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Wednesday, February 10, 2010
Ind. Decisions - Court of Appeals issues 1 today (and 12 NFP)
For publication opinions today (1):
Marshall Jackson v. Jeffrey A. Wrigley - "Jackson filed a § 1983 civil rights lawsuit seeking a declaration that Indiana’s offender visitation policy is unconstitutional because New Castle and other Indiana prison facilities permanently barred Jackson’s fiancée from entering an Indiana prison facility after she was caught trafficking contraband. Jackson sought to convince the facility to interpret the policy in a manner that allowed his fiancée to visit the facility for a marriage ceremony. * * *
"Because there is a genuine issue of material fact as to whether Jackson exhausted his administrative remedies, we reverse and remand for further proceedings."
NFP civil opinions today (3):
Lawane Chaney v. Clarian Health Partners, Inc. (NFP) - "Ronald Weldy, former counsel for Lawane Chaney, appeals from a trial court order entered in Chaney’s purported class action suit against Clarian Health Partners, Inc., which alleged violations of the Wage Payment Statute. Weldy presents three issues for review, but, as explained below, we address a single issue: whether the trial court abused its discretion when it imposed sanctions against Weldy under Trial Rule 37. We affirm in part and dismiss in part."
Term. of Parent-Child Rel. of N.M., A.M., and R.S.; K.S. v. IDCS (NFP)
Term. of Parent-Child Rel. of D.D.; A.G. v. IDCS (NFP)
NFP criminal opinions today (9):
State of Indiana v. Gregory Fuhrman (NFP) - "The State of Indiana appeals from the trial court's order suppressing evidence discovered after police officers, who were investigating a complaint about an underage drinking party, approached a building, knocked on the door, and once the door was opened saw minors in possession of alcohol inside. * * *
"Here, the officers' entry onto the property was for a legitimate reason, the investigation of an underage drinking party. The officers stayed in places where visitors would be expected to go. In the process of knocking on the door of the garage, a person inside opened the door, and from that vantage point the officers were able to see minors in possession of alcohol. We find that the officers' conduct did not violate article 1, section 11. Judgment reversed."
Douglas McClish v. State of Indiana (NFP)
Michael A. Davis v. State of Indiana (NFP)
Mark A. Amburgy v. State of Indiana (NFP)
Kimberley Hill v. State of Indiana (NFP)
Julie Skinner v. State of Indiana (NFP)
Anthony G. Mason v. State of Indiana (NFP)
Joshua Trentz v. State of Indiana (NFP)
Ovando Boyd v. State of Indiana (NFP)
Posted by Marcia Oddi on February 10, 2010 01:12 PM
Posted to Ind. App.Ct. Decisions