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Police investigate whether Tipton funeral home didn’t bury bodies

Police are investigating whether a central Indiana funeral director didn’t bury at least four bodies within a reasonable time as required by state law. State police say an inspection this month of Porter Funeral Home in Tipton by an examiner from the Indiana Professional Licensing Agency Board found four bodies in a non-refrigerated area, 11 death certificates hadn’t been issued and funeral director 62-year-old Kevin Porter’s license was expired.

Opinions June 20, 2019

Indiana Court of Appeals
James E. Martin, Jr. v. State of Indiana
18A-CR-2726
Criminal. Affirms the Vanderburgh Circuit Court’s issuance of a restitution order in the amount of $2,000 after James Martin Jr. pleaded guilty to Level 6 felony auto theft. Finds the restitution order is within the range of evidence presented as to the stolen vehicle’s pre-theft value and that there is sufficient evidence to support the order.

COA reduces counts in armed burglary of elderly Franklin couple

A man’s burglary conviction has been reduced from a Level 1 felony after he broke into an elderly couple’s Franklin home and bound them at gunpoint before stealing weapons, money and their car. An appellate panel concluded that injury to the elderly man’s mind did not qualify as a bodily injury.

Evidence supports convictions in Evansville auto-theft case

Auto-theft convictions have been upheld for a man who unsuccessfully argued that a vehicle he stole didn’t belong to its rightful owner. The man also failed to convince the Indiana Court of Appeals that the vehicle was worth less than the amount he was ordered to pay in restitution.

Man with intellectual disability freed from death sentence

An Arkansas man sentenced to death for murdering a teenage girl in Texas 25 years ago has been granted his petition for habeas corpus after a federal judge determined him to be ineligible for the death penalty due to his intellectual disability. The man will be resentenced in Texas.

Senior judges may endorse political candidates, JQC says

The Indiana Commission on Judicial Qualifications determined that senior judges may endorse candidates for public office, but retiring judges may not. The commission issued its advisory opinion in response to questions posed about endorsements of candidates for public office by retiring and senior judges.

High court: Sex offender law doesn’t violate Constitution

The U.S. Supreme Court says Congress didn’t do anything improper when it gave the attorney general the ability to decide how to apply a sex offender registry law to more than 500,000 people convicted before the law was enacted.

Opinions June 19, 2019

Indiana Court of Appeals
Golden Corral Corporation v. Kristina M. Lenart
18A-CT-704
Civil tort. Affirms the Clark Circuit Court’s award of $240,000 in damages on Kristina Lenart’s claim for negligence against Golden Corral Corporation for her claim of food poisoning. Finds the trial court did not abuse its discretion in allowing Dr. Julie Hutchinson to testify as an expert witness on Lenart’s behalf; in denying Golden Corral’s motion for judgment on the evidence; or by instructing the jury on spoliation and res ipsa loquitur. Also finds the trial court did not err in concluding Lenart’s claim was not governed by the Indiana Products Liability Act.

Justices grant emergency suspension against Lake County attorney

The Indiana Supreme Court Disciplinary Commission has been granted its request to immediately suspend a Lake County medical malpractice attorney for alleged misconduct. The court order did not specify the nature of the complaint against the Schererville lawyer.

Lawsuit: School’s transgender policy violated teacher’s religious beliefs

A Brownsburg music teacher who claims he lost his job because he refused to address transgender students by the first names of their choice has filed a federal lawsuit against the Brownsburg Community School Corporation for violating his First Amendment religious freedom and free speech rights.

$240K in damages upheld in Golden Corral food poisoning

An award of damages has been upheld for a woman who alleged negligence against a Golden Corral restaurant after she consumed undercooked chicken wings from its buffet that resulted in food poisoning and injuries requiring multiple surgeries.