Ex-YCMA, school worker appeals 120-year child molesting sentence
A Jeffersonville man is appealing his 120-year prison sentence for molesting children while working at a YMCA and at an elementary school.
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Man pleads guilty in Jeffersonville businessman’s killing
A man accused in the October slaying of a businessman in southern Indiana during a robbery has pleaded guilty to murder.
New DCS laws bringing changes to agency, foster parent system
Holding her infant foster daughter, attorney Kiamesha Colom explained in simple terms a 13-page bill that revamps parts of Indiana’s foster care system. Come July 1, she and her husband, like other long-term foster parents around the state, will be able to have more of a say in the care and protection of their baby.
Appellate panel considers med-mal claim in wrongful death suit
An appellate panel considered Wednesday whether a healthcare facility employee’s act of kicking a resident, resulting in his death, could be shielded from liability under the Indiana Medical Malpractice Act.
Reversal: Wife was wrongly denied protective order hearing
A woman alleging domestic violence at the hands of her husband will have another chance to make her case for a protective order against him after the Indiana Court of Appeals ordered a trial court to conduct a new hearing.
Reversal: Man’s death does not moot real estate judgment lien
The death of a Rush County man whose parents deeded him and their granddaughter 46 acres of property in 1985 does not moot a judgment lien attached to the property, the Indiana Court of Appeals ruled Friday, reversing the trial court.
Susan Brooks to step down from Congress after fourth term
Indiana Rep. Susan Brooks, a Republican who has represented Indiana’s 5th District since 2013, announced Friday morning that she will not run for a fifth term in Congress.
First Merchants Bank settles federal lawsuit alleging redlining
Muncie-based First Merchants Bank has settled a federal lawsuit, following U.S. Department of Justice allegations that the bank engaged in lending discrimination by redlining predominantly African-American neighborhoods in Indianapolis.
Opinions June 13, 2019
Indiana Court of Appeals
Bryce A. Burton v. Martin Benner and Indiana State Police
19A-CT-135
Civil tort. Reverses the Benton Circuit Court’s grant of partial summary judgment in favor of Indiana State Police Trooper Martin Benner in Bryce A. Burton’s lawsuit arising from a personal injury motorcycle crash. Finds the trial court erred by finding as a matter of law that Benner was acting within the scope of his employment at the time of the crash. Remands for proceedings.
Evansville CNA gets probation for slipping anxiety meds into seniors’ food
A Vanderburgh County nursing aid has been sentenced to more than two years of probation after slipping anxiety medication into the food of senior citizens she was charged with caring for.
Neighbors ask for rehearing on Right to Farm Act dispute
Supporters and opponents are mobilizing after the neighbors of an 8,000-hog farm in Hendricks County asked the Indiana Court of Appeals to reconsider its earlier ruling that found their nuisance claim based on the “noxious odors” from the farming operation was barred under Indiana’s Right to Farm Act.
Judge: DOC must pay $538K in ‘egregious’ death penalty records case
The Indiana Department of Correction’s refusal to disclose to the public information concerning the means it would use to execute a condemned criminal will cost taxpayers more than a half-million dollars in attorney fees, a judge has ruled.
Judgment for trooper in motorcycle crash suit reversed
A motorcyclist injured in a crash after he attempted to evade a head-on collision with an oncoming state police trooper’s vehicle will have his day in court after the Indiana Court of Appeals reversed a trial court ruling for the officer.
Jury convicts woman of killing abducted South Bend mom in 1988
A St. Joseph County jury has convicted a woman of murder in the 1988 beating death of a pregnant mother abducted while walking her dog in northern Indiana.
Man can reject insanity defense in ex-girlfriend’s slaying
A judge in Jeffersonville has ruled a man accused of killing his ex-girlfriend and eating parts of her body can reject an insanity defense.
Prison sentence affirmed in malnourished boy’s death
The Indiana Court of Appeals has affirmed an eight-year prison term for a man who pleaded guilty in Vigo Superior Court to neglect in the death of a malnourished 9-year-old boy with cerebral palsy.
Judge rejects request to block records in woman’s death
A southwestern Indiana judge has rejected a man’s request to block the release of records on authorities’ investigation into his daughter’s 2014 disappearance and death.
Indiana teen gets 45 years for fatally stabbing mother
An Indiana teenager accusing of stabbing her mother more than 60 times has been sentenced to 45 years in prison.
Reversal: Delay unreasonable in invoking mortgage acceleration clause
The Indiana Court of Appeals has reversed a trial court’s order that foreclosed a couple’s interest in two mortgaged properties, finding a mortgage banking company was unreasonably delayed in invoking a promissory note’s acceleration clause.
Opinions June 12, 2019
Indiana Court of Appeals
Cody A. Stinson v. State of Indiana
18A-CR-2925
Criminal. Affirms Cody Stinson’s conviction of Level 1 felony attempted murder, Level 5 felony battery with a deadly weapon and his adjudication as a habitual offender. Finds the Allen Superior Court did not abuse its discretion in admitting statements under the excited utterance exception to the rule against hearsay. Also finds the trial court did not abuse its discretion when it allowed the state to ask the victim leading questions during direct examination.