Wednesday, August 27, 2008
Ind. Decisions - Court of Appeals issues 4 today (and 9 NFP)
For publication opinions today (4): In Grover Fitzgerald v. U.S. Steel, a 13-page opinion, Judge Vaidik writes:Grover Fitzgerald appeals from the Worker’s Compensation Board’s (“Board”) dismissal of his application for adjustment of claim. Concluding that Fitzgerald’s application is time-barred under...Posted by Marcia Oddi on Wednesday, August 27, 2008
Tuesday, August 26, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 2 NFP)
For publication opinions today (1): In R.W., Sr. (father) and D.B.W.(mother) v. Marion Co. Dept. of Child Svcs., et al. , an 18-page opinion, Judge Friedlander writes:Diane B-W. (Mother) and Richard W. (Father) appeal the termination of their parental rights...Posted by Marcia Oddi on Tuesday, August 26, 2008
Monday, August 25, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 3 NFP)
For publication opinions today (2): In Lowell J. Pflum v. Wayne Co. Board of Commissioners, an 11-page opinion, Chief Judge Baker writes:Appellant-plaintiff Lowell J. Pflum appeals the judgment in favor of appellee-defendant Wayne County Board of Commissioners (the Board), claiming...Posted by Marcia Oddi on Monday, August 25, 2008
Ind. Decisions - "Court upholds 42-year sentence for highway sniper"
The Court of Appeals August 21st decision in the case of Zachariah J. Blanton v. State of Indiana (NFP) is the subject of an AP story published in a number of Hoosier papers over the weekend. The Muncie Star-Press heads...Posted by Marcia Oddi on Monday, August 25, 2008
Thursday, August 21, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In Michelle Wheeler v. Lawson (ND Ind., Judge Miller), a 24-page opinion, Judge Ripple writes:Michelle Wheeler filed this action under 42 U.S.C. § 1983 against Ronald Lawson, individually and in his official capacity as an officer of the Starke...Posted by Marcia Oddi on Thursday, August 21, 2008
Ind. Decisions - Court of Appeals issues 4 today (and 10 NFP)
For publication opinions today (4): In Wesley H. Fueger v. CNH America LLC, et al. , a 6-page opinion on a petition for rehearing, Sr. Judge Barteau writes:Case Corporation, Case IH, Case Equipment Corporation, Case LLC, CNH America LLC (collectively...Posted by Marcia Oddi on Thursday, August 21, 2008
Wednesday, August 20, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 3 NFP)
For publication opinions today (0): NFP civil opinions today (1): In Barbara Pettineo v. Crown Point Comm. School Corp. (NFP), an 8-page opinion, Judge Kirsch writes:Barbara Pettineo appeals the Indiana Worker’s Compensation Board’s (the “Board”) ruling and award, raising the...Posted by Marcia Oddi on Wednesday, August 20, 2008
Tuesday, August 19, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 9 NFP)
For publication opinions today (0): NFP civil opinions today (2): Term. of Parent-Child Rel. of T.K. and J.S. v. Johnson Co. Dept. of Child Svcs. (NFP) - "Jessica S. (“Mother”) appeals the involuntary termination of her parental rights, in Johnson...Posted by Marcia Oddi on Tuesday, August 19, 2008
Ind. Decisions - More on: Transfer petition pending in school finance case
Updating this ILB entry from late this morning, the ILB has now received copies of the State's brief in its Petition to Transfer in the case of Bonner v. Daniels (49 A 02 - 0702 - CV - 00188), and...Posted by Marcia Oddi on Tuesday, August 19, 2008
Ind. Decisions - Transfer petition pending in school finance case
A transfer petition is pending in the suit challenging the school finance system, Bonner v. Daniels (49 A 02 - 0702 - CV - 00188). On May 2nd, the Court of Appeals, in a 2-1 decision, ruled:[W]e find that the...Posted by Marcia Oddi on Tuesday, August 19, 2008
Monday, August 18, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 3 NFP)
These were just posted, but the stamps indicate they were filed at 9:30 am . . . For publication opinions today (0): NFP civil opinions today (1): The Commitment of J.M. v. Wishard Health Svc./Midtown Community Mental Health Ctr. (NFP)...Posted by Marcia Oddi on Monday, August 18, 2008
Saturday, August 16, 2008
Ind. Decisions - "Jeffersonville annexation upheld: Oak Park opponents vow appeal in case"
The Court of Appeals decision yesterday in the case of Bruce Herdt, Louis Evans and Charlie Milburn v. City of Jeffersonville, Indiana and Common Council for Jeffersonville, Indiana (see ILB summary here, 6th case), is the subject of a story...Posted by Marcia Oddi on Saturday, August 16, 2008
Friday, August 15, 2008
Ind. Decisions - Court of Appeals issues 7 today (and 8 NFP)
For publication opinions today (7): In Ronald J. Solnosky, Gary L. Miller, and Medical Marketing Resources SE, Inc. v. Karen R. Goodwell, Derrick H. Wilson, et al, a 19-page opinion, Judge Crone writes:Ronald J. Solnosky appeals the trial court’s reduction...Posted by Marcia Oddi on Friday, August 15, 2008
Thursday, August 14, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 6 NFP)
For publication opinions today (2): In Gary Becker v. Heather Becker, a 4-page opinion, Judge Riley writes:Appellant-Petitioner, Gary Becker (Becker), appeals the trial court’s Order modifying his child support. We reverse. * * * Based on Lambert, the trial court...Posted by Marcia Oddi on Thursday, August 14, 2008
Wednesday, August 13, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 4 NFP)
For publication opinions today (2): In Cemantha Sidell Wolljung v. Joseph Sidell, an 8-page opinion, Judge Najam writes:Cemantha Sidell Wolljung (“Mother”) appeals from the trial court’s order granting a motion filed by Joseph Sidell (“Father”) to modify custody of the...Posted by Marcia Oddi on Wednesday, August 13, 2008
Ind. Decisions - "New trial for losers in $450,000 verdict"
The Court of Appeals 2-1 opinion yesterday (see ILB summary here - 4th of the NFPs) in the case of Rudrappa and Jayashree Gunashekar v. Kay Grose, d/b/a America's Affordable Housing J & K Mfg. (NFP) is the subject of...Posted by Marcia Oddi on Wednesday, August 13, 2008
Tuesday, August 12, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 11 NFP)
For publication opinions today (3): In Star Transport, Inc. and Jeffrey Cottingham v. Hervey Byard, a 17-page opinion, Judge Barnes writes:Star Transport, Inc., (“Star”) and its employee, Jeffrey Cottingham, appeal a judgment finding them jointly 75% at fault for injuries...Posted by Marcia Oddi on Tuesday, August 12, 2008
Monday, August 11, 2008
Ind. Decisions - Court of Appeals issues 4 today (and 20 NFP)
For publication opinions today (4): In Misty D. Davis v. State of Indiana , a 16-page opinion, Judge Kirsch writes:Misty D. Davis appeals her convictions and sentence for assisting a criminal in murder as a Class C felony and giving...Posted by Marcia Oddi on Monday, August 11, 2008
Friday, August 08, 2008
Ind. Decisions - "Weapons case appeal 'untimely'"
The Lafayette Journal & Courier has a story this afternoon on what apparently is a ruling of the Court of Appeals, but the ruling does not appear online:The Carroll County prosecutor waited too long to appeal a judge's decision that...Posted by Marcia Oddi on Friday, August 08, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 10 NFP)
For publication opinions today (0): NFP civil opinions today (1): In LeWayne Hilbert v. Deborah S. Hilbert (NFP), a 15-page opinion, Judge Najam writes:LeWayne Hilbert (“Husband”) appeals from the dissolution court’s final decree dissolving his marriage to Deborah Hilbert (“Wife”)....Posted by Marcia Oddi on Friday, August 08, 2008
Thursday, August 07, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 1 NFP)
For publication opinions today (2): In LHT Capital LLC v. Indiana Horse Racing Commission, et al. , a 19-page opinion, Judge Brown writes:LHT asserts that the Commission demanded a $15 million transfer fee. In an August 6, 2007 letter to...Posted by Marcia Oddi on Thursday, August 07, 2008
Wednesday, August 06, 2008
Ind. Decisions - Improvements needed to highlight late-added opinions
Late this afternoon, another COA opinion was posted by the Clerk; the stamp indicates it was filed at 3:40 pm. The NFP case is Mitchell Jackson v. State of Indiana (NFP). Only by accident did the ILB discover this, noticing...Posted by Marcia Oddi on Wednesday, August 06, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 13 NFP) [Corrected]
For publication opinions today (2): In Denia Baniaga v. State of Indiana , a 9-page opinion, CJ Baker writes:Appellant-defendant Denia Baniaga appeals her convictions for Possession of Cocaine, a class C felony, and Driving While Suspended, a class A misdemeanor....Posted by Marcia Oddi on Wednesday, August 06, 2008
Tuesday, August 05, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)
For publication opinions today (1): In First Farmers Bank & Trust Co. v. Dianna F. Whorley , a 19-page opinion, Judge Riley writes:Appellant-Defendant, First Farmers Bank & Trust Co. (First Farmers), appeals the trial court’s denial of its motion for...Posted by Marcia Oddi on Tuesday, August 05, 2008
Monday, August 04, 2008
Ind. Decisions - Court of Appeals issues 4 today (and 7 NFP)
For publication opinions today (4): In Filemon Sanchez v. State of Indiana , a 5-page opinion, Judge May writes:Filemon Sanchez appeals his sentence of forty years in the Indiana Department of Correction for Class A felony dealing in cocaine. Sanchez...Posted by Marcia Oddi on Monday, August 04, 2008
Saturday, August 02, 2008
Ind. Decisions - "Appellate court reverses ruling on school shooting"
