Legal News

Opinions July 31, 2014 ILD

July 31, 2014
Indiana Court of Appeals
Marlon D. McKnight v. State of Indiana (NFP)
20A03-1308-PC-333
Post conviction. Affirms denial of petition for post-conviction relief.

Tobin Pettiet v. State of Indiana (NFP)
02A03-1312-CR-510
Criminal. Affirms three-year sentence for pleading guilty to domestic battery, a Class D felony.

Joshua W. Sanford v. State of Indiana (NFP)
82A01-1312-CR-552
Criminal. Affirms conviction of theft, as a Class D felony.

Ronald Williams v. State of Indiana (NFP)
02A03-1311-CR-451
Criminal. Affirms conviction of murder and executed sentence of 65 years.

Terry Lee Carr v. State of Indiana (NFP)
90A05-1311-CR-548
Criminal. Affirms conviction of Class D felony theft.

Robert Hubbard v. State of Indiana (NFP)
02A05-1312-CR-622
Criminal. Affirms six-year aggregate sentence for pleading guilty to Class D felony residential entry and Class D felony invasion of privacy and status as a habitual offender.

Justin Stephens v. State of Indiana (NFP)
49A05-1312-CR-598
Criminal. Affirms conviction of Class B misdemeanor public intoxication.  

Mark McCoy v. State of Indiana (NFP)
49A05-1310-CR-531
Criminal. Affirms convictions for three counts of child molesting, Class A felonies, and one count each for criminal confinement, intimidation, and child molesting, all Class C felonies.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.  
 
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Appeals panel: Trust’s real property bequeath by later writing invalid

July 31, 2014
Dave Stafford
A panel of the Indiana Court of Appeals ruled Thursday that a mother’s specific gift of real property incorporated into trust documents was an invalid method of willing it to heirs.
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Absence of a plan foils development proposal

July 31, 2014
Marilyn Odendahl
A plan commission did not overstep its authority when it turned down a proposal to build a 300-unit apartment complex, in part, because the developer did not submit a preliminary plan for the project.
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Asset forfeiture dispute divides appeals panel

July 31, 2014
Dave Stafford
An order transferring to the federal government money seized from a criminal defendant was deemed proper by the Indiana Court of Appeals Thursday, though a dissenting judge said the defendant didn’t even know the order had been issued until nearly two years later.
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7th Circuit remands denial of request for crack cocaine sentence reduction

July 31, 2014
Dave Stafford
A man sentenced to 30 years in federal prison for his role as a Gary gang member who sold large quantities of crack cocaine will have a new shot at a sentence modification, as will the judge who wrote that the defendant may have been linked to several gang-related murders.
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COA tosses in absentia conviction of Army private

July 31, 2014
Marilyn Odendahl
A 20-year-old U.S. Army private had his conviction for underage drinking overturned because Hendricks Superior Court denied his motion for a continuance and held the trial while he was deployed in Afghanistan.
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Former Marion Superior court administrator takes UIndy post

July 31, 2014
Dave Stafford
The former administrator of Marion Superior Courts has taken a key position directing the growth of the University of Indianapolis.
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Venue change granted for Indy house blast suspect

July 31, 2014
 Associated Press
A judge granted a change of venue Wednesday for the trial of one defendant in a deadly Indianapolis house explosion after prosecutors dropped their objection.
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Insurance dispute divides Court of Appeals

July 30, 2014
Marilyn Odendahl
A split Indiana Court of Appeals reversed a trial court’s finding that a landlord was not covered by the tenant’s insurance policy.
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Order to demolish home reversed by Court of Appeals

July 30, 2014
Marilyn Odendahl
A couple whose lakeside house was built at a different elevation than specified in the site development plan will not be able to call the wrecking crew yet.
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Requiring deaf mom to sign doesn’t violate due process

