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Opinions April 13, 2018

The following Indiana Supreme Court opinion was posted after IL deadline Thursday:

Elizabeth Roumbos v. Samuel G. Vazanellis & Thiros and Stracci, PC
45S03-1710-CT-635
Civil tort. Reverses the grant of summary judgment to Samuel G. Vazanellis and Thiros and Stracci, P.C. on Elizabeth Roumbos’ legal malpractice claim. Finds Vazanellis and the law firm failed to negate the causation element of Roumbos’ malpractice claim by failing to establish as a matter of law that Roumbos would not have succeeded in her premises liability claim. Remands.

Supreme Court allows legal malpractice claim to continue

A legal malpractice claim against a suspended northern Indiana attorney and his firm will continue after the Indiana Supreme Court found a genuine issue of material fact as to whether the plaintiff’s premises liability claim would have succeeded had the firm not failed to timely file her complaint.

AP: Indiana GOP locked candidate out of database

Senate candidate Todd Rokita likely violated ethics laws as Indiana’s secretary of state by repeatedly accessing a Republican donor database from his government office, prompting party officials to lock him out of the system until he angrily complained, three former GOP officials told The Associated Press.

Opinions April 12, 2018

Indiana Supreme Court
Kristopher L. Weida v. State of Indiana
79S02-1711-CR-687
Criminal. Affirms and reverses in part probation conditions imposed on Kristopher Weida after he was convicted of incest with his teenage niece. Finds the probation condition restricting Weida from accessing websites “frequented by children” is not vague, unreasonable or unduly intrusive on Weida’s constitutional rights. Also finds the probation condition prohibiting Weida from accessing the Internet without approval from his probation officer is unreasonable because it does not reasonably relate to his rehabilitation and to protecting the public. Remands for further proceedings.

[Article Headline]

Indiana Supreme Court
Kristopher L. Weida v. State of Indiana
79S02-1711-CR-687
Criminal. Affirms and reverses in part probation conditions imposed on Kristopher Weida after he was convicted of incest with his teenage niece. Finds the probation condition restricting Weida from accessing websites “frequented by children” is not vague, unreasonable or unduly intrusive on Weida’s constitutional rights. Also finds the probation condition prohibiting Weida from accessing the Internet without approval from his probation officer is unreasonable because it does not reasonably relate to his rehabilitation and to protecting the public. Remands for further proceedings.

Justices reverse ‘unreasonable’ probation internet restriction

A Tippecanoe County man convicted of incest with his teenage niece will have one of his probation conditions revisited after the Indiana Supreme Court determined the condition requiring him to get permission to access the internet was not reasonably related to his crime.

Attorney-client privilege, as cited by Trump, isn’t absolute

Federal agents were treading on sensitive, but not new, legal ground when they raided the office of President Donald Trump’s personal attorney, Michael Cohen, and seized records about a $130,000 payment to porn actress Stormy Daniels, among other topics.

Judge strikes down Hamilton County sign restrictions

A judge in Noblesville struck down Hamilton County’s sign ordinance and said that the restrictions created a chilling effect on free speech. A county official said it’s unlikely the county will appeal.

COA upholds grant of attorney fees to ex-wife

Addressing a longstanding divorce case for the second time on appeal, the Indiana Court of Appeals has upheld a trial court order requiring a man to pay his ex-wife’s attorney fees pursuant to an indemnification clause in the couple’s dissolution decree.

Signature waived right to jury trial, COA affirms

A Clay County defendant waived her Sixth Amendment right to a jury trial when she signed a form acknowledging the deadline to demand a jury, then missed that deadline, the Indiana Court of Appeals ruled in an opinion upholding the denial of the defendant’s untimely jury trial demand.

COA: Gun admissible under inevitable discovery rule

A gun was admissible as evidence in a battery trial despite its location through an unwarranted search because it inevitably would have been discovered, despite any Fourth Amendment violation, the Indiana Court of Appeals has ruled.

COA rejects missing witnesses argument in murder appeal

A man convicted in a Marion County drug-related murder has lost his appeal of his conviction after the Indiana Court of Appeals determined the trial judge was not required to admonish the jury about the absence of two witnesses without a request from the parties.

JNC to interview 12 for COA seat

Each of the 12 applicants who applied to fill an upcoming vacancy on the Indiana Court of Appeals will interview with the Indiana Judicial Nominating Commission on April 30 and May 1. The applicants are vying to succeed retiring COA Judge Michael Barnes.

Divided COA finds evidence of prior bad acts harmless

A majority of the Indiana Court of Appeals has upheld a Howard County man’s drug convictions and sentence, finding any error in the admission of evidence of prior bad acts was harmless. The dissent, however, provided a lengthy history of state and federal caselaw to highlight why she believed the error was prejudicial.

Opinions April 11, 2018

Indiana Court of Appeals
Stephen Wirthlin v. State of Indiana
24A01-1711-CR-2662
Criminal. Reverses the denial of Stephen Wirthlin’s motion to withdraw his guilty plea to Level 6 felony charges of possession of methamphetamine and dealing in a synthetic drug or synthetic drug lookalike. Finds Wirthlin did not knowingly, intelligently and voluntarily waive his right to counsel at the initial or guilty plea hearings. Remands with instructions to withdraw Wirthlin’s guilty plea and vacate his conviction and sentence of two years, with 16 months suspended to probation, and for further proceedings.