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Opinions Sept. 24, 2015

September 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

September 24, 2015

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.

[Article Headline]

September 24, 2015

Post-judgment petitions for attorney fees permissible, COA rules

September 24, 2015

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

September 24, 2015

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

September 24, 2015

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

September 24, 2015

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

September 24, 2015

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

September 23, 2015

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

September 23, 2015

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

September 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

September 23, 2015

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

September 23, 2015

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

September 23, 2015

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

September 23, 2015

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

September 23, 2015

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

September 23, 2015

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

September 23, 2015

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

September 23, 2015

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

September 22, 2015

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.

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In This Issue

  • Federal lawsuits mount against top egg producers, who say avian flu outbreaks are behind price surge

  • Lawsuit seeks to thwart James Dean trademark violations

  • ACLU of Indiana sues Ball State leaders over school’s expressive activity policy, student discipline

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • New habeas corpus strategy is freeing some immigrant detainees

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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