Indiana Court of Appeals
Jon A. Arnold v. State of Indiana
88A01-1603-PC-677
Post conviction. Affirms trial court’s decision to deny Jon A. Arnold’s petition for post-conviction relief. Arnold has not established that a defense overlooked by trial counsel would have likely changed the outcome of the proceeding.
Indiana Court of Appeals
In Re: The Adoption of: J.S.S. and K.N.S., Rayburn and Beth Robinson v. M.R.S.
02A04-1603-AD-545
Adoption. Affirms trial court’s decision to deny B.R. and R.R.’s motion to correct error after the trial court found that they had not established clear and convincing evidence necessary to dispense with parental consent. B.R. and R.R., foster parents, had petitioned to adopt J.S.S. and K.N.S. without the consent of their father, M.S.
Indiana Court of Appeals
Darwick Young v. State of Indiana (mem. dec.)
49A02-1602-CR-216
Criminal. Affirms Darwick Young’s conviction for Level 2 felony dealing in cocaine, Class A misdemeanor carrying a handgun without a license, Level 6 felony maintaining a common nuisance and Class B misdemeanor possession of marijuana. Remands with instructions to vacate Young’s Level 3 felony possession of cocaine conviction and to revise his sentence.
Indiana Court of Appeals
Andre C. Coleman v. State of Indiana
49A02-1511-CR-1999
Criminal. Vacates imposition of supplemental public defender and probation fees against Andre Coleman. Remands for further proceedings.
Indiana Court of Appeals
Christina Schermerhorn v. State of Indiana
49A02-1510-CR-1643
Criminal. Affirms Christina Schermerhorn’s convictions of criminal recklessness, a Class A misdemeanor, and domestic battery, a Class A misdemeanor.
Indiana Court of Appeals
Bradley Starr by Next Friend Heather Starr-Haller and Heather Starr-Haller v. State Farm Automobile Insurance Company and the Indiana Bureau of Motor Vehicles
32A05-1605-PL-976
Civil plenary. Affirms summary judgment for State Farm on Starr-Haller’s complaint seeking coverage for an auto accident. State Farm did not waive its right to deny Starr-Haller the coverage she now claims for an accident that occurred after her coverage had lapsed.
Indiana Court of Appeals
Mindy M. Cline v. State of Indiana
38A04-1512-XP-2221
Expungement petition. Reverses and remands denial of Mindy Cline’s petition for expungement, finding trial court abused its discretion in denying her petition. Judge Michael Barnes dissents with separate opinion.
Indiana Court of Appeals
Meridian Health Services Corporation v. Thomas Martin Bell
71A04-1511-DR-2005
Domestic relation. Affirms trial court’s order finding Meridian Health Services Corporation in contempt of court for failure to comply with a subpoena duces tecum and appear at a deposition and awarding attorney fees as a sanction. The trial court did not abuse its discretion in holding Meridian in contempt.
7th Circuit Court of Appeals
William Hinesley, III v. Wendy Knight, superintendent, Correctional Industrial Facility
15-2122
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Jane E. Magnus?Stinson, Judge.
Civil. Affirms district court’s decision to deny William Hinesley’s petition for writ of habeas corpus. Finds that Hinesley’s counsel was not ineffective in a prejudicial manner.
Indiana Court of Appeals
Marc Lindsey v. State of Indiana (mem. dec.)
20A03-1508-CR-1086
Criminal. Affirms Marc Lindsey’s conviction of Class D felony operating a vehicle while intoxicated.
Indiana Court of Appeals
Julie R. Waterfield v. Richard D. Waterfield
92A03-1511-PL-1968
Civil plenary. Affirms trial court’s order denying Julie R. Waterford’s request to set aside her divorce decree entered in 1997 based on the allegation of fraud committed by Richard D. Waterfield while negotiating a settlement leading to the dissolution of the marriage. Finds that Julie Waterfield failed to establish that Richard Waterfield committed fraud. Finds that Richard Waterfield is entitled to an award of attorney fees.
Indiana Court of Appeals
Thomas A. Carpenter, et al. v. The Cincinnati Specialty Underwriters Insurance Company
33A01-1602-CT-265
Civil tort. Affirms summary judgment and declaratory judgment in favor of Cincinnati Specialty. It had no obligation to make payments under a consent judgment in which Carpenter and Cincinnati’s insured, Lovell’s Lounge, agreed Carpenter’s injuries were caused by Lovell’s Lounge’s negligence or that Lovell’s was vicariously liable for injuries Carpenter sustained when he was punched in the jaw by patron Jerry Dean Johnson. Finds the consent judgment was obtained by bad faith or collusion, collateral estoppel does not apply, and CSU is not bound by the consent judgment.
Indiana Court of Appeals
In the Matter of: J.B., A Child in Need of Services: S.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
47A01-1604-JC-765
Juvenile CHINS. Affirms J.B.’s designation as a child in need of services.
Indiana Court of Appeals
Brian W. Ellison v. State of Indiana (mem. dec.)
92A05-1604-CR-964
Criminal. Affirms Ellison’s designation as a credit-restricted felon. Finds sufficient evidence to support the trial court’s determination that Ellison molested A.E. on or after July 1, 2008, the effective date of the credit-restricted felon statute.
Indiana Court of Appeals
In the Matter of the Commitment of H.F. v. Eskenazi Health/Midtown Clinic (mem. dec.)
49A02-1602-MH-335
Mental health. Affirms order for temporary involuntary civil commitment, not to exceed 90 days.
Indiana Supreme Court
In the Matter of: Harold E. Bean
49S00-1601-DI-2
Discipline. Disbars Bean for engaging in attorney misconduct while the elected clerk-treasurer of the town of Warren Park. He pleaded guilty to theft and official misconduct as Class D felonies after writing dozens of checks to himself from town funds.
Indiana Court of Appeals
George P. Broadbent, and Plainfield Village, LP v. Fifth Third Bank
32A01-1602-MF-345
Mortgage foreclosure. Affirms summary judgment for the bank. The trial court properly interpreted the guaranties of the contract and applied the guaranties’ terms to calculate Broadbent’s liability.
Indiana Court of Appeals
In re the Paternity of: L.S., Chen Su v. James Lowe (mem. dec.)
49A02-1512-JP-2196
Juvenile. Affirms order modifying custody of L.S. to sole legal custody of father, parenting time and child support.
Indiana Supreme Court
Michael Day v. State of Indiana
24S05-1606-CR-358
Criminal. Affirms Day’s disorderly conduct conviction. Concludes that the “fighting” subsection of the disorderly conduct statute does not contain a public disturbance element but does require a physical altercation. His intentional spitting provided sufficient evidence of a physical altercation.
Indiana Court of Appeals
Dorothy Williams v. State of Indiana
46A03-1511-CR-1913
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct. Finds the state’s impairment of Williams’ speech was constitutional because it was rational and her speech was politically ambiguous for purposes of an Article I, Section 9 affirmative defense.