The Court of Appeals opinion July 28th in the case of Gary Community School Corp. v. Neal Boyd III and Theresa Stanback (see ILB entry here, 5th case) is the subject of a story today in the Gary Post Tribune...Posted by Marcia Oddi on Saturday, August 02, 2008
Thursday, July 31, 2008
Ind. Decisions - Court of Appeals issues 6 today (and 14 NFP)
For publication opinions today (6): In Robert L. Quakenbush v. Review Board of the Indiana Dept. of Workforce, et al. , an 8-page opinion, Sr. Judge Sharpnack writes:The Review Board contends that the dismissal of Quakenbush’s appeal attempt is proper,...Posted by Marcia Oddi on Thursday, July 31, 2008
Wednesday, July 30, 2008
Ind. Decisions - Recent COA NFP custody decision receives some attention
The July 24th Court of Appeals opinion in the case of Diana E. Lowhorn v. Brian E. Lowhorn (NFP) [See ILB summary here, 7th case], was the focus of an entry this evening by law prof. Eugene Volokh. Mr. Volokh,...Posted by Marcia Oddi on Wednesday, July 30, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 12 NFP)
For publication opinions today (2): In Tony Billings v. Kendra Odle , an 8-page opinion, Judge Bradford writes:Appellant-Respondent Tony Billings appeals following the trial court’s order finding him in arrears of his child support obligation. On appeal, Billings claims that...Posted by Marcia Oddi on Wednesday, July 30, 2008
Tuesday, July 29, 2008
Ind. Decisions - Court of Appeals issues 5 today (and 14 NFP)
For publication opinions today (5): In Daniel J. Milliner v. State of Indiana , a 9-page, 2-1 opinion, Judge Bailey writes:In this consolidated appeal, Daniel J. Milliner challenges his conviction for failure to register as a sex offender, as a...Posted by Marcia Oddi on Tuesday, July 29, 2008
Monday, July 28, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 10 NFP)
For publication opinions today (2): In Mahmoud M. Basileh v. Arwa G. Alghussain , a 17-page opinion, Judge Vaidik writes:After the Indiana trial court granted the motion of Arwa Alghusain (“Mother”) to transfer jurisdiction over her children’s child support matters...Posted by Marcia Oddi on Monday, July 28, 2008
Ind. Decisions - "Company not liable in death of Lapel mother, daughter"
Shawn McGrath of the Anderson Herald Bulletin reports today on last Thursday's Court of Appeals decision in the case of John Clark, Rep. of the Estate of Cory R. Clark v. Aris, Inc., et al (see ILB entry here):The Indiana...Posted by Marcia Oddi on Monday, July 28, 2008
Saturday, July 26, 2008
Ind. Decisions - "Court of Appeals orders Democrat be sworn in as 4th Ward representative"
The Court of Appeals decision Thursday in the case of Tamara Sullivan v. Noell Krughoff, Shelby Co. Dem. Central Committee Chairperson (see July 24th ILB entry here) was the subject of a lengthy story Friday by Ron Hamilton of the...Posted by Marcia Oddi on Saturday, July 26, 2008
Friday, July 25, 2008
Ind. Decisions - Court of Appeals issues 6 today (and 21 NFP)
For publication opinions today (6): Torin Herbert v. State of Indiana - "Torin Herbert appeals his convictions for class A felony dealing in cocaine, class D felony dealing in marijuana, and class D felony maintaining a common nuisance. We affirm....Posted by Marcia Oddi on Friday, July 25, 2008
Thursday, July 24, 2008
Ind. Decisions - Court of Appeals issues 5 today (and 9 NFP)
For publication opinions today (5): In John Clark, Rep. of the Estate of Cory R. Clark v. Aris, Inc., et al , a 9-page opinion, CJ Baker writes:Baer left the job site during the middle of his shift without Aris’s...Posted by Marcia Oddi on Thursday, July 24, 2008
Wednesday, July 23, 2008
Ind. Decisions - "Appeals court rules against sex offender"
Yesterday's Court of Appeals decision in the case of Jesse S. McCown v. State of Indiana (ILB entry here, 5th case, is the subject of a story posted this afternoon by Sophia Voravong in the Lafayette Journal Courier that begins:A...Posted by Marcia Oddi on Wednesday, July 23, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 3 NFP)
For publication opinions today (0): NFP civil opinions today (0): NFP criminal opinions today (3): Nickolus Stamper v. State of Indiana (NFP) Joshua Weathers v. State of Indiana (NFP) Gregory Fleming v. State of Indiana (NFP)...Posted by Marcia Oddi on Wednesday, July 23, 2008
Ind. Decisions - "Ex-Purdue football player's sentence reduced"
Yesterday's Court of Appeals decision in the case orf Kyle Williams v. State of Indiana (ILB entry here, 4th case, is the subject of a story today by Sophia Voravong in the Lafayette Journal Courier. Some quotes:A former Purdue University...Posted by Marcia Oddi on Wednesday, July 23, 2008
Tuesday, July 22, 2008
Ind. Decisions - Court of Appeals issues 5 today (and 10 NFP)
For publication opinions today (5): Scottie Hart v. State of Indiana - "Scottie Hart, pro se, appeals from the denial of his petition for post-conviction relief. We affirm. "Issues. 1. Whether the trial court erred in revoking Hart’s probation. 2....Posted by Marcia Oddi on Tuesday, July 22, 2008
Monday, July 21, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 2 NFP)
For publication opinions today (2): In Jason J. Green v. Laura S. Green , a 19-page opinion, Judge Vaidik writes:In the third time this child custody case has been before this Court, Jason J. Green (“Father”) appeals the trial court’s...Posted by Marcia Oddi on Monday, July 21, 2008
Friday, July 18, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 7 NFP)
For publication opinions today (3): In Indiana Dept. of Environmental Management v. Construction Management, LLC; et al , a 13-page opinion, the issue was whether the company's water supply system, under which each individual apartment building is supplied by a...Posted by Marcia Oddi on Friday, July 18, 2008
Ind. Decisions - "Ex-county official’s conviction reversed"
The July 15th Court of Appeals decision in the case of Donald D. Vanhorn v. State of Indiana (see ILB entry here - 3rd case) is the subject of a story today by Brian M. Boyce of the Terre Haute...Posted by Marcia Oddi on Friday, July 18, 2008
Thursday, July 17, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 6 NFP)
For publication opinions today (3): In Terra Nova Dairy, LLC v. Wabash Co. Board of Zoning Appeals , a 12-page opinion involving the denial of an improvement location permit for the construction of a CAFO by the BZA, Judge Crone...Posted by Marcia Oddi on Thursday, July 17, 2008
Ind. Decisions - "Teen Showed Porn From Back Of Moving Car"
M.S. v. State of Indiana , a Curt of Appeals opinion summarized July 15th by the ILB, was the subject of a report by Rick Hightower of Indy 6 News this morning. Some quotes:The Indiana Court of Appeals earlier this...Posted by Marcia Oddi on Thursday, July 17, 2008
Ind. Decisions - "Trial judge summarily dismisses legal malpractice suit"
The Court of Appeals decision July 8th in the NFP case of Municipal Tax Liens, Inc. v. Michael Alexander is the subject of a story today by Rick Yencer in the Muncie Star-Press. From the story:The Indiana Court of Appeals...Posted by Marcia Oddi on Thursday, July 17, 2008
Wednesday, July 16, 2008
Ind. Decisions - Court of Appeals issues 6 today (and 9 NFP)
For publication opinions today (6): In Tim Sinks v. Krista L. Caughey , a 16-page opinion in an interlocutory appeal, Judge Vaidik writes:This case stems from a 2002 automobile accident in which Krista Caughey and her then-husband, Marius Sakalinskas, were...Posted by Marcia Oddi on Wednesday, July 16, 2008
Tuesday, July 15, 2008
Ind. Decisions - More on "Papa John's robbery suit heading to court"
Updating this ILB entry from July 14th on the Court of Appeals decision last Friday, July 11th in the case of Thomas Williams and Sanford Kelsey v. Kelly Eugene Tharp and Papa John's U.S.A., Inc., the National Law Journal this...Posted by Marcia Oddi on Tuesday, July 15, 2008
Ind. Decisions - Court of Appeals issues 5 today (and 13 NFP)
For publication opinions today (5): In Lauth Indiana Resort & Casino v. Lost River Development, et al., a 14-page opinion, Judge Mathias writes:Appellant-Defendant Lauth Indiana Resort & Casino, LLC (“Lauth”) brings this interlocutory appeal from the order of the Hamilton...Posted by Marcia Oddi on Tuesday, July 15, 2008
Monday, July 14, 2008
Ind. Decisions - "Papa John's robbery suit heading to court"
The Court of Appeals decision last Friday, July 11th in the case of Thomas Williams and Sanford Kelsey v. Kelly Eugene Tharp and Papa John's U.S.A., Inc. (see ILB entry here) , is the subject of a story by James...Posted by Marcia Oddi on Monday, July 14, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 2 NFP)
For publication opinions today (0): NFP civil opinions today (1): In Aubrie Sanders v. John Sanders (NFP), a 12-page opinion, Judges Barnes writes:David McNamar, attorney for Aubrie Sanders, appeals the trial court’s order directing him to pay the attorney fees...Posted by Marcia Oddi on Monday, July 14, 2008
Friday, July 11, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 13 NFP)
For publication opinions today (2): In Thomas Williams and Sanford Kelsey v. Kelly Eugene Tharp and Papa John's U.S.A., Inc. , an 18-page opinion, Judge May writes:Two African-American men, Thomas Williams and Sanford Kelsey, went to a Papa John’s restaurant...Posted by Marcia Oddi on Friday, July 11, 2008
Thursday, July 10, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 2 NFP)
For publication opinions today (1): In Petition for the Establishment of the Millpond Conservancy District, an 8-page opinion, Judge Riley writes:Appellants-Remonstrators, Ralph Holman and Wayne Crowl (Remonstrators), appeal the trial court’s order establishing the Millpond Conservancy District (District). We affirm....Posted by Marcia Oddi on Thursday, July 10, 2008
