Conviction affirmed despite Spanish jury waiver form omissions
A Spanish-speaking litigant failed to persuade an appeals court Monday that omissions on a jury trial waiver form merit reversal of his rape conviction.
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Ex-husband may argue contempt in seeking arrearage
An ex-husband who a trial court determined is owed $76,173 from his wife’s teacher retirement benefits was wrongly denied an opportunity to argue the arrearage can be pursued through contempt, the Indiana Court of Appeals ruled Monday.
Carmel tables sexual-orientation ordinance
A proposal to ban discrimination based on sexual orientation and gender identity has been tabled by city officials in the Indianapolis suburb of Carmel.
Opinions Sept. 18, 2015 ILD
Indiana Court of Appeals
CaNon Harper v. State of Indiana (mem. dec.)
10A05-1407-PC-343
Post conviction. Affirms denial of post-conviction relief.
In the Matter of the Term. of the Parent-Child Relationship of: Br. H. & Be.H. and C.H. v. The Ind. Dept. of Child Services (mem. dec.)
79A05-1412-JT-602
Juvenile. Affirms termination of parental rights.
Robert Horner v. State of Indiana (mem. dec.)
71A03-1501-CR-10
Criminal. Affirms convictions of Level 6 felony intimidation and Class A misdemeanor battery.
U.S. Bank Trust National Association, as Trustee of American Homeowner Preservation Trust Series 2014A, Rex A. Wells v. Tera Klutz and Susan Orth (mem. dec.)
02A05-1503-MI-122
Miscellaneous. Reverses order denying U.S. Bank Trust’s motion to intervene as the mortgage holder of a property that was purchased at a tax sale and produced an $11,000 surplus. Remands to the trial court for proceedings to determine whether U.S. Bank Trust or the purchaser is entitled to the surplus funds.
Jonathan Finley v. State of Indiana (mem. dec.)
49A05-1503-CR-88
Criminal. Affirms conviction of Class D felony theft.
In the Matter of the Term. of the Parent-Child Relationship of M.C. and K.P. and C.C. v. The Ind. Dept. of Child Services (mem. dec.)
23A04-1503-JT-114
Juvenile. Affirms termination of parental rights.
In the Matter of the Term. of the Parent-child Relationship of: M.R.H. and M.M.E. and V.L.E. v. The Ind Dept. of Child Services (mem. dec.)
79A04-1502-JT-51
Juvenile. Affirms termination of parental rights.
Jevon Deandre Ollins v. State of Indiana (mem. dec.)
79A02-1502-CR-76
Criminal. Affirms four-year executed sentence and conviction of Class C felony battery resulting in serious bodily injury.
Marcus Hamilton v. State of Indiana (mem. dec.)
49A05-1502-CR-76
Criminal. Affirms four-year executed sentence and conviction of Level 5 felony battery.
Opinions Sept. 18, 2015
Indiana Supreme Court
Blake Layman & Levi Sparks v. State of Indiana
20S04-1509-CR-548.
Criminal. Vacates conviction of murder and remands for entry of conviction of Class B felony burglary and for Layman and Sparks to be resentenced accordingly. Members of the “Elkhart 4,” Layman and Sparks were convicted of murder in the death of Danzele Johnson, who was shot by a homeowner whose house the suspects burglarized. There was simply nothing about the Appellants’ conduct or the conduct of their cohorts that was ‘clearly the mediate or immediate cause’ of their friend’s death, the court held.
Ex-auditor convicted of taking money from government, in-law
A former auditor for a northwestern Indiana county has been convicted of embezzling more than $150,000 in government funds and defrauding her father-in-law of at least $400,000.
Split decision: Bicyclist killed by driver can’t sue insurer
A bicyclist killed by an unlicensed motorist who took her boyfriend’s truck without his permission may not seek damages against the company that insured the truck’s owner, the Indiana Court of Appeals ruled Friday.
