New Albany man gets 65 years for fatally beating friend
A judge Thursday sentenced a southern Indiana man to 65 years in prison for fatally beating a friend whom prosecutors said also was tortured.
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Opinions June 1, 2018
Indiana Court of Appeals
BioConvergence, LLC, and Alisa K. Wright v. Julie Menefee
53A04-1708-PL-1810
Civil plenary. Affirms the denial of attorney fees sought by BioConvergence in an investor lawsuit brought by Julie Menefee. An indemnity provision in the parties' contract for ownership shares did not explicitly permit an award of attorney fees nor refer to the recovery of attorney fees in an indemnity action. Accordingly, reversal is not warranted.
Attorney fee denial affirmed in investor’s unsuccessful lawsuit
An investor in a life sciences company who lost the bulk of her $400,000 investment won’t have to pay nearly twice that amount to lawyers who represented the company that prevailed in part in a countersuit against her.
Ex-Ball State professor gets probation for child porn
A former Ball State University math instructor has been has been sentenced to four years of probation on his convictions of child pornography and other charges stemming from his alleged use of a campus computer to access images of nude children.
Protesters voice opposition to immigrant family separation
Protesters gathered outside the Indianapolis office of the U.S. Attorney for the Southern District of Indiana on Friday, joining a nationwide day of action in support of immigrants’ rights and against a Trump administration policy that separates children from their asylum-seeking parents at the U.S.-Mexico border.
Faegre taps new leader for Indianapolis office
Kathy Osborn, a commercial litigator and trial attorney, has been named the leader of the Indianapolis office for Faegre Baker Daniels LLP. She replaces Murray Clark who now leads the law firm’s government advocacy group.
ACLU-Indiana to hold immigration rally at U.S. Attorney’s Office
American Civil Liberties Union of Indiana plans a noon rally Friday in opposition to U.S. Border Patrol and Immigration and Customs Enforcement policies carrying out the Trump administration’s family separation order.
Father sues DCS over son’s death in Morgan County
A father is accusing the Indiana Department of Child Services of being complicit in the death of his 5-year-old son, who died in the care of his mother and her boyfriend. A lawsuit in Morgan Superior Court contends the agency received at least 11 reports of suspected abuse before the 2016 death of Brayson Price.
Friends, colleagues laugh and cry during Barnes’ retirement ceremony
Two emotions ran high during the retirement ceremony honoring Indiana Court of Appeals Judge Michael Barnes on Thursday: sadness and joy. Judges and lawyers from across the state gathered at the Indiana statehouse Thursday afternoon to pay tribute to Barnes, who will leave the court on Friday.
Opinions May 31, 2018
Indiana Court of Appeals
Tyler Dale Knutson v. State of Indiana
12A04-1709-CR-2246
Criminal. Reverses the denial of Tyler Dale Knutson’s motion to dismiss his charge of Level 5 felony unlawful possession of a syringe. Finds the offense of unlawful possession of a syringe cannot be enhanced to a Level 5 felony based on a prior conviction pursuant to Indiana Code section 16-42-19-27, but can only be charged as a Level 6 felony. Remands with instructions to dismiss the Level 5 felony enhancement.
COA affirms denial of attorney mom’s request to relocate child
A mother who lives in Maryland but whose child lives in Hamilton County has lost her bid to relocate the child to the eastern state, with the Indiana Court of Appeals finding that awarding physical custody to the child’s Indiana father was in the child’s best interests.
COA: Syringe offense not subject to felony enhancement
A felony enhancement against a Clinton County man convicted of possessing a syringe must be dismissed after the Indiana Court of Appeals found the man’s offense is not subject to an enhancement.
CHINS adjudication reversed; children not seriously endangered
The Indiana Court of Appeals reversed a trial court’s adjudication of children in need of services, finding the mother’s struggle for stable housing and her positive drug tests did not meet the Indiana Supreme Court’s standard that the children were seriously endangered. The mother told case workers she was an attorney.
Amended rules unveiled for Marion County Small Claims
The proposed amended rules for the Marion County Small Claims Courts have been publicly posted as part of the transition to becoming courts of record beginning July 1. Comments on the proposed rules will be accepted until June 29.
Justices weigh waiver of juvenile right to attend delinquency hearings
Juveniles involved in delinquency proceedings have a constitutional right to be present at the fact-finding hearings against them. But can that right be waived? And if so, how? The Indiana Supreme Court wrestled with those questions in a case argued Thursday.
Court reverses NIPSCO industrial user rate increase
The Indiana Utility Regulatory Commission relied on the wrong metrics to calculate a rate increase passed on to large industrial users, the Indiana Court of Appeals ruled Thursday, reversing the rate hike.
COA rejects Proportionality Clause claim, affirms 35-year sentence
A man convicted of multiple felony counts in 2011 and sentenced to an aggregate of 35 years in prison failed to convince the Indiana Court of Appeals that he was entitled to post-conviction relief under a Proportionality Clause theory.
Word ‘upon’ leads COA to toss obstructed-windshield conviction
A man’s infraction conviction for violating a windshield-obstruction law was thrown out Thursday by the Indiana Court of Appeals, which held that the plain meaning of the statute meant he couldn’t be convicted despite trash, clothes, food and other items piled from the floor to the ceiling of his vehicle.
7th Circuit refuses to dismiss congressman’s corruption charges
The 7th Circuit Court of Appeals in Chicago refused to dismiss corruption charges against former U.S. Rep. Aaron Schock, saying Wednesday that it can’t legally assess whether his prosecution violated constitutional separation-of-powers clauses until after his trial.
Retiring COA Judge Barnes honored with celebration today
The Indiana Court of Appeals will honor retiring Judge Michael Barnes at a celebration Thursday afternoon, just one day before the judge will step down from the bench.