Wednesday, July 09, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 12 NFP)
For publication opinions today (0): NFP civil opinions today (0): NFP criminal opinions today (12): Vince Edward Williams v. State of Indiana (NFP) Jonathan J. Birk v. State of Indiana (NFP) Sirjames Smith v. State of Indiana (NFP) T.D. v....Posted by Marcia Oddi on Wednesday, July 09, 2008
Tuesday, July 08, 2008
Ind. Decisions - Court of Appeals issues 5 today (and 10 NFP)
For publication opinions today (5): In In re the Paternity of M.M.; Bryan F. v. Liana M. , a 6-page opinion, Judge Bailey writes:Bryan F. (“Bryan”) appeals the denial of his motion to rescind a paternity affidavit and request for...Posted by Marcia Oddi on Tuesday, July 08, 2008
Sunday, July 06, 2008
Ind. Decisions - "Dams continue to age, but money to fix them in compliance with state standards is scarce"
The Court of Appeals decision June 30th (see ILB entry here) in the case of Indiana Department of Natural Resources and State of Indiana v. Lake George Cottagers Association is part of the focus today in a lengthy and comprehensive...Posted by Marcia Oddi on Sunday, July 06, 2008
Thursday, July 03, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 2 NFP)
For publication opinions today (0): NFP civil opinions today (1): Susan Steinsdoerfer v. Master Guard (NFP) - "Although competent evidence did not support some of the hearing member’s findings, the Board nevertheless properly affirmed the hearing member’s conclusion that Steinsdoerfer...Posted by Marcia Oddi on Thursday, July 03, 2008
Wednesday, July 02, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 17 NFP)
For publication opinions today (3): In Indiana Bureau of Motor Vehicles and State of Indiana v. Brent Orange, a 7-page opinion, Judge Kirsch writes:Intervenor, the Indiana Bureau of Motor Vehicles (the “BMV”), appeals the trial court’s denial of its motion...Posted by Marcia Oddi on Wednesday, July 02, 2008
Tuesday, July 01, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 3 NFP)
For publication opinions today (0): NFP civil opinions today (1): Debra Byrum v. Bookout Properties, Inc. (NFP) - "Debra Byrum appeals the trial court’s order denying her request for unpaid commissions earned before Bookout Properties terminated her employment. Specifically, Byrum...Posted by Marcia Oddi on Tuesday, July 01, 2008
Monday, June 30, 2008
Ind. Decisions - Court of Appeals issues 7 today (and 26 NFP)
Today is the end of the term. For publication opinions today (7): In Indiana Department of Natrual Resources and State of Indiana v. Lake George Cottagers Association , a 7-page opinion, Judge May writes:The Lake George Cottagers Association (hereinafter “the...Posted by Marcia Oddi on Monday, June 30, 2008
Friday, June 27, 2008
Ind. Decisions - Court of Appeals issues 4 today (and 15 NFP)
For publication opinions today (4): Bobby Robinson a/k/a Steven Smith v. State of Indiana - "We conclude that the trial court did not abuse its discretion in admitting evidence collected following Robinson’s arrest, as it was supported by probable cause....Posted by Marcia Oddi on Friday, June 27, 2008
Thursday, June 26, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 8 NFP)
For publication opinions today (3): In Knightstown Banner v. Town of Knightstown, Governmental Insurance Managers Inc., et al, an opinion on rehearing on the issue of attorney fees, Judge Friedlander writes:It is enough to say that GIE and GIM were...Posted by Marcia Oddi on Thursday, June 26, 2008
Wednesday, June 25, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 5 NFP)
For publication opinions today (2): In Burns-Kish Funeral Homes, Inc. v. Kish Funeral Homes, LLC, a 20-page opinion re an interlocutory appeal, Judge Vaidik writes:Burns-Kish Funeral Homes, Inc. is a family-run funeral home in northwest Indiana that has been in...Posted by Marcia Oddi on Wednesday, June 25, 2008
Tuesday, June 24, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 13 NFP)
For publication opinions today (1): In Thomas J. Herr v. Carter Lumber Inc., The Carter Jones Lumber Co., and Brian L. Oaks, a 9-page opinion, Judge Brown writes:Thomas J. Herr appeals the trial court’s judgment in his action against Carter...Posted by Marcia Oddi on Tuesday, June 24, 2008
Monday, June 23, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 9 NFP)
For publication opinions today (0): NFP civil opinions today (2): In Alfred Dartis v. Delco Remy America, Inc. (NFP), a 9-page opinion, Judge Bradford writes:Appellant-Respondent Alfred Dartis appeals the trial court’s judgment granting a petition for judicial review brought by...Posted by Marcia Oddi on Monday, June 23, 2008
Friday, June 20, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 7 NFP)
For publication opinions today (1): In Paula Ann Yates v. Johnson Co. Board of Commissioners, et al. , a 16-page opinion, Judge Barnes writes:Paula Yates appeals the trial court’s grant of summary judgment in favor of the Edinburgh Community School...Posted by Marcia Oddi on Friday, June 20, 2008
Thursday, June 19, 2008
Ind. Decisions - Court of Appeals issues 4 today (and 15 NFP)
For publication opinions today (4): In Steven I. Paul v. State of Indiana, a 17-page opinion, Judge Barnes writes:Steven I. Paul brings his consolidated appeal of the sentence imposed by the trial court after his conviction by jury of aggravated...Posted by Marcia Oddi on Thursday, June 19, 2008
Wednesday, June 18, 2008
Ind. Decisions - Court of Appeals issues 4 today (and 17 NFP)
For publication opinions today (4): In Matthew Zachary v. State of Indiana , a 9-page opinion, Judge Bailey writes:Zachary presents a single issue for review: whether he was denied the effective assistance of trial and appellate counsel because counsel did...Posted by Marcia Oddi on Wednesday, June 18, 2008
Tuesday, June 17, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 11 NFP)
For publication opinions today (1): In Damen Holly v. State of Indiana , a 10-page opinion, Judge Vaidik writes:Damen Holly drove a car that was registered to someone whose driver’s license was suspended. A police officer conducted a license plate...Posted by Marcia Oddi on Tuesday, June 17, 2008
Monday, June 16, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 8 NFP)
For publication opinions today (0): NFP civil opinions today (2): In Donald Baker v. Catherine Ipock (NFP), a 5-page opinion, Judge Bradford affirms the lower court's denial of Baker's petition to modify his child support obligation:Baker claims that the trial...Posted by Marcia Oddi on Monday, June 16, 2008
Sunday, June 15, 2008
Ind. Courts - More on "Media barred from Lay custody trial"
The Evansville Courier & Press has a lengthy editorial today on the Court of Appeals grant of a motion for a temporary stay, filed by Amanda Brooks Lay's attorney, barring the media from attending court proceedings related to the custody...Posted by Marcia Oddi on Sunday, June 15, 2008
Saturday, June 14, 2008
Ind. Decisions - "Two counties must pay $75M owed to state"
Yesterday's Court of Appeals decision in the case of Marion County and St. Joseph County v. State of Indiana; Tim Berry; Richard Mourdock, et al (see ILB summary here), is the subject of a brief story today in the Indianapolis...Posted by Marcia Oddi on Saturday, June 14, 2008
Friday, June 13, 2008
Ind. Decisions - Court of Appeals issues 7 today (and 15 NFP)
More details to follow For publication opinions today (7): In Marion County and St. Joseph County v. State of Indiana; Tim Berry; Richard Mourdock, et al, a 19-page opinion, Judge May writes:For many years, Indiana counties have been required to...Posted by Marcia Oddi on Friday, June 13, 2008
Ind. Decisions - "Permit for trash station near Mount Baldy upheld"
The Court of Appeals decision yesterday (Thursday) in the case of Board of Commissioners of LaPorte County, Board of Commissioners of Porter County, Town of Beverly Shores, et al v. Great Lakes Transfer, LLC, and IDEM (see ILB entry here)...Posted by Marcia Oddi on Friday, June 13, 2008
Thursday, June 12, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 12 NFP)
For publication opinions today (2): In Board of Commissioners of LaPorte County, Board of Commissioners of Porter County, Town of Beverly Shores, et al v. Great Lakes Transfer, LLC, and IDEM, a 31-page opinion, the Court affirms the decisions of...Posted by Marcia Oddi on Thursday, June 12, 2008
Wednesday, June 11, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 5 NFP)
For publication opinions today (0): NFP civil opinions today (2): Renuka Devi Mahadeva v. Rudrappa Gangadhar, Meera Gangadhar and Tri-Fab, LLC, et al (NFP) - "Renuka Devi Mahadeva (“Renuka”), individually and as personal representative of the estate of Mahadeva Rudrappa,...Posted by Marcia Oddi on Wednesday, June 11, 2008
Tuesday, June 10, 2008
Ind. Decisions - Court of Appeals posts another opinion
As the ILB has noted before, when a case is posted to the Court of Appeals website after the regular posting, with no indication that it is in addition, and in fact is added to the middle of the current...Posted by Marcia Oddi on Tuesday, June 10, 2008
Ind. Decisions - Court of Appeals issues 6 today (and 16 NFP)
For publication opinions today (6): Gilbert Ramon v. State of Indiana , a 29-page, 2-1 opinion, discusses several significant issues at length, including the State’s ability to amend the charging information under IC 35-34-1-5 and whether application of the amended...Posted by Marcia Oddi on Tuesday, June 10, 2008
