miles v. State of Indiana (mem. dec.)
49A05-1411-CR-514
Criminal. Affirms conviction of Class C felony battery.

Sergio A. Villanueva v. State of Indiana (mem. dec.)
09A04-1408-PC-376
Post conviction. Affirms denial of amended petition for post-conviction relief.

David Pannell v. State of Indiana (mem. dec.)
49A04-1308-PC-415
Post conviction. Affirms denial of petition for post-conviction relief.

Michael Dominique v. State of Indiana (mem. dec.)
34A05-1403-CR-127
Criminal. Affirms denial of motion from relief from judgment following guilty plea to Class D felony receiving stolen property.

Jeffrey Cowart v. State of Indiana (mem. dec.)
49A02-1410-CR-697
Criminal. Affirms conviction of Class C felony intimidation.

Melissa Roberts Gannon v. Jesus A. Gomez-Rocha (mem. dec.)
38A02-1411-JP-822
Juvenile. Affirms finding that mother was in contempt of court.

Phillip Killebrew v. State of Indiana (mem. dec.)
49A02-1409-CR-648
Criminal. Affirms conviction of Class C felony possession of a narcotic drug and remands with instructions to correct the sentencing order.

Anthony Edward Stewart v. State of Indiana (mem. dec.)
45A04-1409-CR-422
Criminal. Affirms order revoking probation.

 

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Opinions May 28, 2015

Indiana Court of Appeals
Terry Huber v. Roger Hamilton
54A01-1404-PL-154
Civil plenary. Affirms trial court ruling that the buyer of land, Terry Huber, breached the land contract when he failed to make the balloon payment when it was originally due. The oral agreement between the parties to modify the written land contract is unenforceable because it was not reduced to writing.

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There’s a new kind of lateral hiring going on

A number of partners are moving to new roles as law firms begin to emulate their corporate clients. C-suite jobs like chief talent officer and chief innovation officer are popping up, filled by partners asked to try something new.

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Parties’ oral modification of land agreement unenforceable

The Indiana Court of Appeals upheld the decision by a trial court finding an oral agreement between a buyer and seller that modified a written land contract had to be in writing based on the Statute of Frauds and that the buyer defaulted on the terms of the agreement.

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COA affirms admission of gun and photographs into evidence

A trial court did not abuse its discretion when it admitted as evidence a handgun and photographs of the gun found in a car being impounded after police discovered the driver did not own the car and believed it was unsafe to operate, the Court of Appeals held.

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Judge concerned about doctor’s contradictory affidavit

An Indiana Court of Appeals judge found it troubling that a member of a medical review panel that unanimously found defendants breached their duty of care to a patient could later issue an affidavit in which he changed his mind relating to a doctor accused of medical malpractice.

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Opinions May 27, 2015 ILD

Indiana Court of Appeals
Sophia L. Masters v. Ryan E. Masters (mem. dec.)
30A04-1410-DR-488
Domestic relation. Affirms modification of physical custody of the parties’ two children to Ryan Masters.

Shellie S. Gryniewicz f/k/a Shellie S. Shih v. Daniel Shih (mem. dec.)
45A03-1412-DR-437
Domestic relation. Affirms order setting father’s child support obligation at $109 per week and ordering mother to pay the guardian ad litem fees and a portion of father’s attorney fees.

In the Matter of the Term. of the Parent-Child Relationship of: P.N., A.N. v. Ind. Dept. of Child Services (mem. dec.)
02A03-1412-JT-454
Juvenile. Affirms termination of parental rights.

Darrel Warren v. State of Indiana (mem. dec.)
49A02-1409-CR-597
Criminal. Reverses conviction for Class A misdemeanor carrying a handgun without a license.

J. Richard Presser, Rachel E. Presser, Kevin Kelley, Richard Sanderson, Rosemary Sanderson, Thomas Reis and Mary Reis v. North Indiana Annual Conference of the United Methodist Church, et al. (mem. dec.)
43A04-1405-CP-215
Civil plenary. Affirms judgment that the easement at issue in the 1994 judgment determining property rights relating to a plat of land and an easement located on the plat was an appurtenant easement.

Dominic Lowe v. State of Indiana (mem. dec.)
84A05-1412-CR-566
Criminal. Affirms sentence following guilty plea to Level 5 felony battery against a public safety officer and admitted he was a habitual offender.

Dominique Hamler v. State of Indiana (mem. dec.)
49A02-1407-CR-452
Criminal. Affirms convictions and sentence for murder, Class A felony attempted murder, and Class B felonies robbery and criminal confinement.
 

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COA upholds man’s belated appeal, molestation conviction

Citing the defendant’s limited understanding of English and his timely request for appellate counsel, the Indiana Court of Appeals affirmed the decision by the trial court to grant a man’s belated notice of appeal regarding a child molesting conviction.

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How law firms use Facebook and other data to track down medical victims

For ambulance chasers, persistence and a phone book just don’t cut it anymore. Law firms, which once relied on television commercials, billboards, and cold calling numbers in the white pages to find plaintiffs for medical lawsuits, have begun to embrace technology. To locate their ideal pharma victims more quickly and at lower costs, they're using data compiled from Facebook, marketing firms, and public sources, with help from digital bounty hunters.

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