`

Opinions

Opinions

ARTICLES

Opinions July 17, 2018

Indiana Court of Appeals
In the Termination of the Parent-Child Relationship of: T.H. (Minor Child), and B.H. (Father) and D.A. (Mother) v. Indiana Department of Child Services (mem. dec.)

18A-JT-423
Juvenile termination of parental rights. Affirms the Tippecanoe Superior Court’s termination of B.H. and D.A.’s parental rights. Finds the Indiana Department of Child Services presented sufficient evidence to support the termination of parental rights. 
Read More

Opinions July 16, 2018

Indiana Court of Appeals
Jermaine Jackson v. State of Indiana 

49A02-1712-CR-2899
Criminal. Affirms Jermaine Jackson’s conviction for Level 1 felony attempted murder, three counts of Level 6 felony criminal recklessness and Class A misdemeanor carrying a handgun without a license. Finds the Marion Superior Court did not abuse its discretion when it admitted evidence of his prior bad acts. Also finds the admission of evidence did not prejudice Jackson’s substantial rights. 
Read More

Opinions July 13, 2018

Indiana Court of Appeals
Michael A. Miller v. State of Indiana
28A01-1712-CR-2918
Criminal. Affirms Michael Miller’s second conviction of attempted murder. Finds the evidence was sufficient to support an inference that Miller acted with the specific intent to kill required to convict him of attempted murder. Also finds the Greene Circuit Court did not abuse its discretion by denying Miller’s motion for a change of judge on remand.
Read More

Opinions July 12, 2018

The following 7th Circuit Court opinion was posted after IL deadline on Wednesday.
Nicholas Knopick v. Jayco, Inc.

17-2285
Appeal from the United Stated District Court for the Northern District of Indiana, South Bend Division.
Judge Jon DeGuilio
Civil. Affirms summary judgment for recreational vehicle manufacturer Jayco. Finds the language in the warranty protects the company from having to cover work on vehicles that are purchased by a business, as Nicholas Knopick did when he bought the Jayco on behalf of the company he controlled. Rules the repairs to the Knopicks’ RV were “good will” repairs and did not waive the warranty’s terms.
Read More

Opinions July 10, 2018

Indiana Court of Appeals 
Diane Seiwert and 19942 Longview Drive, LLC v. Ty Brown and Brown Roofing Co. (mem. dec.) 

15A01-1707-PL-1616
Civil plenary. Affirms the Dearborn Superior Court’s judgment in favor of Ty Brown and Brown Roofing Company in the amount of $5,531.83. Finds the trial court did not err in finding that Diane Seiwert breached the parties’ contract when she instructed Brown to stop installing gutters on her home before completion and failed to pay for the work. 
Read More

Opinions July 9, 2018

Indiana Court of Appeals
In re Termination of the Parent-Child Relationship of: A.R. and E.R. (Minor Children) and W.G. (Mother) v. The Indiana Department of Child Services (mem. dec.)

18A-JT-508
Juvenile termination. Affirms the Wabash Circuit Court’s denial of W.G.’s motion to withdraw her consent to the adoption of her two minor children following the involuntary termination of her parental rights. Finds the juvenile court did not abuse its discretion when it found W.G.’s consent was voluntary and declined to grant her relief. 
Read More

Opinions July 5, 2018

Indiana Court of Appeals
Corey Bullock v. State of Indiana

49A05-1706-CR-1247
Criminal. Affirms Corey Bullock’s 50-year sentence for conviction of Level 1 felony murder and Level 6 felony neglect of a dependent resulting in serious bodily injury. Finds the Marion Superior Court did not enter judgment of conviction after Bullock’s first trial. Finds retrial is not barred if judgment of conviction is erroneously entered on the chronological case summary but then quickly vacated.
Read More

Opinions July 3, 2018

7th Circuit Court of  Appeals
Destiny Hoffman v. Susan Knoebel

17-2750
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Senior Judge Sarah Evans Barker.
Civil tort. Affirms dismissal of Hoffman’s proposed class action against former Clark County Drug Court Director Susan Knoebel and others for wrongful detentions. Finds that while the plaintiffs’ constitutional rights were violated during their time as participants in the Clark County DTC, plaintiffs cannot overcome the barriers to recovery against the four named defendants.
Read More

Opinions July 2, 2018

The following Indiana Supreme Court opinions were posted after IL deadline on Friday:
Brian L. Paquette v. State of Indiana

63S04-1709-CR-570
Criminal. Reverses two of Brian Paquette’s three conviction for felony resisting law enforcement. Finds Indiana Code section 35-44.1-3-1 authorizes only one conviction for felony resisting law enforcement where the defendant engages in a single act of resisting while operating a vehicle that causes multiple deaths. Remands for revised sentencing.
Read More