Monday, June 09, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)
For publication opinions today (1): In Martha S. Pressley v. Newburgh Town Council, a 12-page opinion, Chief Judge Baker writes:Martha S. Pressley appeals the trial court’s grant of summary judgment in favor of Newburgh Town Council (Town Council) and Town...Posted by Marcia Oddi on Monday, June 09, 2008
Friday, June 06, 2008
Ind. Decisions - More on "ACLU to appeal loss in BMV case"
This April 25th ILB entry quoted from an Indianapolis Star story reporting that "ACLU of Indiana will appeal a court ruling that allows the state to revoke driver's licenses if information on them doesn't match Social Security records." This afternoon...Posted by Marcia Oddi on Friday, June 06, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 10 NFP)
For publication opinions today (2): In Old Republic Insurance Company v. RLI Insurance Company, et al , a 17-page opinion, Judge Najam writes:Old Republic Insurance Company (“Old Republic”) appeals the trial court’s order denying Old Republic’s motion for summary judgment...Posted by Marcia Oddi on Friday, June 06, 2008
Thursday, June 05, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 14 NFP) [Updated, now 15 NFP]
For publication opinions today (2): In Cherokee Air v. Burlington Insurance Co. , a 10-page opinion, Chief Judge Baker writes:Appellant-defendant Cherokee Air Products, Inc., f/k/a Tippmann Pneumatics, Inc., L.P. (Cherokee), appeals the trial court’s order setting aside its previous entry...Posted by Marcia Oddi on Thursday, June 05, 2008
Wednesday, June 04, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 8 NFP)
For publication opinions today (1): In Michael J. Gomez v. Alissa M.Gomez, an 11-page opinion, Judge Riley writes:Father raises two issues for our review, which we restate as: (1) Whether the trial court abused its discretion when it admitted the...Posted by Marcia Oddi on Wednesday, June 04, 2008
Ind. Decisions - "Attempted murder conviction upheld"
Sophia Vorovong of the Lafayette Journal Courier reports today on the Court of Appeals decision yesterday in the case of State of Indiana v. Shannon Hollars (see ILB entry here - 6th case). Some quotes:Shannon L. Hollars, 46, has been...Posted by Marcia Oddi on Wednesday, June 04, 2008
Tuesday, June 03, 2008
Ind. Decisions - Court of Appeals issues 6 today (and 10 NFP)
For publication opinions today (6): In Term. of Parent-Child Rel. of A.B., and Angela B. and Brian J. v. Lake Co. Dept. of Child Services - a 15-page opinion, the Court reverses an involuntary termination of parental rights, on the...Posted by Marcia Oddi on Tuesday, June 03, 2008
Saturday, May 31, 2008
Ind. Courts - "Conviction overturned in minor-drinking case"
The Fort Wayne Journal Gazette has a brief report today on Thursday's COA NFP decision in the case of Hostetler v. State:The Indiana Court of Appeals on Friday overturned the conviction of a LaGrange County man who threw a party...Posted by Marcia Oddi on Saturday, May 31, 2008
Friday, May 30, 2008
Ind. Decisions - Court of Appeals issues 5 today (and 17 NFP)
For publication opinions today (5): In John R. Myers, II v. State of Indiana , a 44-page opinion, Judge Bradford writes:Today we state once again that a defendant is entitled to a fair trial, not a perfect trial. Concluding the...Posted by Marcia Oddi on Friday, May 30, 2008
Thursday, May 29, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 15 NFP)
For publication opinions today (2): In In the Matter of the Adoption of D.C.; H.R. v. R.C., a 16-page opinion, Judge Bradford writes:Appellant-Respondent H.R. (“Biological Mother”) appeals the trial court’s order denying her motion to set aside an adoption decree...Posted by Marcia Oddi on Thursday, May 29, 2008
Wednesday, May 28, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 11 NFP)
For publication opinions today (0): NFP civil opinions today (4): Bayview Trading Group v. City of Marion Board of Public Works & Safety, and Downtown City Center (NFP) - "Based on the facts and circumstances before us, we conclude that...Posted by Marcia Oddi on Wednesday, May 28, 2008
Tuesday, May 27, 2008
Ind. Decisions - Court of Appeals issues 7 today (and 16 NFP)
For publication opinions today (7): In Robert Thornberry v. City of Hobart, a 20-page opinion, Cheif Judge Baker writes:Appellant-plaintiff Robert Thornberry appeals the trial court’s grant of summary judgment in favor of appellee-defendant City of Hobart (Hobart) regarding the termination...Posted by Marcia Oddi on Tuesday, May 27, 2008
Friday, May 23, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 24 NFP)
For publication opinions today (1): In Irmscher Suppliers, Inc. v. Capital Crossing Bank, a 9-page opinion, Judge Crone writes:Irmscher Suppliers, Inc. (“Irmscher”), appeals the trial court’s final judgment of foreclosure in favor of Capital Crossing Bank (“Capital Crossing”). We affirm....Posted by Marcia Oddi on Friday, May 23, 2008
Thursday, May 22, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 1 NFP)
For publication opinions today (0): NFP civil opinions today (0): NFP criminal opinions today (1): Kevin Moncrief v. State of Indiana (NFP)...Posted by Marcia Oddi on Thursday, May 22, 2008
Wednesday, May 21, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 1 NFP)
For publication opinions today (0): NFP civil opinions today (1): Invol. Term. of Parent-Child Rel. of N.S., and Dorothy M. v. Marion Co. Dept. of Child Services, and Child Advocates (NFP) - "The DCS established by clear and convincing evidence...Posted by Marcia Oddi on Wednesday, May 21, 2008
Ind. Decisions - "State court cuts 100-year cocaine term"
That is the headline to a story today by Niki Kelly of the Fort Wayne Journal Gazette, reporting on the Court of Appeals NFP decision yesterday in the case of Sharico Devon Blakely v. State of Indiana. In the opinion,...Posted by Marcia Oddi on Wednesday, May 21, 2008
Tuesday, May 20, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 16 NFP)
For publication opinions today (3): In JPMorgan Chase Bank N.A. v. Laura & Dennis Brown, et al, an 8-page opinion, Chief Judge Baker writes:The parties’ arguments require us to interpret Indiana Code section 28-9-4-2. Specifically, we must determine whether a...Posted by Marcia Oddi on Tuesday, May 20, 2008
Monday, May 19, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 4 NFP)
For publication opinions today (0): NFP civil opinions today (2): In Hawkeye Charter Service, Inc., and Terry Garoutte v. Damax, Inc., and National Flight Service, Inc. (NFP), a 33-page opinion, Judge Crone writes:Hawkeye Charter Service, Inc. (“Hawkeye”), and Terry Garoutte,...Posted by Marcia Oddi on Monday, May 19, 2008
Sunday, May 18, 2008
Ind. Decisions - Supreme Court hears arguments on retroactive broadening of sex offender-registry requirements
As noted at that end of this ILB entry from May 15th:The Indiana Supreme Court heard oral arguments at 9:45 am today [Thursday] in two challenges to the registration requirement of the sex offender law. See the writeup from Monday's...Posted by Marcia Oddi on Sunday, May 18, 2008
Friday, May 16, 2008
Ind. Decisions - Court of Appeals issues 7 today (and 12 NFP)
For publication opinions today (7): In Frederick W. Dennerline, III and Fillenwarth, Dennerline, Groth & Towe v. Jim Atterholt, Insurance Commissioner of the State of Indiana as Liquidator of Indiana Construction Industry Trust (ICIT), a 37-page opinion, first note footnote...Posted by Marcia Oddi on Friday, May 16, 2008
Thursday, May 15, 2008
Ind. Decisions - More on "Court limits sex offender residency law"
Updating this ILB entry from yesterday, May 14th, on the Court of Appeals decision in the case of State of Indiana v. Anthony Pollard, Sophia Vorovong of the Lafayette Journal & Courier, who has reported extensively on this issue, writes...Posted by Marcia Oddi on Thursday, May 15, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 31 NFP)
For publication opinions today (3): Kerry L. Meredith v. State of Indiana - "The State has filed a petition for rehearing asking that we reconsider our holding that the trial court abused its discretion when it admitted into evidence cocaine...Posted by Marcia Oddi on Thursday, May 15, 2008
Wednesday, May 14, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 9 NFP)
For publication opinions today (0): NFP civil opinions today (2): Sonnie Ebikwo v. Linda Robbins and Jeffrey Huff (NFP) - "Pro-se Appellant-Defendant Sonnie Ebikwo (“Ebikwo”) appeals a small claims court judgment awarding Appellees-Plaintiffs Linda Robbins (“Robbins”) and Jeffrey Huff (“Huff”)...Posted by Marcia Oddi on Wednesday, May 14, 2008
Ind. Decisions - "Court limits sex offender residency law"
The Court of Appeals decision yesterday in the case of State of Indiana v. Anthony Pollard is the subject of several stories today. (See ILB entry here - 3rd case.) Jeff Parrott reports in the South Bend Tribune:The Indiana Court...Posted by Marcia Oddi on Wednesday, May 14, 2008
Tuesday, May 13, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 12 NFP)
For publication opinions today (3): In Gary Tapely II v. State of Indiana , a 5-page opinion, Judge May writes:Gary Tapely II was convicted of Class D felony possession of two or more precursors with the intent to manufacture methamphetamine....Posted by Marcia Oddi on Tuesday, May 13, 2008
Monday, May 12, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 2 NFP)
