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Opinions March 21, 2019

Indiana Court of Appeals 
David Hooker v. State of Indiana
18A-PC-2318
Post-conviction. Affirms the Vanderburgh Circuit Court’s denial of David Hooker’s petition for post-conviction relief on his conviction of Class C felony burglary. Finds Hooker failed to establish that the post-conviction court’s judgment was clearly erroneous. Judge L. Mark Bailey dissents witha separate opinion, finding Hooker’s plea was unreliable as a matter of law. 

Kavadias Schneider returning to Lake County bench as judge pro tempore

A recently retired Lake Superior Court judge will temporarily return to the bench as a judge pro tempore. The Indiana Supreme Court has appointed former Judge Diane Kavadias Schneider as judge pro tempore in Lake Superior Court, Civil Division 5, in preparation for an upcoming vacancy that will be left by Judge William E. Davis.

Bill targeting money stolen by public servants advances

Hoosiers impacted by the theft of money at the hands of public servants could find some relief if a bill that would allow them to dip into thieves’ public pension funds passes the Indiana Senate’s scrutiny.

Aggravators can’t include nonadjudicated juvenile actions, COA says

In granting a petition for rehearing Thursday, the Indiana Court of Appeals explicitly came down against using juveniles' nonadjudicated contacts with the criminal justice system as an aggravating factor in future sentencing. However, in light of other evidence of the petitioner’s criminal history, the court reaffirmed its prior decision to uphold a man’s sentence.

COA splits on definition of ‘squeezed’ in burglary case

A man’s assertion that he “squeezed through” an open door without the homeowner’s permission has left an appellate panel divided over whether the man properly pleaded guilty to burglary, resulting in a split conclusion that he still used unauthorized force to gain entry. 

Justice Thomas talks at court arguments, 1st time in 3 years

The Supreme Court was about to adjourn for the day when the Georgia baritone politely inquired of the lawyer at the lectern. Justice Clarence Thomas was breaking a three-year silence at high court arguments with a couple of questions in a case about racial discrimination in the South.

Plea set in Parke County crash that killed ex-Indiana sheriff, wife

A judge has set a plea hearing for a man accused in a drunken driving crash that killed a former western Indiana sheriff and his wife. Bryan Robertson’s jury trial was scheduled for April 8 on charges of driving while intoxicated causing death, but a Parke County judge set an April 11 change of plea and sentencing hearing Tuesday for Robertson at his attorney’s request.

Hobart ex-funeral home treasurer gets probation for misused funds

A former treasurer of a defunct northwestern Indiana funeral home who allegedly misused funds set aside for customers’ funerals has been placed on probation for a year and ordered to pay more than $15,000 in restitution. Jacqueline A. Kraft, 68, pleaded guilty Wednesday to one felony count of theft and was sentenced to a year in jail, but that sentence was suspended.

Opinions March 20, 2019

Indiana Court of Appeals
Andrew Lee Swain v. State of Indiana (mem. dec.)
18A-CR-1838
Criminal. Affirms Andrew Swain’s aggregate six-year sentence following the revocation of his probation and his guilty plea to Level 5 felony escape and Level 6 felony unlawful possession of a syringe. Finds the sentence is not inappropriate in light of the nature of the offenses and his character. Finds the Grant Superior Court did not abuse its discretion in not finding Swain’s mental illness to be a mitigating factor.

Indiana Paralegal Association celebrates 40 years

The Indiana Paralegal Association Inc. is celebrating its 40th anniversary and will be recognized by the Indiana Senate next month for its accomplishments in the legal profession.

COA considers denial of joint motion for mistrial

A traveling appellate panel heard argument concerning an “unusual” instance of a trial court’s denial of a joined motion for mistrial Tuesday, considering whether the state’s sudden change of position had any impact on the case going forward.

Justices to hear Lake County eminent domain case

The Indiana Supreme Court unanimously chose to hear two property-related cases, focusing on issues of eminent domain and deciding a case involving rental property fee exemptions for landlords in Bloomington and West Lafayette.

Valpo Law gets green light for closure plans

Valparaiso Law School has gained approval from the American Bar Association for its plan to teach the remaining students and award them J.D. degrees before the institution closes in 2020.

Credit time revocation bill moves to Holcomb’s desk

Community correction program directors caught between a rock and a hard place may get some breathing room if a bill that would allow the revocation of inmates’ credit time gets the governor’s signature.