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Opinions Jan. 19, 2018

Indiana Supreme Court
L.G. v. S.L., et al.
18S-AD-32
Adoption. Grants transfer for the limited purpose of vacating the section of the Indiana Court of Appeals opinion addressing whether the trial court judge should recuse himself on remand. Summarily affirms the remainder of the opinion. Finds a trial court judge is not required to recuse himself from a case solely because counsel for one of the parties served as a professional reference and wrote a recommendation letter in support of a judge’s application for another judicial role. Also finds that under the facts and circumstances of this case, the trial court judge is not required to recuse himself on remand. Remands for further proceedings. Justice Geoffrey Slaughter did not participate.

COA upholds denial of habeas petition for parole revocation

The Indiana Court of Appeals has upheld the denial of an Indiana man’s habeas petition, finding the man was legally considered to be on parole at the time of his subsequent offenses, making his parole revocation appropriate.

NCAA scores victory in trademark infringement case

A Las Vegas-based fantasy sports sweepstakes company can no longer use the phrases “Final 3” and “April Madness” in its events related to the NCAA Division I Men’s Basketball Championship after a district court judge granted the NCAA’s request for a permanent injunction in a trademark infringement case.

10 to be interviewed for Allen County judgeship 

The Allen Superior Court Judicial Nominating Commission will begin interviews next week with candidates who have applied to fill an upcoming vacancy in the court’s Family Relations Division. The commission will narrow the list of candidates vying to succeed Judge Daniel G. Heath when he retires next month.

Opinions Jan. 18, 2018

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:  
Jessica McCain v. State of Indiana 
18S-CR-26 
Criminal. Grants transfer and affirms Jessica McCain’s sentence of 40 years, with 38 years executed and two years suspended to probation, for her conviction of Level 1 felony child molesting. Finds the judgment imposed by the Tippecanoe Superior Court is not inappropriate. Justice Geoffrey Slaughter votes to deny transfer. 

IMPD excessive force claim proceeds to trial

The City of Indianapolis has lost its summary judgment argument on an excessive force claim after a district court judge determined genuine issues of material fact exist as to whether the city’s policies led two police officers to use excessive force against a veteran.  

Ex-northwestern Indiana sheriff gets 15 years in prison

A former northwestern Indiana sheriff was sentenced Tuesday to more than 15 years in prison on convictions of accepting tens of thousands of dollars in bribes from towing businesses. A federal judge ordered the roughly 15½-year sentence for John Buncich, who was removed from office as Lake County sheriff after a jury convicted him in August of bribery and wire fraud.

Mother’s 40-year sentence for molesting son upheld

A Tippecanoe County mother who pleaded guilty to molesting her infant son will serve out her 40-year sentence after the Indiana Supreme Court granted transfer to her case and affirmed her sentence Wednesday.

Threats enough for COA to uphold intimidation conviction

The Indiana Court of Appeals has upheld a felony intimidation conviction against a man who threatened to cut his ex-girlfriend’s throat, finding evidence of the man’s subsequent bad acts was admissible.

Opinions Jan. 17, 2018

Indiana Court of Appeals
James Hill v. State of Indiana
45A04-1702-CR-325
Criminal. Affirms the denial of James Hill’s motion to dismiss charges of murder, murder in perpetration of robbery and attempted robbery. Finds Hill has not demonstrated prejudice in the 36-year delay in charging him. Remands.