For publication opinions today (0): NFP civil opinions today (1): Term. of Parent-Child Rel. of S.F. and D.L., and Sherry F., David F., and David L. v. Porter Co. Dept. of Child Services (NFP), a 22-page opinion, Judge Crone writes:Appellant...Posted by Marcia Oddi on Monday, May 12, 2008
Saturday, May 10, 2008
Ind. Decisions - "Appeals court rules laser hair removal is not health care"
The May 8th Court of Appeals opinion in the case of OB-GYN Associates of Northern Indiana, P.C. v. Tammy Ransbottom (see ILB summary here - 5th case) is the subject of a story today by Jeff Parrott of the South...Posted by Marcia Oddi on Saturday, May 10, 2008
Friday, May 09, 2008
Ind. Decisions - Court of Appeals issues 5 today (and 19 NFP)
Yesterday the Court of Appeals posted 29 opinions, today there are 24 more. Get out your reading glasses! For publication opinions today (5): In Belden, Inc., and Belden Wire & Cable v. American Electronic Components, Inc., a 22-page opinion, Judge...Posted by Marcia Oddi on Friday, May 09, 2008
Thursday, May 08, 2008
Ind. Decisions - Court of Appeals issues 5 today (and 24 NFP)
More details to follow For publication opinions today (5): In Town of Georgetown v. Edwards Community, Inc. et al , an 11-page opinion, Judge Mathias writes:The Town of Georgetown (“the Town”) appeals the order of the Floyd Circuit Court imposing...Posted by Marcia Oddi on Thursday, May 08, 2008
Ind. Decisions - Still more on: Court of Appeals reverses murder convictions under Indiana’s Criminal Rule 4(C)
Updating this ILB entry from April 13th on the COA decision in the case of Robert Jeffrey Pelley v. State of Indiana, the South Bend Tribune reports today:The office of Attorney General Steve Carter has asked the Indiana Supreme Court...Posted by Marcia Oddi on Thursday, May 08, 2008
Ind. Decisions - "State court upholds Portage police response at residence"
Monday's NFP COA decision in the case of John Zane v. City of Portage and Clifford Brich, et al (see ILB summary here - 3rd case) is the subject of a story today by James D. Wolf Jr. in the...Posted by Marcia Oddi on Thursday, May 08, 2008
Wednesday, May 07, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 14 NFP)
For publication opinions today (3): In Herman Filice v. State of Indiana , a 26-page opinion, Chief Judge Baker writes:Rohypnol, a notorious date rape drug, causes temporary amnesia by inducing extreme feelings of intoxication in a user. The facts of...Posted by Marcia Oddi on Wednesday, May 07, 2008
Ind. Decisions - Monday COA opinions now available; 1 (and 5 NFP)
For publication opinions Monday (1): In Robert R. Gregory, Jr. v. State of Indiana, a 20-page opinion, Judge Bailey writes:Appellant-Defendant Robert R. Gregory, Jr. (“Gregory”) appeals following his convictions and sentence for Dealing Methamphetamine, as a Class B felony, and...Posted by Marcia Oddi on Wednesday, May 07, 2008
Tuesday, May 06, 2008
Ind. Decisions - "Anger left after false jailing, tossed suit"
The April 16th NFP Court of Appeals opinion in the case of James V. Lemmon, et al v. James A. Herman, et al (see ILB entry here - 7th case) is the subject of a story in the Fort Wayne...Posted by Marcia Oddi on Tuesday, May 06, 2008
Ind. Decisions - "Court upholds firing of Hammond police sergeant"
The April 30th Court of Appeals NFP decision in the case of Timothy A Thomas v. City of Hammond was the subject of a story by Patrick Guinane yesterday in the NWI Times:The Indiana Court of Appeals has upheld the...Posted by Marcia Oddi on Tuesday, May 06, 2008
Monday, May 05, 2008
Ind. Decisions - Not yet available [Updated]
Apparently there are Court of Appeals opinions today, but they have not yet been made available online via the Court website. Check back. [Update at 6:30 pm] The Court Opinions Page now has this banner at the top:Newly published appellate...Posted by Marcia Oddi on Monday, May 05, 2008
Saturday, May 03, 2008
Ind. Decisions - More on: Court of Appeals revives suit challenging state's school finance system [Updated]
Updating this entry yesterday on the Court of Appeals decision in the case of Joseph Bonner et al v. Mitch Daniels et al, Lesley Stedman Weidenbener of the LJC reports today: The Indiana Court of Appeals yesterday reinstated a case...Posted by Marcia Oddi on Saturday, May 03, 2008
Friday, May 02, 2008
Ind. Decisions - Court of Appeals revives suit challenging state's school finance system
For publication opinions today (1): In Joseph Bonner et al v. Mitch Daniels et al, a 40-page, 2-1 opinion, Judge Riley writes:Appellants-Plaintiffs, Philip-Anthony Bonner, a minor, by his parents and next friends, Joseph and LaTanya Bonner, et al., On Behalf...Posted by Marcia Oddi on Friday, May 02, 2008
Thursday, May 01, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)
For publication opinions today (1): Jeffrey Buckley v. State of Indiana - "Jeffrey Buckley appeals his conviction of Carrying a Handgun Without a License,1 as a class C felony. The sole issue presented on appeal is whether the trial court...Posted by Marcia Oddi on Thursday, May 01, 2008
Ind. Decisions - Sentence of Pendleton woman for shooting her husband to death while he slept upheld
Yesterday's COA opinion in the NFP criminal case, Kathy Jo Ward v. State of Indiana, is the subject of a story in the Anderson Herald Bulletin by Shawn McGrath. Some quotes:The Indiana Court of Appeals on Wednesday upheld the 30-year...Posted by Marcia Oddi on Thursday, May 01, 2008
Wednesday, April 30, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 21 NFP), including an appeal lost in the Clerk's office until last month [UPDATED]
For publication opinions today (3): In Cory Pierce, Judith McIntosh, Thomas Ferrara, Judy Willis, et al v. State of Indiana Dept. of Correction, et al , a 28-page opinion, Judge Sharpnack writes:Cory Pierce, Judith McIntosh, Thomas Ferrara, Judy Willis, Linda...Posted by Marcia Oddi on Wednesday, April 30, 2008
Tuesday, April 29, 2008
Ind. Decisions - Court of Appeals issues 6 today (and 5 NFP)
For publication opinions today (6): In General Casualty Insurance Co. v. Diana Bright, a 5-page opinion, Judge Sharpnack writes:General Casualty Insurance Company (“General Casualty”) appeals the trial court’s grant of Diana Bright’s motion to dismiss. General Casualty raises one issue,...Posted by Marcia Oddi on Tuesday, April 29, 2008
Ind. Decisions - "Appeals court upholds Glenn murder conviction"
The April 15th decision of the Court of Appeals in the case of Ronald Glenn v.State of Indiana (see ILB entry here - 3rd case) was the subject of a story yesterday in the Martinsville Reporter-Times by Keith Rhoades. A...Posted by Marcia Oddi on Tuesday, April 29, 2008
Monday, April 28, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)
For publication opinions today (1): In Jon S. Johnson v. Stephon Blackwell, et al , a 12-page opinion, Judge Vaidik writes:Following his conviction in federal district court for possession with intent to distribute crack cocaine, the Seventh Circuit reversed Jon...Posted by Marcia Oddi on Monday, April 28, 2008
Friday, April 25, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 4 NFP)
For publication opinions today (2): In Kenneth Hay v. Wanda J. Hay, a 5-page opinion, Judge Barnes writes:Kenneth raises two issues, which we consolidate and restate as whether the trial court properly ordered the sale of property that Kenneth held...Posted by Marcia Oddi on Friday, April 25, 2008
Thursday, April 24, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 10 NFP)
For publication opinions today (0): NFP civil opinions today (2): Susan Crager v. John Crager (NFP) - "Appellant-respondent Susan Ann Crager appeals the decree of dissolution of her marriage to appellee-petitioner John Crager, as modified by the trial court’s ruling...Posted by Marcia Oddi on Thursday, April 24, 2008
Wednesday, April 23, 2008
Ind. Decisions - Court of Appeals issues 5 today (and 11 NFP)
For publication opinions today (5): In Prime Mortgage USA, Inc. and David M. Law v. Delie T. Nichols, a 67-page (!) opinion, Judge Robb writes:Prime Mortgage USA, Inc. (“Prime”), and David Law (referred to collectively as the “Defendants”) appeal following...Posted by Marcia Oddi on Wednesday, April 23, 2008
Tuesday, April 22, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 16 NFP)
For publication opinions today (3): In Jamie L. Freyn v. State of Indiana, a 4-page opinion, defendant appeals his sentence for domestic battery, as a Class D felony, Ind. Code § 35-42-2-1.3. Judge Riley writes:Freyn argues that the trial court...Posted by Marcia Oddi on Tuesday, April 22, 2008
Monday, April 21, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 6 NFP)
For publication opinions today (0): NFP civil opinions today (2): In Town & Country Ford, Inc. v. Robin A. Davis (NFP), a 6-page opinion, Judge Vaidik writes:In this small claims action, the trial court, in construing an installment contract for...Posted by Marcia Oddi on Monday, April 21, 2008
Friday, April 18, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 11 NFP)
For publication opinions today (1): In Robert & Melinda Sexton, Stephanie & Craig Flinn, David & Gail Helt, et.al. v. Jackson County Board of Zoning Appeals and members, et.al., an 11-page opinion, the dispositive issues were:I. whether the trial court...Posted by Marcia Oddi on Friday, April 18, 2008
Ind. Decisions - "Memorandum Decisions Reclassified as For Publication"
This is great. I just noticed it today, although it may have been up for much longer. It is something this blog in the past has mentioned as needed. The Indiana Appellate Opinions page now has a link to a...Posted by Marcia Oddi on Friday, April 18, 2008
Ind. Decisions - "Who gets bill for juvenile facilities?"
