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Opinions Feb. 9, 2017

Indiana Court of Appeals
Andy A. Shinnock v. State of Indiana
18A05-1606-CR-1258
Criminal. Reverses Andy A. Shinnock’s conviction of bestiality as a Level 6 felony. Finds the Delaware Circuit Court erred in admitting Shinnock’s confessions at trial because the corpus delicti of the crime charged was not established. Remands.

COA overturns bestiality conviction based on confession

Although a Delaware County man admitted to sexually assaulting his roommate’s dog, the Indiana Court of Appeals overturned the man’s bestiality conviction Thursday because the prosecution failed to establish a corpus delicti.

Houchin to chair children’s commission in 2017

Indiana Sen. Erin Houchin, R-Salem, will chair the Commission on Improving the Status of Children this year, as the 20-member group set its first quarterly meeting for next Wednesday.

7th Circuit affirms deferral on sentencing request

An Indiana federal judge appropriately deferred judgment on a convicted child molester’s request for concurrent state and federal sentences because the state court was presented with additional facts that were relevant to sentencing, the 7th Circuit Court of Appeals decided Wednesday.

Judge affirms dead candidate winner in Allen County election

An Allen Superior judge decided Wednesday that the Republican candidate for an at-large seat on the Allen County Council who died four days before the General Election was properly left on the ballot and certified as a winner. The judge noted that Indiana Code doesn’t specifically address this unique situation.

Justices hold mayor lacked authority to fire utilities superintendent

A divided Indiana Supreme Court held Wednesday that a mayor did not have statutory authority to terminate his city’s utilities superintendent, writing in an opinion that “may well offend sound public policy” that only the utilities board can terminate the superintendent with cause, notice and a hearing.

Police: Driver in double fatal Tesla crash was intoxicated

The driver of a speeding Tesla electric car that crashed and burned in Indianapolis, killing her and a passenger, was too drunk to drive, according to a police report released Wednesday. The two worked at a company that provides case management software for plaintiff attorneys.

COA affirms convictions of man involved in fatal police chase

The Indiana Court of Appeals upheld a man’s various drug, handgun and resisting law enforcement convictions Wednesday after holding that the man was aware of the contraband in his vehicle and that his operation of the vehicle resulted in a passenger’s death.

Opinions Feb. 8, 2017

Indiana Supreme Court
City of Lawrence Utilities Service Board, City of Lawrence, Indiana, and Mayor Dean Jessup, Individually and in his Official Capacity v. Carlton E. Curry
49S02-1609-CT-481
Civil tort. Affirms the Marion Superior Court’s grant of summary judgment in favor of Carlton Curry on his wrongful discharge claim and in favor of the city of Lawrence on Curry’s Wage Payment Statute claim. Also affirms the denial of Curry’s tortious interference claim. Finds that based on the clear and unambiguous language of Indiana Code 8-1.5-3-5(d), the Utilities Service Board had the sole authority to terminate Curry after notice and a hearing. Also finds that any other method for termination is up to the Legislature to determine as a matter of policy. Justice Steve David dissents with separate opinion.