Goff joins high court
The bench of the Indiana Supreme Court is once again full after former Wabash Superior Judge Christopher Michael Goff joined the high court on Monday.
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Opinions July 24, 2017
The following Indiana Supreme Court opinions were posted after IL deadline Friday:
Rodney J. McGuire v. State of Indiana
09S02-1707-CR-491
Criminal. Remands Rodney McGuire’s case for resentencing. Finds Indiana Code Section 35-50-2-2(i) does not change the minimum sentence for McGuire’s Class A felony child molesting conviction from 20 to 30 years. Judge Mark Massa dissents with separate opinion.
Suit: Montgomery Sheriff’s Office violated constitution
A complaint filed last week in federal court claims the Montgomery County Sheriff’s Department falsely told a man that he had a no-contact order against him and was prohibited from seeing his 12-year-old son.
COA to hear arguments in fire departments’ tax, annexation dispute
The Indiana Court of Appeals will hold oral arguments this week to determine whether a trial court has jurisdiction to hear a Fort Wayne case that involves questions of both annexation and tax laws.
Justices: Plain reading of law supports denial of liquor wholesale license
Indiana beer and wine wholesalers will not be able to also obtain liquor wholesaling permits after the Indiana Supreme Court reversed a trial court’s order issuing a liquor wholesaling permit to an affiliate of Indiana’s largest beer and wine distributor.
Ruling casts doubt on lawyer’s Indy photo copyright
The copyright on a photo of the Indianapolis skyline that a lawyer has used to sue hundreds of people might not be valid, a judge ruled, because the photo was first used on a website of the law firm where the attorney was once employed.
Suspect to be charged after 9 die in sweltering truck
A man will be charged in federal court Monday in San Antonio, Texas, after his arrest in the deaths of nine people whose “very hot” bodies were found in a sweltering tractor-trailer in a Texas parking lot alongside nearly 20 others who were still alive but in dire condition, federal prosecutors said.
Woman pleads guilty to cruelty but gets 21 dogs back
A judge ruled 21 dogs can be returned to an Evansville woman who pleaded guilty to animal cruelty, months after authorities removed dozens from her property in Vanderburgh County.
Indiana Supreme Court rejects kidnapping sentence appeal
The Indiana Supreme Court is declining to take up an appeal by a Cambridge City man who wants his 76-year kidnapping sentence thrown out or reduced.
Supreme Court overturns grant of Monarch affiliate’s liquor permit
The Indiana Supreme Court has reversed a trial court’s order directing the Indiana Alcohol and Tobacco Commission to grant a liquor wholesaling license to an affiliate of a major Indiana beer and wine wholesaler, finding statutory language prohibits companies with overlapping ownership to hold interest in both liquor and beer wholesaler permits.
Supreme Court remands child molesting case for resentencing
A man who pleaded guilty to molesting his girlfriend’s son and was sentenced to 40 years in prison will return to court for resentencing. The Indiana Supreme Court determined Friday that the trial court considered an incorrect statutory sentencing range.
Former deputy clerk gets 2-year sentence for stealing $300,000
A northern Indiana county's former deputy clerk has been sentenced to two years in prison for stealing nearly $300,000 in county funds.
State seeking to recover $11,000 in public funds related to theft from golf course
The state of Indiana is seeking more than $11,000 in public funds from a former Edinburgh golf course employee who admitted to repeatedly stealing money from the public course.
Kentucky told to pay attorney fees in same-sex marriage case
A federal judge has ordered Kentucky taxpayers to pay more than $220,000 in attorneys' fees for an elected county clerk who caused a national uproar by refusing to issue marriage licenses to same-sex couples in 2016.
Opinions July 21, 2017
Indiana Court of Appeals
Paul Gresk, Trustee for the Bankruptcy Estate of Derek VanWinkle and Stacey VanWinkle on behalf of M.V. and A.V. their minor children v. Cortney Demetris, M.D., et al.
49A02-1610-MI-2287
Miscellaneous. Reverses the Marion Superior Court’s grant of summary judgment on an anti-SLAPP issue in favor of Dr. Cortney Demetris. Finds the anti-SLAPP statute does not apply to reports of child abuse or neglect made to the Department of Child Services. Also finds Demetris’ report to DCS was not made “in furtherance of” her constitutional rights, as required by the anti-SLAPP statute, but rather because of her statutory duty to report child abuse or neglect. Remands the case to the trial court for consideration of the issues that were stayed.
Lawn-mowing Indiana man charged in neighbor shooting spat
An Indianapolis-area man who was wounded when an argument with a neighbor escalated into across-the-fence gunfire has been charged in the shooting.
Trump shakes up legal team in face of growing Mueller probe
President Donald Trump is shaking up his legal team as he seeks to combat an expanding and intensifying Russia investigation led by special counsel Robert Mueller.
COA: Doctor’s report to DCS not protected by anti-SLAPP statute
A doctor who reported medical child abuse to the Department of Child Services was not protected by the state’s anti-SLAPP statute, the Indiana Court of Appeals ruled Friday in a case of first impression.
COA orders return of gun to rightful owner
A man whose handgun was confiscated after police believed it was stolen will soon have the gun returned to his family. The Indiana Court of Appeals found Friday the man proved his mother was the rightful owner of the firearm.
White supremacist gets 65 years for killing black man
A northern Indiana judge has sentenced an avowed white supremacist to 65 years in prison for the fatal stabbing of a man he confessed to committing because the victim was black.