Indiana Supreme Court
David Bleeke v. Bruce Lemmon, in his capacity as Commissioner of the Indiana Department of Correction; Thor R. Miller, as Chairman of the Indiana Parole Board; et al.
Civil plenary. Reverses the trial court’s grant of summary judgment in favor of the parole board with respect to Bleeke’s additional parole conditions 4, 5, 17, 19 and 20, and remands with instructions that it enter an order enjoining the parole board from enforcing those conditions. Summarily affirms the Court of Appeals opinion with respect to its analysis of Bleeke’s additional parole conditions 8, 15, 17 and 19, and his challenges to Ind. Code §§ 11-13-3-4(g) and 35-42-4-11, and remands with instructions that the trial court also enter an order enjoining the parole board from enforcing conditions 8 and 15 unless it clarifies them first, and enjoining the parole board from enforcing those statutory parole conditions derived from the unconstitutionally overbroad labeling of Bleeke as an “offender against children.” Affirms the trial court’s grant of summary judgment in favor of the parole board with respect to Bleeke’s remaining additional conditions. Affirms the trial court’s grant of summary judgment to the parole board with respect to Bleeke’s claims about the constitutionality of the Sex Offender Management and Monitoring Program.
Indiana Court of Appeals
Daniel Dodd v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony burglary; two counts of Class D felony theft; Class D felonies possession of a schedule IV controlled substance, unlawful possession of a legend drug, and unlawful sale of a legend drug; and possession of marijuana as a Class A misdemeanor.
Katrina Baker v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony robbery.
Jeffrey L. Daniel v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for Class A felony burglary resulting in serious bodily injury.
Ontorio Frye v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A misdemeanor operating a vehicle while intoxicated and Class B misdemeanor disorderly conduct.
Philip H. Chamberlain v. State of Indiana (NFP)
Criminal. Reverses order Chamberlain pay $15,000 in restitution. Because a restitution order cannot be based on an incident for which a defendant is not convicted and the court can’t determine from the trial record what Chamberlain’s counterfeiting conviction covers, the case is remanded for a determination of the amount of restitution, if any, the victim is entitled to for his counterfeiting conviction only.
Jimmy Isbell v. State of Indiana (NFP)
Criminal. Affirms sentence for Class A felony neglect of a dependent.
Bryan J. Fields v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony theft.
Chas J. Harper v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief and remands to the trial court with instructions to correct the sentencing order, abstract of judgment and chronological case summary to reflect that the 30-year habitual offender enhancement serves as an enhancement of Harper’s Class A felony dealing in methamphetamine sentence.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of M.P., Minor Child, and her Father M.J.P., M.J.P. v. Indiana Department of Child Services (NFP)
Juvenile. Affirms termination of parental rights.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.