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Opinions Sept. 21, 2015 ILD

Indiana Court of Appeals

Constantine D. Mills, Jr. v. Brandy Fisher (mem. dec.)
90A05-1504-JP-176
Juvenile. Reverses modification of child support order for Mills, who is incarcerated, and was ordered to pay monthly support in excess of his income. Remands for a revised modification of the support order. Judge Patricia Riley concurs with the reversal but would not remand for a modification and would leave Mills’ monthly support obligation at $12.

Michael Lindsey v. State of Indiana (mem. dec.)
71A04-1412-PC-576
Post-conviction. Affirms denial of post conviction relief.

Justices decline to extend ‘bystander rule’

The father of a moped driver killed in a collision with a car may not recover on a claim of negligent infliction of emotional distress, the Indiana Supreme Court ruled Monday, declining to extend the bystander rule in such cases.

Successor owner must pay more to unemployment insurance

A buyer of an auto parts retail business that used the same name, same signs, same location, same phone number, same inventory, same fixtures, and hired some of the same employees lost his appeal to the finding that he is liable for a higher employer rate as a successor business.

Justices take appeal involving eavesdropping cops

Whether Michigan City police officers should be forbidden from testifying in a murder case because they eavesdropped on the suspect’s conversation with attorneys will be decided by the Indiana Supreme Court.

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.

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.

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.