A teen who argued that the rationale for applying judicial estoppel against the state in criminal proceedings should not apply in juvenile delinquency proceedings lost his appeal Monday before the Indiana Court of Appeals.
Indiana Court of Appeals
New Carlisle-Olive Township Public Library v. Review Board of the Ind. Dept. of Workforce Development and Stephen J. Boggs (mem. dec.)
93A02-1408-EX-581
Agency action. Affirms determination that the library’s discharge of Boggs was not for just cause.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of T.T. & J.T., Minor Children, and Their Mother, C.T., C.T. v. Ind. Dept. of Child Services (mem. dec.)
49A02-1410-JT-733
Juvenile. Affirms termination of parental rights.
Bill J. Bowers v. Jack Weichman (mem. dec.)
45A04-1411-CT-515
Civil tort. Reverses denial of Bowers’ motion to dismiss and remands for court to dismiss Weichman’s claims against Bowers because Indiana courts do not have personal jurisdiction over Bowers.
Charles Edward Mayo v. State of Indiana (mem. dec.)
32A01-1411-CR-481
Criminal. Affirms conviction of Class D felony operating a vehicle as a habitual traffic offender.
Misty Padgett-Essex v. State of Indiana (mem. dec.)
84A01-1407-CR-309
Criminal. Affirms order that Padgett-Essex serve the remainder of her previously suspended sentence.
In the Matter of J.M.C., A Child Alleged to be a Delinquent Child (mem. dec.)
62A04-1411-JV-525
Juvenile. Affirms adjudication as a delinquent for committing what would be Class B misdemeanor criminal mischief if committed by an adult, and the status offense of habitual disobedience of a parent, guardian or custodian.
Indiana Court of Appeals
Jay R. Thompson v. State of Indiana
31A01-1408-PC-350
Post conviction. Affirms grant of the state’s motion to dismiss Thompson’s post-conviction relief petition pursuant to the doctrine of laches. The state was prejudiced by his 22-year delay in prosecuting his PCR petition.
An elderly man’s former temporary guardians were unable to convince the Indiana Court of Appeals that it erred in overturning an award to them of $15,000 after finding potential misconduct by the guardians.
The Indiana Court of Appeals agreed with a lower court that the doctrine of laches prevents a man convicted of murder in the 1980s from prosecuting a post-conviction relief petition in 2014 that was originally filed in 1992.
The U.S. District Court in the Northern District of Indiana wants to hear from the bar and public as to whether a current magistrate judge should be recommended for reappointment.
A former U.S. ambassador to Costa Rica and the current general counsel at The Home Depot will address graduates Saturday at Indiana University Robert H. McKinney School of Law and IU Maurer School of Law, respectively.
A sheriff in northwest Indiana says a county jail could be released from oversight by the U.S. Department of Justice later this year.
Indiana Court of Appeals
In Re the Marriage of: Adena Vanderwielen v. Adam Vanderwielen (mem. dec.)
79A05-1407-DR-330
Domestic relation. Reverses property distribution order, finding the trial court issued an inconsistent order that improperly excluded marital debt from the marital estate and erroneously valued the marital residence. Remands for further proceedings.
Darrin C. Martin v. State of Indiana (mem. dec.)
85A02-1410-CR-743
Criminal. Affirms convictions of Class A and Class B felony dealing in methamphetamine.
Henry Shorter v. State of Indiana (mem. dec.)
20A05-1409-CR-438
Criminal. Affirms 60-year sentence for Class A felony burglary and Class B felony robbery while armed with a deadly weapon. Remands with instructions for the trial court to attach the habitual offender enhancement to the sentence imposed on his Class B felony conviction, not as a separate, consecutive sentence.
In the Matter of the Termination of the Parent-Child Relationship of E.M. (minor child) and L.M. v. Indiana Department of Child Services (mem. dec.)
65A01-1408-JT-343
Juvenile. Affirms termination of parental rights.
Raymond Stewart v. State of Indiana (mem. dec.)
49A02-1410-CR-759
Criminal. Affirms Class A felony robbery conviction.
Jonathan Grott, Sr. v. State of Indiana
64A04-1408-CR-395
Criminal. Affirms conviction of Class D felony auto theft. There is sufficient evidence to sustain the conviction, which stems from Grott’s failure to return a rental car on a specific date.
The Indiana Court of Appeals found that the victim of a battery at a family reunion was related to the perpetrator under Indiana statute, so the defendant’s Level 6 felony battery conviction was affirmed Thursday.
Fort Wayne attorney David M. Zent has been named a magistrate judge in the Allen Superior Court Criminal Division. His first day on the bench is expected to be June 1.
The Indiana Court of Appeals sent a divorce case back to the trial court Thursday because the trial court erred in concluding that it lacked jurisdiction over the husband on division of property and spousal maintenance issues.
A Porter County man convicted of auto theft argued that his failure to return a rental car was a civil case and misunderstanding with the rental company, but the Court of Appeals upheld his Class D felony conviction.
Indiana University Maurer School of Law will hold a dedication ceremony for the law school building Friday, which is being renamed Baier Hall in recognition of alum Lowell E. Baier. Baier recently made a $20 million estate gift to the Bloomington law school.
The bulk collection of Americans' phone records by the government exceeds what Congress has allowed, a federal appeals court said Thursday as it asked Congress to step in and decide how best to protect national security and privacy interests.
Local boards will no longer set minimum wages for public construction projects in Indiana under a law signed Wednesday by Gov. Mike Pence.
Seven Indiana counties have been given approval to appoint new magistrate judges to their local courts. Gov. Mike Pence signed House Enrolled Act 1110 on May 5.
Indianapolis attorney and U.S. Anti-Doping Agency general counsel William Bock III, who was part of the team that exposed cyclist Lance Armstrong’s use of performance-enhancing substances, is one of four Americans selected to receive an award recognizing ethical leadership in the business and professional communities.
Manny Pacquiao went into the richest match in boxing history without telling fans and gamblers he had a bum shoulder. Now he faces a fight in court.