Yesterday afternoon a panel of the Indiana Court of Appeals heard oral arguments in the case of Marion County, et al vs. State of Indiana, et al.. (See ILB "Upcoming oral arguments" entry, from April 14th.) Jeff Parrott of the...Posted by Marcia Oddi on Friday, April 18, 2008
Thursday, April 17, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 26 NFP)
For publication opinions today (2): In Thelma M. Nornes v. Raymond M. Nornes , a 6-page opinion, Judge Kirsch writes:Thelma M. Nornes (“Wife”) appeals the trial court’s Decree of Dissolution claiming that the trial court abused its discretion in dividing...Posted by Marcia Oddi on Thursday, April 17, 2008
Wednesday, April 16, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 13 NFP)
For publication opinions today (3): Arthur Harris v. State of Indiana - "Attempted voluntary manslaughter with a deadly weapon is a Class A felony and carries the same penalty as attempted murder. See IC 35-41-5-1; IC 35-42-1-3. Because prosecutions for...Posted by Marcia Oddi on Wednesday, April 16, 2008
Ind. Decisions - "Appeals court rules against Hyte board"
April 8th's COA ruling in the case of Charles Hyte Comm. Center Assoc. of Terre Haute v. City of Terre Haute Park Board (ILB summary here) was the subject of a brief story yesterday in the Terre Haute Tribune Star....Posted by Marcia Oddi on Wednesday, April 16, 2008
Ind. Decisions - "Court sides with teacher accused of slapping girl"
Yesterday's 2-1 Court of Appeals decisions in the case of State of Indiana v. Paula J. Fettig (see ILB entry here, second case) is featured on the front page of today's Indianapolis Star, in a lengthy story reported by Jon...Posted by Marcia Oddi on Wednesday, April 16, 2008
Tuesday, April 15, 2008
Ind. Decisions - Court of Appeals issues 5 today (and 8 NFP)
For publication opinions today (5): Margarita Overholtzer v. Mark S. Overholtzer - "Margarita raises one issue on appeal, which we restate as: Whether the trial court properly decided that Margarita is not entitled to her share of the cost of...Posted by Marcia Oddi on Tuesday, April 15, 2008
Monday, April 14, 2008
Ind. Decisions - Court of Appeals issues 5 today (and 16 NFP)
For publication opinions today (5): In Patrick A. Cleary, M.D., and Ball Memorial Hospital v. Konnie A. Manning, on Her Own Behalf and as the Personal Representative of Paul Manning, Deceased, a 10-page opinion, Judge Barnes writes:Dr. Patrick Cleary and...Posted by Marcia Oddi on Monday, April 14, 2008
Sunday, April 13, 2008
Ind. Decisions - More on: Court of Appeals reverses murder convictions under Indiana’s Criminal Rule 4(C)
Updating this ILB entry from April 8th, re the Court of Appeals decision last week in Robert Jeffrey Pelley v. State of Indiana, Pablo Ros of the South Bend Tribune reported April 9th:The trial of a Lakeville man convicted of...Posted by Marcia Oddi on Sunday, April 13, 2008
Friday, April 11, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 12 NFP)
For publication opinions today (3): In AGS Capital Corp., Inc., et. al. v. Product Action International, LLC, a 42-page, 2-1 opinion on an interlocutory appeal re the trial court’s grant of preliminary injunction to Product Action International, LLC, Judge bailey...Posted by Marcia Oddi on Friday, April 11, 2008
Ind. Courts - "Conviction is upheld in '06 Allen murder," most notable because mother took court records
Rebecca S. Green of the Fort Wayne Journal Gazette reports today on the Court of Appeals decision yesterday in the case of Daniel Favela v. State of Indiana (NFP):In September 2006, a jury convicted Daniel Favela, 30, of murder in...Posted by Marcia Oddi on Friday, April 11, 2008
Ind. Decisions - Court of Appeals rules case against ex-priest can go on
Sue Loughlin of the Terre Haute Trib-Star reports today:An Indiana appeals court has given a green light to a civil lawsuit that alleges a former Catholic priest sexually abused a boy and the Archdiocese of Indianapolis covered up the priest’s...Posted by Marcia Oddi on Friday, April 11, 2008
Thursday, April 10, 2008
Ind. Decisions - Court of Appeals issues 6 today (and 19 NFP)
For publication opinions today (6): In James Hicks v. Gary and Judy Larson, a 12-page, 2-1 opinion concerning grandparent visitation, Judge Mathias writes:Gary and Judy Larson filed in Gibson Circuit Court a petition for grandparent visitation. The Larsons (“Grandparents”) are...Posted by Marcia Oddi on Thursday, April 10, 2008
Ind. Decisions - COA panel hears arguments at Indiana University Southeast
Yesterday's oral argument before a Court of Appeals panel in the case of Charles Sweeney vs. State of Indiana, heard at Indiana University Southeast, is the subject of a story this morning by Dick Kaukas of the Louisville Courier Journal....Posted by Marcia Oddi on Thursday, April 10, 2008
Wednesday, April 09, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 3 NFP)
For publication opinions today (1): Roy Bennett v. State of Indiana - "The trial court sentenced Bennett to a term of two years for each of the Class D felonies, and to a term of seven years for two of...Posted by Marcia Oddi on Wednesday, April 09, 2008
Tuesday, April 08, 2008
Ind. Decisions - Court of Appeals reverses murder convictions under Indiana’s Criminal Rule 4(C)
Today's Court of Appeals 26-page, 2-1 decision in Robert Jeffrey Pelley v. State of Indiana is the subject of this story this evening via South Bend's TV 16. Some quotes:Jeff Pelley was found guilty by a jury in 2006 for...Posted by Marcia Oddi on Tuesday, April 08, 2008
Ind. Courts - COA hears oral arguments in Hammond
Yesterday morning a panel of the Indiana Cuort of Appeals heard oral arguments in the case of Gladys E. Tobias vs. Margaret & Thomas Mannella in a courtroom in Hammond Indiana. (The case was listed in Monday's ILB "Oral arguments...Posted by Marcia Oddi on Tuesday, April 08, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 15 NFP)
For publication opinions today (3): In Charles Hyte Comm. Center Assoc. of Terre Haute v. City of Terre Haute Park Board, an 8-page opinion, Judge Vaidik writes:The Charles T. Hyte Community Center Association of Terre Haute, Inc. (“Hyte”) appeals the...Posted by Marcia Oddi on Tuesday, April 08, 2008
Monday, April 07, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 4 NFP)
For publication opinions today (0): NFP civil opinions today (0): NFP criminal opinions today (4): Jack L. Smith, Sr. v. State of Indiana (NFP) Michael Wilson v. State of Indiana (NFP) Isaiah Mosby v. State of Indiana (NFP) Travis Eppert...Posted by Marcia Oddi on Monday, April 07, 2008
Friday, April 04, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 7 NFP), including a criminal appeal lost in the Clerk's office for nearly sixteen months
For publication opinions today (1): In David Keown v. Cynthia Marie Keown, a 13-page opinion, Chief Judge Baker writes:If a trial court orders a party to sell the marital residence, can it take into account the amount of necessary repairs...Posted by Marcia Oddi on Friday, April 04, 2008
Thursday, April 03, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 4 NFP), including an interlocutory appeal lost in the Clerk's office for eight months
For publication opinions today (2): In State of Indiana v. Harold Lewis, a 10-page opinion, Judge Crone writes:On interlocutory appeal, the State challenges the granting of a motion in limine filed by defendant Harold Lewis. The State asserts that in...Posted by Marcia Oddi on Thursday, April 03, 2008
Ind. Decisions - "Dad wins due-process appeal: Parental rights wrongly severed"
Yesterday's COA decision in the case of Term. of Parent-Child Rel. of S.F. and J.F., and Michael Farley v. Allen County Child Services (ILB entry here) is the subject of a story today in the Fort Wayne Journal Gazette. Reporter...Posted by Marcia Oddi on Thursday, April 03, 2008
Wednesday, April 02, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 6 NFP)
For publication opinions today (2): In Term. of Parent-Child Rel. of S.F. and J.F., and Michael Farley v. Allen County Child Services, a 15-page opinion, Judge Barnes writes:Michael Farley appeals the termination of his parental rights to his children, J.F....Posted by Marcia Oddi on Wednesday, April 02, 2008
Tuesday, April 01, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 7 NFP)
For publication opinions today (1): In Michael R. Craig v. State of Indiana, an 11-page opinion, Judge Barnes concludes:The trial court erroneously denied Craig’s motion to withdraw his guilty plea because the double enhancement was improper based on Mills. There...Posted by Marcia Oddi on Tuesday, April 01, 2008
