Conour ‘American Greed’ episode airdate set
The true-crime documentary series “American Greed” next month will air an episode featuring convicted fraudster and former high-powered Indiana attorney William Conour.
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Juror’s Facebook link to victim’s family no cause for rape mistrial
A trial court properly denied a convicted rapist’s bid for a mistrial because a juror failed to disclose she was a Facebook friend with a relative of the victim, the Indiana Court of Appeals ruled Thursday.
Zionsville and Whitestown argue borders before Supreme Court
The battle between Zionsville and Whitestown came before the Indiana Supreme Court Wednesday as each town tried to lay claim to neighboring Perry Township.
Opinions Sept. 23, 2015 ILD
Indiana Court of Appeals
Charles Arnold v. State of Indiana (mem. dec.)
49A05-1503-CR-110
Criminal. Affirms convictions of Level 4 felony possession of a firearm by a serious violent felon and Level 5 felony battery by means of a deadly weapon.
In the Matter of the Term. of the Parent-Child Relationship of: G.W.L. IV: G.W.L. III v. The Ind. Dept. of Child Services (mem. dec.)
71A03-1505-JT-428
Juvenile. Affirms termination of parental rights.
Reginald Shirley v. State of Indiana (mem. dec.)
49A04-1412-CR-575
Criminal. Affirms conviction of Class A misdemeanor intimidation.
Larry T. Bass v. State of Indiana (mem. dec.)
63A01-1502-CR-72
Criminal. Affirms revocation of probation.
James Jay Green III v. State of Indiana (mem. dec.)
82A01-1411-CR-474
Criminal. Affirms 35-year sentence and convictions of Class A felony dealing methamphetamine and Class B felony possession of methamphetamine.
Opinions Sept. 23, 2015
Indiana Court of Appeals
In the Matter of Term. of the Parent-Child Relationship of: B.H. and S.H., and B.H. and M.B. v. The Ind. Dept. of Child Services
91A02-1504-JT-213
Juvenile. Affirms termination of parental rights. The trial court did not abuse its discretion by denying mother’s last-minute motions to continue termination hearings. There is no reason to conclude mother did not receive a fair hearing. The juvenile court did not err by finding that the termination of the relationship with mother and father is in the best interests of the children. The fact of father’s incarceration is not the sole evidence supporting termination.
New advocacy group aims to prevent sexual assaults
A new sexual assault prevention group has been formed roughly one year after a similar victims’ advocacy effort was found financially insolvent and disbanded.
Father wrongly ordered to pay cost of private university
A trial court wrongly ordered a father to pay college costs for his daughter based on the cost of a private university, the Indiana Court of Appeals ruled Wednesday.
Evidence of new crimes sufficient to revoke probation
A defendant’s admission that he was trespassing and a witness’s testimony that the defendant planned to steal tin from a Greene County resident’s property was sufficient to revoke the man’s probation, the Indiana Court of Appeals ruled Tuesday.
Justices weigh state fair stage collapse case
The Indiana Supreme Court is weighing arguments to decide if the state is liable for some of the damages faced by a rigging company in the 2011 state fair stage collapse that killed seven people.
Former Indiana mayor contends judge fell asleep during trial
Attorneys for a former northwestern Indiana mayor and his wife convicted of wire fraud and other charges for improperly using funds from his campaign and a city food pantry are asking for a new trial because they say a federal judge fell asleep during their trial.
COA affirms termination of parental rights
A mother and father of 8- and 9-year old children failed to convince the Indiana Court of Appeals that their parental rights were improperly terminated.
Duke rate hike from Edwardsport plant remanded
The Indiana Utility Regulatory Commission must weigh for the third time rate increases for Duke Energy consumers connected to delays in opening the Edwardsport coal gasification plant in Knox County.
Grant applications for mortgage settlement exceeding amount available
Seven organizations have submitted applications to the Indiana Bar Foundation requesting just over $1 million in grants to help repair the damage from the housing crisis.
Justices make appointments to CLE commission
Elkhart Circuit Judge Terry Shewmaker has been appointed to the Indiana Commission for Continuing Legal Education, the Indiana Supreme Court announced in an order issued Monday.
Opinions. Sept. 22, 2015 ILD
Indiana Court of Appeals
Joaquin Starks v. State of Indiana (mem. dec.)
82A05-1501-PC-44
Post conviction. Affirms denial of petition for post-conviction relief.
Steven Cole v. State of Indiana (mem. dec.)
27A02-1501-CR-24
Criminal. Affirms aggregate sentence of six years executed for pleading guilty to battery, as a Class A misdemeanor and two counts of invasion of privacy, each as a Class D felony.
P.J.K. v. L.M.K. (mem. dec.)
29A04-1412-DR-595 http://www.in.gov/judiciary/opinions/pdf/09221501ehf.pdf
Domestic relation. Affirms modification of custody and awarding of primary physical custody to mother.
Don Campbell v. Anonymous Hospital A, Anonymous Hospital B, and Anonymous Physical Therapist (mem. dec.)
71A03-1410-CT-355
Civil tort. Affirms dismissal of medical malpractice complaint for failure to prosecute.
Nick Gandin v. Elina Lefand (mem. dec.)
02A05-1412-DR-569
Domestic relation. Affirms trial court order denying father’s petition for modification of custody and motion for injunctive relief. Denies mother’s request for appellate attorney fees. Judge Elaine Brown dissents, arguing the form and content of the father’s appellate brief do warrant an award of attorney fees.
Aaron G. Bradley, Jr. v. State of Indiana (mem. dec.)
20A03-1502-CR-71
Criminal. Affirms 16-year sentence after conviction for unlawful possession of a firearm by a serious violent felon, a Class B felony.
Dequincy Clay v. State of Indiana (mem. dec.)
48A02-1502-CR-116
Criminal. Affirms the revocation of Clay’s probation and order that he serve 910 days of his previously suspended sentence.
Wrecks, Inc. v. Amy D. Martin (formerly Amy D. Maurer), and Lawrence A. Maurer (mem. dec.)
29A05-1505-DR-295
Domestic relation. Affirms denial of Wrecks’ motion to transfer a post-dissolution garnishment proceeding to a county of preferred venue pursuant to Trial Rule 75.
Opinions Sept. 22, 2015
Indiana Court of Appeals
Kile Richard Stockert v. State of Indiana
Criminal. Affirms Department of Correction designation that Stockert is a sexually violent predator and offender against children. Based on the record and Ind. Code § 35-38-1-7.5(b) and § 11-8-8-19(b), the trial court did not err in denying Stockert’s petition for declaratory judgment.
IndyBar: Bar Leader Series Class Kicks Off at Ice Breaker, Retreat
The class kicked off the 13th iteration of the series, which runs from September 2015 to May 2016, at a recent ice breaker reception with alumni on September 3 and a leadership and skills-developing retreat Sept. 10 and 11.
Dissenting judge: Majority ‘needlessly prolongs’ divorce case
A divorce case remanded to the trial court for proceedings needlessly prolonged the litigation, a dissenting Court of Appeals judge wrote Tuesday.
Roommate’s liability in early exit from lease rightly decided
A woman who appealed a small claims court order against her former live-in boyfriend failed to convince the Indiana Court of Appeals that he owed her more money for moving out before their apartment lease was up.
Man loses appeal over predator designation
A trial court properly denied a man’s motion for a declaratory judgment seeking to overturn a Department of Correction designation that he is a sexually violent predator and offender against children.