Judge dismisses lawsuit challenging Indiana Nativity display
A federal judge has granted the motion to dismiss a lawsuit brought last year challenging a Nativity scene erected annually outside the Franklin County courthouse.
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Federal judge awards ex-jail inmate $225K in chokehold suit
A federal judge has awarded $225,000 to a former western Indiana jail inmate who alleged a jail officer put him in a chokehold and threw him to the ground.
Embrace immigrants, Pope Francis urges Congress
Standing before a rapt Congress, Pope Francis issued a ringing call to action on behalf of immigrants Thursday, urging lawmakers to embrace "the stranger in our midst" as he became the first pontiff in history to address a joint meeting at the U.S. Capitol.
Life without parole affirmed by Indiana Supreme Court
A Pike County man whose own expert witness raised doubts about his character failed to convince the Indiana Supreme Court he should at least be given the possibility of parole.
Opinions Sept. 24, 2015 ILD
Indiana Court of Appeals
Jeffrey Settle v. State of Indiana (mem. dec.)
33A04-1411-MI-516
Miscellaneous. Dismisses with prejudice Settle’s appeal of the trial court’s denial of his petition to remove his name from the sex offender registry.
Jennifer G. Ansari v. Bank of New York Mellon (mem. dec.)
29A02-1412-MF-821
Mortgage foreclosure. Affirms trial court judgment in favor of Bank of New York Mellon.
A.D. v. K.D. (mem. dec.)
65A01-1502-DR-67
Domestic. Affirms trial court order granting sole custody to mother.
Rachel Ann Nelson and Corey Joe Dennison v. Tammy Sue Nelson and Pamela Nelson (mem. dec.)
03A01-1502-DR-62
Domestic. Affirms trial court denial of verified petition to terminate order of custody.
Henry Gibson v. State of Indiana (mem. dec.)
49A05-1502-CR-70
Criminal. Affirms 15-year sentence for convictions of Level 3 felony aggravated battery, Level 5 felony battery by means of a deadly weapon, and Level 5 felony carrying a handgun without a license.
A.C. v. H.C. (mem. dec.)
11A01-1501-DR-17
Domestic. Affirms order awarding father custody of two minor children.
Robert A. Hutchens v. BAC Home Loans Servicing, LP (mem. dec.)
29A02-1503-MF-190
Mortgage foreclosure. Affirms trial court denial of motion to set aside and vacate sheriff’s sale.
Matter of the Termination of the Parent-Child Relationship of R.H., Minor Child, M.H. v. Ind. Dept. of Child Services (mem. dec.)
92A03-1502-JT-62
Juvenile. Affirms termination of parental rights.
Char'Dae Avery v. State of Indiana (mem. dec.)
34A02-1504-CR-224
Criminal. Affirms 18-year executed sentence for conviction of Class B felony causing the death of another person while operating a vehicle with marijuana or its metabolite in her blood.
Keith Rich v. State of Indiana (mem. dec.)
79A04-1502-CR-49
Criminal. Affirms 20-year aggregate sentence for convictions of Class B felony counts of arson and burglary.
Kevin Owens v. State of Indiana (mem. dec.)
15A05-1502-CR-59
Criminal. Affirms two-year executed sentence for conviction of Class D felony operating a vehicle while intoxicated.
Opinions Sept. 24, 2015
Indiana Supreme Court
William Clyde Gibson III v. State of Indiana
22S00-1206-DP-359
Death penalty. Affirms the imposing of the death penalty following Gibson’s conviction for murder. Finds the sentence is not inappropriate “in light of the horrific manner in which Gibson took (his victim’s) life and his lack of redeeming character traits.” In regards to the jury, rules the trial court did not err in refusing to dismiss the entire venire panel and did not abuse its discretion in denying Gibson’s request to ask a case-specific question during voir dire, his for-cause juror challenges and his request to instruct the jury on voluntary manslaughter. Holds the trial court also did not abuse its discretion in denying Gibson’s request for a fourth continuance.
Supreme Court affirms death sentence for Floyd County man
Finding the trial court did not err or abuse its discretion during the selection of jurors for the murder trial of William Clyde Gibson II, the Indiana Supreme Court affirmed his death penalty sentence.
Post-judgment petitions for attorney fees permissible, COA rules
Even after a trial court has entered a judgment and the case is settled, the Indiana Court of Appeals has ruled parties can still make a new filing for attorney fees.
Judges split 3 ways on motorist’s ambiguous response to DUI test
An apparently intoxicated motorist’s ambiguous reply to an officer’s request to perform a chemical test has resulted in a new, strict standard affirmed by only one of three judges who heard the driver’s appeal.
Plaintiff loses appeal over judgment on student loan
The successor interest in a student loan after its originator filed bankruptcy is entitled to judgment in its favor to collect a delinquent student loan, the Indiana Court of Appeals ruled Thursday.
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.
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.