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Opinions Dec. 5, 2018

Indiana Supreme Court
Kevin Andrew Schuler v. State of Indiana
31S00-1703-LW-134
Life without parole. Affirms the Harrison Superior Court’s conviction of Kevin Shuler for murder. Finds Shuler’s Miranda rights were not violated, there was sufficient evidence to support his 65-year sentence, and Shuler’s sentence is appropriate. Remands for a new, more specific sentencing statement consistent with Harrison v. State.

Majority justices: RV dealer must pay taxes in ‘sham’ transactions

A northern Indiana recreational vehicle dealer who tried to avoid paying Indiana sales tax on out-of-state transactions by moving the RVs into Michigan before handing over the keys to customers must repay those taxes after a divided Indiana Supreme Court entered summary judgment in favor of the Indiana Department of Revenue.

COA denies sentence modification to parolee

A Monroe County man gave the Indiana Court of Appeals a case of first impression when he sought to have his sentence for his child molesting conviction modified after he had already served his time and had been discharged to parole.

Murder convictions affirmed, remanded for sentencing statement

Indiana Supreme Court justices affirmed a man’s two murder convictions, finding his Miranda rights were not violated and that his sentence was appropriate. However, the high court remanded for a more specific sentencing statement as required.

COA: Lake County court overstepped in awarding fees in Illinois case

A Lake County court lacked jurisdiction to award nearly $2 million in attorney fees arising from a permanently injured man’s Illinois worker’s compensation case. The Indiana Court of Appeals on Wednesday vacated the judge’s order on fees entered in the man’s guardianship case.

Murder conviction after drug deal gone wrong stands

The Indiana Court of Appeals affirmed a man’s conviction of two counts of murder despite his arguments that one of the deaths was unforeseeable at the time of the drug-deal gone wrong in South Bend.

Appellate courts seek extra $1M for legal aid, technology

Citing a need to further invest in Indiana’s civil legal aid infrastructure, the Indiana Supreme Court is asking the General Assembly to allocate an additional $1 million to the court in the next biennial budget to fund civil legal aid efforts.

Indiana ACLU sues East Allen Schools over LGBTQ club

The American Civil Liberties Union of Indiana last week aided a group of more than 30 East Allen County high school students when it filed a lawsuit against the school corporation, claiming it had imposed “undue, unequal burdens” an LGBTQ+ organization. 

Opinions Dec. 4, 2018

Indiana Supreme Court
Lori Barcroft v. State of Indiana
18S-CR-135
Criminal. Affirms Lori Barcroft’s conviction of guilty but mentally ill in the murder of Jaman Iseminger. Finds that evidence of Barcroft’s demeanor, taken together with the flaws in the expert opinion testimony and the absence of a well-documented history of mental illness, was sufficient to support an inference of sanity. Also finds that a factfinder may discredit expert testimony and rely instead on other probative evidence from which to infer a defendant’s sanity. Justice Christopher Goff dissents with separate opinion, which Justice Geoffrey Slaughter joins.

Indiana Supreme Court calls for review of bar exam

Amid slumping passage rates, the Indiana Supreme Court has created a special commission to review the state’s bar exam and make recommendations for changes in format or content, including whether to modify what is considered a passing score.

COA affirms dismissal of annexation fiscal plan challenge

The Indiana Court of Appeals affirmed the dismissal of a Dayton resident’s complaint for declaratory judgment against the town when it found meritless her assertions that a fiscal plan for a proposed annexation was “inadequate.”

Pat down search at overdose scene not improper, COA says

The Indiana Court of Appeals affirmed a man’s conviction and sentence for dealing in a narcotic drug after it concluded his Fourth Amendments rights were not violated, nor was his sentence inappropriate.

Divided justices uphold guilty but mentally ill verdict in Southport pastor’s murder

A bench verdict of guilty but mentally ill against a woman twice convicted — and twice cleared by reason of insanity – in the 2012 shooting of a Southport pastor will stand after a majority of the Indiana Supreme Court found sufficient demeanor evidence to reject the woman’s insanity defense. But the two-justice dissent pointed to testimony from three experts to support their opinion that Lori Barcroft was unable to appreciate the wrongfulness of her conduct at the time of Jaman Iseminger’s murder.

Citing lackluster briefing, court gives trooper another chance in panhandler’s suit

Lamenting the “limited utility” of the parties’ briefing on cross-motions for summary judgment, a district court judge has denied summary judgment to an Indiana State Police trooper sued after arresting a man for a form of panhandling but is giving him another chance to defeat a summary judgment ruling in favor of the arrestee.