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Murder conviction stands for man who beat toddler to death

A man convicted of beating a 2-year to death failed to convince the Indiana Court of Appeals that his 65-year sentence should be reversed, concluding that the trial court did not misinterpret the terms of his plea agreement.

Opinions April 11, 2019

The following Indiana Tax Court opinion was published after IL deadline Wednesday:
Tony W. Smith and Shirlena Smith v. Indiana Department of State Revenue
49T10-1605-TA-13
Tax. Grants Tony and Shirlena Smith’s motion for partial summary judgment against the Indiana Department of State Revenue. Finds the department’s modifications to the Smiths’ adjusted gross income tax liabilities for 2005 through 2007 were limited to the final modifications made by the Internal Revenue Service to resolve the federal audit for those years. Orders the court to schedule a case management conference with the parties to discuss pretrial matters and scheduling. 

Brady becomes second woman judge to join Northern Indiana District Court

Exactly one year to the day after she was nominated for the federal bench, Fort Wayne attorney Holly Brady was confirmed Wednesday as a judge on the U.S. District Court for the Northern District of Indiana. She is the first judge to join the court since May 2010 and just the second woman to serve as a judge in that district.

WikiLeaks’ Assange faces US charge after London arrest

A bearded and shouting Julian Assange was pulled from the Ecuadorian Embassy in London and hauled into court Thursday, the start of an extradition battle for the WikiLeaks founder who faces U.S. charges related to the publication of tens of thousands of secret government documents.

Justices hear probable cause questions in case of $60K seized cash

Questions of whether probable cause existed for law enforcement to seize more than $60,000 in cash from a FedEx package were heard before the Indiana Supreme Court on Thursday, with an attorney for the state urging justices to overturn recent precedent to allow the seizure.

Public was not barred from man’s trial, COA rules

A man who argued the public was barred from his trial was denied an appeal of his drug-related convictions Thursday after an appellate panel confirmed that his Sixth Amendment right to a public trial was not violated.

Tax Court rules for gamblers in interpretation of federal modification

The Indiana Tax Court granted partial summary judgment to two professional gamblers who received unwanted adjustments to their adjusted gross income tax liabilities after the court concluded the Indiana Department of State Revenue’s interpretation of federal modification was unreasonable.

Greenwood HOA fight goes back to trial court for damages hearing

A long-running fight over homeowner association fees and how they were assessed in a Greenwood housing development will return to a trial court to determine damages the HOA is entitled to from a developer and homebuilder that paid no assessments for several years.

Despite ‘not good law’ dissent, COA affirms ruling against fired worker

A former hospital police officer who wrongly believed he had been subpoenaed to testify at an unemployment hearing and was subsequently fired has lost his appeal of a judgment in favor of his former boss, with a majority of the Indiana Court of Appeals finding the officer could not overcome the at-will employment doctrine. But a dissenting judge said the majority’s ruling is “not good law.”

Brady confirmed to Northern Indiana District Court

Fort Wayne attorney Holly Brady has been confirmed as a judge on the U.S. District Court for the Northern District of Indiana, becoming the first judge to join that jurisdiction since May 2010.

Opinions April 10, 2019

Indiana Court of Appeals
Tre Ron Smith v. State of Indiana
18A-CR-1633
Criminal. Affirms Tre Ron Smith’s Class A misdemeanor possession of a handgun conviction. Finds police had reasonable suspicion under the federal and state constitutions to conduct a Terry stop of Smith, and they did not exceed the permissible scope of such a stop. Also finds the trial court did not err when it allowed into evidence the firearm found in the search conducted after the Terry stop. Judge Melisa May dissents with separate opinion.

Reversal: No valid settlement in Crown Point bicycle crash

Years after three Crown Point bicyclists sued each other for negligence after a crash, the Indiana Court of Appeals reversed an order and implementation of a settlement agreement when it found the parties had never come to a valid agreement.

COA’s error leads to rehearing, affirmation of TPR reversal

The Indiana Court of Appeals admitted it made an erroneous statement in reversing a termination of parental rights order and granted the Department of Child Services’ request for a rehearing. But the appellate panel Wednesday affirmed its initial opinion, concluding the error had no bearing its original ruling that a mother’s due process rights were violated.

Despite snoozing juror, meth, theft convictions affirmed

Convictions for a man who attempted to make meth were upheld by an Indiana Court of Appeals panel Wednesday after it concluded no abuse of discretion occurred when a sleeping juror in his case was replaced, and that his argument for a new trial was waived.

Divided COA upholds weapons conviction after traffic stop

A man convicted on a weapons-related charge failed to convince the Indiana Court of Appeals to overturn his conviction, arguing unsuccessfully that officers unconstitutionally stopped him and searched his vehicle. A dissenting judge, however, believes officers lacked reasonable suspicion to stop the man.