Women attorneys who opened doors honored by peers
With jokes and stories of fond memories, Barnes & Thornburg and the Indiana Bar Foundation honored the legacy of Shirley Shideler, the law firm’s first female attorney and female partner, and recognized three women who are creating impressive legacies in the law of their own.
Justices vacate murder convictions for 3 of ‘Elkhart 4’
Three members of the “Elkhart 4” convicted of murder in a controversial, highly publicized case in northern Indiana had their murder convictions vacated Friday by the Indiana Supreme Court.
Opinions Sept. 17, 2015 ILD
Indiana Court of Appeals
Jon Donovan v. State of Indiana (mem. dec.)
49A05-1503-CR-86
Criminal. Affirms conviction of Level 6 felony domestic battery.
Marvin Hester v. State of Indiana (mem. dec.)
48A02-1501-CR-28
Criminal. Affirms conviction of pointing a firearm at another person, a Class D felony.
Tyler Beathea v. State of Indiana (mem. dec.)
20A03-1411-CR-404
Criminal. Affirms convictions of Class B felony battery resulting in serious bodily injury of a child and Class D felony neglect of a dependent.
Opinions Sept. 17, 2015
Indiana Court of Appeals
Tywaun Carter v. State of Indiana
49A04-1502-CR-52
Criminal. Affirms Carter’s conviction of two counts of Level 1 felony rape and 32-year sentence on each count to be served concurrently in the Indiana Department of Correction. Finds the victim’s work as a prostitute did not render her testimony and statements unbelievable, incredible or improbable. Rules the fact that the victim had been engaging in prostitution does not excuse Carter’s violent behavior or make his sentence inappropriate.
Marshal’s wage suit against town fails on appeal
A former marshal in a small southern Indiana town is not entitled to unpaid wages, overtime and other damages because the town employed fewer than five law enforcement officers, the Indiana Court of Appeals held Thursday in a matter of first impression.
Zoeller deals blow to plan to postpone test impact
Indiana’s attorney general dealt a major blow to a proposal by state schools Superintendent Glenda Ritz that would spare schools from being penalized for low scores on this year’s ISTEP exams.
General Motors settles criminal case over ignition switches
General Motors admitted it failed to disclose to the public a deadly problem with small-car ignition switches as part of a $900 million deal reached with federal authorities to avoid criminal charges, authorities announced Thursday.
Rape victim’s work as prostitute does not excuse assault, COA rules
A felon’s attempt to get his rape conviction overturned because his victim was a prostitute drew a sharp rebuke from the Indiana Court of Appeals.
Altice robing ceremony set for Monday
Former Marion Superior Judge Robert Altice’s public robing ceremony will be at 2 p.m. Monday in the Indiana Supreme Court courtroom, with Chief Justice Loretta Rush administering the oath to the state’s newest Court of Appeals judge.
Final defendant in state fair stage collapse suit dismissed
A security company named in a class-action lawsuit filed by victims of the deadly 2011 Indiana State Fair stage collapse has become the final defendant dismissed from that case.
Opinions Sept. 16, 2015 ILD
Indiana Court of Appeals
Jermaine Munn, Jr. v. State of Indiana (mem. dec.)
71A04-1503-CR-96
Criminal. Affirms 65-year sentence for pleading guilty to murder. Judge Terry Crone dissented. Argues the appeal should be dismissed because under the terms of Munn’s plea agreement, he waived his right to appeal his sentence.
Opinions Sept. 16, 2015
Indiana Court of Appeals
R.L. Turner Corporation v. William Wressell
06A05-1411-PL-540
Civil plenary. Affirms the trial court’s inclusion of fringe benefits in the calculation of total compensation and the calculation of attorney fees. Finds the trial court did not include any of Wressell’s overtime in its calculation of total compensation. Remands with instructions for the trial court to award Wressell an additional $1501.68.
Attorney fees award was reasonable, COA rules
After a former employee was awarded nearly $100,000 in attorney fees, R.L. Turner Corp. asserted the amount was unreasonable given the employee’s total award for damages was less than $12,000.