July 30, 2014
Dave Stafford
A mother whose parental rights were terminated was not denied due process when a judge who couldn’t understand her spoken testimony required her to sign to an interpreter who then spoke her responses aloud.
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Hamilton County clerk voluntary dismissed from same-sex marriage appeal

July 30, 2014
Marilyn Odendahl
One Indiana county clerk has withdrawn from the state’s fight to maintain its ban on same-sex marriage.
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Court affirms judgment for NIPSCO in easement dispute

July 30, 2014
Dave Stafford
A trial court was correct in awarding a northern Indiana utility company $245,858 for the cost of reconstructing power lines on a new easement after prior owners had mined sand on the prior easement, making servicing poles difficult.
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Court affirms denial of post-conviction relief

July 30, 2014
Dave Stafford
An Elkhart County man twice convicted and sentenced to 50 years in prison on drug convictions was not improperly denied post-conviction relief, the Indiana Court of Appeals ruled Wednesday.
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Denial of summary judgment affirmed in wrongful death case

July 30, 2014
Dave Stafford
A doctor and a South Bend healthcare facility must stand trial on a wrongful death claim, the Indiana Court of Appeals held Wednesday, affirming a trial court’s denial of summary judgment.
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Law firm sued over med-mal fees prevails on appeal

July 30, 2014
Dave Stafford
An Indianapolis law firm was properly granted summary judgment in a lawsuit brought by a former client in a medical malpractice lawsuit, the Indiana Court of Appeals ruled Wednesday.
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Soldiers get $92M in debt relief under settlement

July 30, 2014
 Associated Press
Thirteen states, including Indiana, have settled an investigation into improper lending with a court agreement that is expected to provide $92 million in debt relief for 17,800 U.S. military personnel.
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Same-sex couples tell 7th Circuit Indiana’s marriage ban is discriminatory

July 30, 2014
Marilyn Odendahl
Plaintiffs challenging Indiana’s ban on same-sex marriage filed their appellate brief with the 7th Circuit Court of Appeals July 29, making their argument that the state’s marriage law violates their constitutional rights.
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Deputy’s ‘playful’ groin shot not cause for termination, COA affirms

July 30, 2014
Dave Stafford
A longtime Bartholomew County merit deputy disciplined after he “playfully shot a fellow officer in the groin with non-lethal training ammunition” was not fired for cause, the Indiana Court of Appeals ruled in affirming an administrative law judge’s determination the deputy was entitled to unemployment benefits.
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Feds cite Indiana Medicaid fraud unit over notices

July 30, 2014
 Associated Press
A federal agency found that the Indiana attorney general's office didn't give proper notice in nearly a quarter of the Medicaid fraud cases it helped prosecute in recent years.
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Processing issue delays bar exam submissions in multiple states

July 30, 2014
 Associated Press
Florida-based testing software provider ExamSoft Worldwide Inc. said a processing issue has caused delays for bar exam takers in multiple states who were submitting their answers.
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Decision against travel bureau over domain name draws sharp dissent on appeal

July 30, 2014
Dave Stafford
An Indiana Court of Appeals judge recently wrote that her colleagues who formed the majority to rule against a local tourism board were “out of touch,” and she suggested a case over an Internet domain name presented a novel issue that no court in the country has addressed.
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New partnerships require a shared vision, bit of nerve

July 30, 2014
Dave Stafford
Lawyers who’ve teamed up to start firms as partnerships say putting their professional names and reputations on the line together takes mutual trust, respect, a shared vision, and a fair amount of nerve.
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Metrics create benchmarks for 'granular' evaluations of lawyer performance

July 30, 2014
Dave Stafford
Metrics measuring attorney and law firm performance have exploded in recent years, and trend watchers say the implications for the industry are only beginning to be felt.
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State agencies claim information protected by deliberative process privilege

July 30, 2014
Marilyn Odendahl
An acrimonious fight between an Indiana businessman and the Indiana Department of Revenue has not only forced the Indiana Tax Court to take the unusual step of getting involved in the discovery process but also created a case of first impression.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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