Monday, March 31, 2008
Ind. Decisions - Court of Appeals issues 4 today (and 19 NFP)
For publication opinions today (4): In Sally Gibbs, et al v. Jack David Kashak, et al , a 9-page opinion, Judge May writes:Sally Gibbs and Jack David Kashak are siblings and the beneficiaries of their parents’ trusts. Jack served as...Posted by Marcia Oddi on Monday, March 31, 2008
Friday, March 28, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 10 NFP)
For publication opinions today (0): NFP civil opinions today (2): Caroletta H. and Stephen T. v. Howard County Department of Child Services (NFP) - "In sum, we conclude that the alleged procedural irregularities in the underlying CHINS proceedings did not...Posted by Marcia Oddi on Friday, March 28, 2008
Thursday, March 27, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 3 NFP), including an appeal lost in the Clerk's office for two years
For publication opinions today (1): In Karen Berry Williams v. State of Indiana, a 9-page opinion, Chief Judge Baker writes:Appellant-defendant Karen R. Berry Williams appeals the revocation of her probation, claiming that the trial court’s failure to advise her that...Posted by Marcia Oddi on Thursday, March 27, 2008
Wednesday, March 26, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 12 NFP)
For publication opinions today (1): In Jaimen Scruggs v. State of Indiana , a 6-page opinion, Judge Najam writes:Jaimen Scruggs appeals her conviction for Neglect of a Dependent, as a Class A misdemeanor, following a bench trial. She presents a...Posted by Marcia Oddi on Wednesday, March 26, 2008
Tuesday, March 25, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 1 NFP)
For publication opinions today (2): In Jeffrey Kochis v. City of Hammond, Indiana, et al, a 12-page opinion, Judge Darden writes:Jeffrey Kochis appeals the trial court’s order granting summary judgment to City of Hammond, Indiana (“City”); Fire Department of the...Posted by Marcia Oddi on Tuesday, March 25, 2008
Ind. Decisions - "Driver's DWI tossed on appeal"
The Court of Appeals' decision yesterday in the case of State of Indiana v. Christopher L.Rager (see ILB entry here - 4th case) is the subject of a story by Niki Kelly in today's Fort Wayne Journal Gazette. Some quotes:Police...Posted by Marcia Oddi on Tuesday, March 25, 2008
Monday, March 24, 2008
Ind. Decisions - Court of Appeals issues 4 today (and 6 NFP) [Corrected]
For publication opinions today (4): Andrew Joseph Scott v. State of Indiana - "We conclude that the probable cause affidavit was properly filed and that the associated search warrant was supported by sufficient probable cause. Moreover, we conclude that information...Posted by Marcia Oddi on Monday, March 24, 2008
Sunday, March 23, 2008
Ind. Decisions - "Condo owners fail to win damages: Claimed Kamm Island span blocked their river view"
Reporting on the Court of Appeal's March 20th opinion in Center Townhouse Corp et. al. v. City of Mishawaka (ILB entry here, 3rd case), Marti Goodlad Heline writes today for the South Bend Tribune:Five years ago, owners of condominiums near...Posted by Marcia Oddi on Sunday, March 23, 2008
Friday, March 21, 2008
Ind. Decisions - "Jill Behrman murder trial unfair, lawyer tells appeals court"
Oral arguments were heard yesterday, March 20th, before a panel of the Court of Appeals in the case of John R. Myers, II vs. State of Indiana. Myers is the man convicted of killing IU student Jill Behrman, whose "body...Posted by Marcia Oddi on Friday, March 21, 2008
Thursday, March 20, 2008
Ind. Decisions - Court of Appeals issues 12 today (and 24 NFP)
For publication opinions today (12): Kevin Taylor v. State of Indiana - "Based upon the evidence submitted to the post-conviction court, the court did not err in finding that Taylor failed to establish that he received ineffective assistance of trial...Posted by Marcia Oddi on Thursday, March 20, 2008
Ind. Decisions - Court of Appeals Court upholds Terre Haute City Council election
Reporting today on Tuesday's COA decision in the case of Dan Lockard v. Charles Miles and John Mullican, where Lockard failed to win despite the fact that his opponent had died after his his name was placed on the ballot,...Posted by Marcia Oddi on Thursday, March 20, 2008
Wednesday, March 19, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 9 NFP)
For publication opinions today (1): In JP Morgan Chase Bank N.A. v. Desert Palace, Inc., and Opbiz, LLC, a 15-page opinion, Judge Kirsch writes:JPMorgan Chase Bank, N.A. (“Chase”) appeals the trial court’s dismissal of its action against Desert Palace, Inc....Posted by Marcia Oddi on Wednesday, March 19, 2008
Ind. Decisions - "Judges in custody cases consider parent's availability, time"
Pablo Ros of the South Bend Tribune writes today about the Court of Appeals January 14th decision in the case of Julie Ratliff v. Bryan Ratliff (NFP) - see ILB entry here, 2nd case. The lengthy story begins:SOUTH BEND --...Posted by Marcia Oddi on Wednesday, March 19, 2008
Tuesday, March 18, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 18 NFP)
For publication opinions today (1): In Dan Lockard v. Charles Miles and John Mullican , a 10-page opinion, Judge Vaidik writes:Dan Lockard appeals the trial court’s order denying his petition for election contest. Specifically, Lockard argues that the death of...Posted by Marcia Oddi on Tuesday, March 18, 2008
Ind. Decisions - "DeBoy's killer wins appeal" is the headline
The Court of Appeals decision March 14th in the case of Cesar De La Rosa v. State of Indiana (NFP) is the subject of a story today reported by Curt Slyder in the Lafayette Journal and Courier, that begins:The Indiana...Posted by Marcia Oddi on Tuesday, March 18, 2008
Monday, March 17, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 1 NFP)
For publication opinions today (1): In Rebecca Cox v. Harry Cox, a 10-page, 2-1 opinion, Sr. Judge Sullivan writes:Appellant Rebecca Cox (“Wife”) appeals the trial court’s grant of Appellee Harry Cox’s (“Husband”) petition for modification of a maintenance order. We...Posted by Marcia Oddi on Monday, March 17, 2008
Friday, March 14, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 3 NFP)
For publication opinions today (1): In Knghtstown Banner, LLC v. Town of Knightstown, Governmental Insurance Managers, Inc., et al , a 24-page opinion, Judge Friedlander writes:This is the second time this lawsuit between Knightstown Banner, LLC (the Newspaper) on one...Posted by Marcia Oddi on Friday, March 14, 2008
Wednesday, March 12, 2008
Ind. Decisions - Court of Appeals issues 6 today (and 17 NFP)
For publication opinions today (6): In Steve Carter v. City of East Chicago, Indiana, East Chicago Second Century, Inc., Michael A. Pannos, et al , an 8-page opinion, Judge May writes:The Indiana Attorney General appeals the dismissal of its counterclaim...Posted by Marcia Oddi on Wednesday, March 12, 2008
Tuesday, March 11, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 13 NFP)
For publication opinions today (3): In State of Indiana on the Relation of the Indiana State Police v. Chad Arnold, a 10-page opinion, Judge Darden concludes:Indiana Code section 35-38-5-1(f) provides that the trial court shall grant a petition for expungement...Posted by Marcia Oddi on Tuesday, March 11, 2008
Monday, March 10, 2008
Ind. Decisions - "U. S. Steel Disappointed By Indiana Court of Appeals Ruling "
Friday's Court of Appeals opinion in the case of Northern Indiana Public Service Company v. United States Steel Corporation, (see ILB summary here - 2nd case) has occasioned a press release today from U.S. Steel, including the following:The decision, handed...Posted by Marcia Oddi on Monday, March 10, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 1 NFP)
For publication opinions today (3): In George Snell v. C.J. Jenkins Enterprises, Inc., and Charles D. Jenkins, an 8-page opinion, the issue is whether appellant-plainiff, who delivered newspapers, was an independent contractor. Judge Bradford writes:Upon appeal, Snell claims that the...Posted by Marcia Oddi on Monday, March 10, 2008
Friday, March 07, 2008
Ind. Decisions - Court of Appeals issues 6 today (and 17 NFP)
For publication opinions today (6): In Tony A. Bell v. State of Indiana , a 13-page opinion, CJ Baker wrties:Appellant-defendant Tony A. Bell appeals his convictions for three counts of Dealing in Cocaine, a class A felony, and Possession of...Posted by Marcia Oddi on Friday, March 07, 2008
Thursday, March 06, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 2 NFP)
For publication opinions today (2): In Jerry and Becky French v. State Farm Fire & Casualty Co. and Jane Hodson, a 16-page opinion, Judge Najam writes:Jerry and Becky French (the “Frenches”) appeal from the trial court’s order granting summary judgment...Posted by Marcia Oddi on Thursday, March 06, 2008
Wednesday, March 05, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 6 NFP)
For publication opinions today (2): In Bryan Pierce v. Walter Martin , a 10-page opinion, Judge Sharpnack writes:Bryan Pierce appeals the denial of his petition for writ of habeas corpus filed against Walter Martin, Superintendent of the Miami Correctional Facility...Posted by Marcia Oddi on Wednesday, March 05, 2008
Tuesday, March 04, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 11 NFP)
For publication opinions today (2): In William E. Wright v. State of Indiana , a 13-page opinion, Judge Riley writes:Appellant-Petitioner, William E. Wright (Wright), appeals the post-conviction court’s denial of his petition for post-conviction relief. We reverse and remand. Wright...Posted by Marcia Oddi on Tuesday, March 04, 2008
Monday, March 03, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 6 NFP)
For publication opinions today (2): In Jenean Roland and Carl J. Roland v. Kristen Shelton, a 14-page opinion, the inssue was whether the federal law pre-emplted state law claims re seatbelt design. Sr. Judge Hoffman writes:In support of their view...Posted by Marcia Oddi on Monday, March 03, 2008
Friday, February 29, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 14 NFP)
For publication opinions today (3): Common Council of Michigan City, Indiana v. Board of Zoning Appeals of Michigan City, Indiana, James Masters, Esq., et al Charles D. Trigg v. Erin Leigh Al-Khazali Invol. Term. of Parent-Child Rel. of A.J., A.G.,...Posted by Marcia Oddi on Friday, February 29, 2008
Thursday, February 28, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 7 NFP)
For publication opinions today (3): In Noah Bailey v. State Farm Mutual Automobile Insurance Company, a 17-page opinion, Judge Robb writes:Noah Bailey appeals following a jury trial at which the jury found for the defendant below, State Farm Mutual Automobile...Posted by Marcia Oddi on Thursday, February 28, 2008
Wednesday, February 27, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 11 NFP)
For publication opinions today (1): Ramifications of problems in the Clerk's Office continue. In Lake Cnty. Election Board & Registration, Myrna Maldonado, Richard Medina & Juda Parks v. Anthony Copeland, a 7-page opinion, Judge Vaidik writes:Lake County Board of Elections...Posted by Marcia Oddi on Wednesday, February 27, 2008
Tuesday, February 26, 2008
Ind. Decisions - Court of Appeals issues 5 today (and 16 NFP)
For publication opinions today (5): In John L. Richardson v. Susan E. Hansrote , an 18-page opinion, Judge Najam writes:John L. Richardson (“Father”) appeals the trial court’s order denying his post-dissolution motion for rule to show cause why Susan E....Posted by Marcia Oddi on Tuesday, February 26, 2008
Monday, February 25, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 6 NFP)
For publication opinions today (2): In Kevin Book v. State of Indiana , a 23-page opinion, Chief Judge Baker writes:In this case, we explore the delicate balance between a trial judge’s authority to efficiently control the court proceedings and a...Posted by Marcia Oddi on Monday, February 25, 2008
Saturday, February 23, 2008
Ind. Decisions - "Ruling goes against St. Joseph juvenile court"
The Feb. 19th COA opinion in the case of KLN v. State of Indiana (see ILB summary here, 4th case) is the subject of a long report today by Pablo Ros of the South Bend Tribune. Some quotes:SOUTH BEND --...Posted by Marcia Oddi on Saturday, February 23, 2008
Friday, February 22, 2008
Ind. Decisions - Court of Appeals issues 4 today (and 10 NFP)
For publication opinions today (4): Ronnie Manigault v. State of Indiana - "We find no abuse of discretion in admitting the cocaine where 1) Manigault’s initial detention was valid under both the federal and state constitutions; 2) Trooper Smith subsequently...Posted by Marcia Oddi on Friday, February 22, 2008
Thursday, February 21, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 7 NFP)
For publication opinions today (0): NFP civil opinions today (1): In Kenneth McClanahan v. Tammy Mason (NFP), a 10-page opinion, Judge Mathias writes:Kenneth McClanahan (“McClanahan”) sued Tammy Mason (“Mason”) in Floyd Circuit Court for damages he allegedly sustained in an...Posted by Marcia Oddi on Thursday, February 21, 2008
Wednesday, February 20, 2008
Ind. Decisions - Court of Appeals issues 6 today (and 15 NFP)
For publication opinions today (6): Mark Liddy v. Kathleen Liddy - "We find that a party opposing emancipation pursuant to Indiana Code § 31-16-6-6(a)(2) bears the burden of proving incapacitation. However, there is no indication that the trial court improperly...Posted by Marcia Oddi on Wednesday, February 20, 2008
Tuesday, February 19, 2008
Ind. Decisions - Court of Appeals issues 6 today (and 12 NFP)
For publication opinions today (6): In Gary School Corporation v. Tom Powell , a 9-page opinion, Chief Judge Baker writes:Tom Powell worked for Gary Community School Corporation (Gary) as a full-time teacher and a part-time football coach. After taking a...Posted by Marcia Oddi on Tuesday, February 19, 2008
Monday, February 18, 2008
Ind. Decisions - Court of Appeals issues 2 today (and 5 NFP)
For publication opinions today (2): In Awilda Gonzalez v. Wal-Mart , a 10-page opinion, Chief Judge Baker writes:Awilda Gonzalez and Antonio Laguna married in 1987 but eventually separated and maintained different residences. Two months after starting a new job, Antonio...Posted by Marcia Oddi on Monday, February 18, 2008
Friday, February 15, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 2 NFP)
For publication opinions today (1): In Andrew Reinhardt v. State of Indiana, a 7-page opinion, Sr. Judge Sullivan writes:Andrew Reinhardt (Reinhardt) was charged with Dealing Cocaine as a Class A felony alleging that he “did knowingly deliver cocaine to a...Posted by Marcia Oddi on Friday, February 15, 2008
Thursday, February 14, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 12 NFP)
For publication opinions today (1): In Fredrick A. Zitlaw v. State of Indiana. a 20-page, 2-1 opinion, with the dissent beginning on p. 14, Judge Sharpnack writes:Fredrick A. Zitlaw appeals the trial court’s denial of his motion to dismiss. Zitlaw...Posted by Marcia Oddi on Thursday, February 14, 2008
Wednesday, February 13, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 10 NFP)
For publication opinions today (1): In Todd H. Phillips v. Dee Anne (Phillips) Delks , a 19-page opinion, Judge Vaidik writes:Todd H. Phillips (“Husband”), pro se, appeals the trial court’s finding that he is in contempt of the Decree of...Posted by Marcia Oddi on Wednesday, February 13, 2008
Tuesday, February 12, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 3 NFP)
For publication opinions today (0): NFP civil opinions today (2): Invol.Term. of Parent/Child Rel. of B.P., and C.P. v. Lake Co. Dept. of Child Svc. and Lake Co. CASA (NFP) - "Christine P. (“Mother”) appeals the involuntary termination of her...Posted by Marcia Oddi on Tuesday, February 12, 2008
Monday, February 11, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 9 NFP)
For publication opinions today (1): In an 11-page opinion in a case involving the question of whether the Indiana Utility Regulatory Commission can trump (or finesse) the requirement of approval by US EPA, Application of South Haven Sewer Works, Inc.,...Posted by Marcia Oddi on Monday, February 11, 2008
Ind. Decisions - ILB plays catch-up with last Thurs. and Fri. COA opinions
Here they are: The Thurs., Feb. 7, 2008 case summaries. The Fri., Feb. 8, 2008 case summaries....Posted by Marcia Oddi on Monday, February 11, 2008
Saturday, February 09, 2008
Ind. Decisions - "Former UE professor loses appeal"
Referencing the Jan. 29 NFP of the COA in the case of William M. Felsher v. University of Evansville, University of Evansville Press and Dr. George C. Klinger (see ILB entry here - 4th case), Mark Wilson reported Friday in...Posted by Marcia Oddi on Saturday, February 09, 2008
Friday, February 08, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 17 NFP)
For publication opinions today (3): In Charles Downey Family Limited Partnership v. S & V Liquor, Inc. , a 15-page opinion, Judge Barnes writes:Charles Downey Family Limited Partnership (“CDFLP”) appeals the amount of damages it was awarded in its eviction...Posted by Marcia Oddi on Friday, February 08, 2008