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Opinions Sept. 2, 2015

Indiana Supreme Court
David Anderson, Joe Wray, John Kennard, Commissioners, and Board of Trustees, Brown County Fire Protection District v. Susanne Gaudin, Janet Kramer, and Ruth Reichmann
07S01-1505-PL-284
Civil plenary. Reverses summary judgment finding that a county board of commissioners lacked authority to amend an ordinance that previously established a countywide fire protection district. Majority concludes that under the Home Rule Act, boards of county commissioners are authorized to amend fire protection districts, even if an amendment dissolves the district. The opinion written by Justice Brent Dickson was joined by Justice Mark Massa and Chief Justice Loretta Rush; Justice Steven David concurred with a separate opinion. Justice Robert Rucker dissented and would affirm the trial court judgment in favor of property owners.

Altice sworn in as Court of Appeals judge

Former Marion Superior Judge Robert R. Altice Jr. was sworn in as a judge on the Indiana Court of Appeals Wednesday by Chief Justice Loretta Rush, the court said in a statement.

Columbus council backs sexual orientation protections

The all-Republican city council in Indiana Gov. Mike Pence’s hometown has voted unanimously to give initial support for adding sexual orientation and gender identity to the city’s anti-discrimination ordinances.

Clerk defying gay marriage orders: ‘A heaven or hell decision’

Now as the Rowan County clerk in Morehead, Kentucky, Kim Davis is refusing to surrender in a battle over who can and can’t be wed. She invoked “God's authority” Tuesday as she defied a series of federal court orders and once again denied marriage licenses to same-sex couples.

CHINS ruling splits Court of Appeals

A split Indiana Court of Appeals reversed a Child in Need of Services adjudication, ruling the child’s absent, out-of-state father should be presumed to be a fit and capable parent unless the state proves otherwise.

Summary judgment denied in business owners’ tax appeal

Reminding the parties that the summary judgment procedure is not a substitute for trial, the Indiana Tax Court has denied an attempt by the Indiana Department of State Revenue to end a long-running tax dispute.

Feds: Fogle colleague pleads to exploiting 12 children

The former director of ex-Subway pitchman Jared Fogle’s anti-childhood obesity foundation sexually exploited 12 minor children in Indiana, federal authorities said Tuesday in releasing an information against Russell Taylor. Some of the children depicted in videos Taylor shared with Fogle were as young as 6, authorities said, ranging to age 14.

Opinions Sept. 1, 2015

7th Circuit Court of Appeals
Neal D. Secrease Jr. v. The Western & Southern Life Insurance Co., et al.
15-1328.
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Jane Magnus-Stinson
Civil. Affirms District Court dismissal with prejudice of Secrease’s sex and age discrimination and retaliation complaints. While the sanction of dismissal with prejudice is severe, it is justified in this case where Secrease attempted to perpetrate a fraud on the court by submitting a purported employment contract that contained an arbitration agreement that was not a provision in the contract he signed.
 

7th Circuit affirms dismissal due to attempted fraud on court

A federal judge in Indianapolis rightly dismissed with prejudice a man’s age and sex discrimination complaints against his former employer because he attempted to perpetrate a fraud on the court, the 7th Circuit Court of Appeals ruled Tuesday.

Federal judge orders defiant Kentucky clerk, staff to court

A county clerk in Kentucky who has invoked “God's authority” and is defying the Supreme Court of the United States by refusing to license same-sex marriage has been summoned along with her entire staff to explain to a federal judge why she should not face stiff fines or jail time.

Indy, Evansville Red Mass events set for Oct. 5

The St. Thomas More Society of the Archdiocese of Indianapolis has announced that the 56th Annual Red Mass will be held Oct. 5 at 5:30 p.m. at St. John the Evangelist Catholic Church in downtown Indianapolis.

Opinions Aug. 31, 2015 ILD

Indiana Court of Appeals
Jeremy Virant v. State of Indiana (mem. dec.)
89A05-1502-CR-85
Criminal. Affirms 42-year sentence for Class A felony burglary, enhanced by 30 years for being a habitual offender.  

Kevin Hiten v. State of Indiana (mem. dec.)
03A01-1503-CR-126
Criminal. Affirms aggregate eight-year sentence for pleading guilty to Class D felony possession of methamphetamine, Class D felony possession of a single precursor and to being a habitual substance offender.

Shamar D. Shelton v. State of Indiana (mem. dec.)
02A04-1502-CR-56
Criminal. Affirms 15-year sentence for conviction of Class B felony unlawful possession of a firearm by a serious violent felon.

Charles Robinson v. State of Indiana (mem. dec.)
36A04-1504-CR-141
Criminal. Reverses trial court’s calculation of Robinson’s pre-sentencing time and credit. Finds trial court made incorrect calculations in the March 4, 2015, sentencing order and failed to include the previously accrued credit from the Feb. 7, 2014, sentencing order. Remands with instructions for re-calculation.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of, L.P. (Minor Child), and, B.A. (Mother) v. The Indiana Department of Child Services (mem. dec.)
49A05-1501-JT-24
Juvenile. Affirms termination of parental rights of B.A. (mother) to her child, L.P.

Karl A. Wikstrom, Jr. v. State of Indiana (mem. dec.)
52A02-1502-CR-65
Criminal. Affirms aggregate 124-year sentence following conviction of four counts of Class A felony child molestation; one count of Class C felony child molesting; and one count of Class D felony child solicitation.

Samuel Bellamy v. State of Indiana (mem. dec.)
49A05-1412-CR-562
Criminal. Affirms convictions of strangulation and domestic battery, both as Class D felonies.

Steven A. Curry, Jr. v. State of Indiana (mem. dec.)
22A01-1503-CR-87
Criminal. Affirms aggregate 10-year executed sentence for pleading guilty to Class B felony dealing in a narcotic drug and to being a habitual substance offender. Finds trial court entered a separate sentence on Curry’s habitual substance offender status instead of enhancing his sentence for the dealing conviction. Remands with instructions to correct the order to show the four-year habitual substance offender enhancement is part of Curry’s felony sentence.

 

Opinions Aug. 31, 2015

7th Circuit Court of Appeals
Michael A. Kelley v. Greg Zoeller, Indiana Attorney General
14-2961
Appeal from the U.S. Court for the Northern District of Indiana, Hammond Division
Judge Theresa L. Springmann
Affirms the District Court’s dismissal for lack of jurisdiction of Kelley’s suit alleging that under a plea deal struck in a robbery case in 1975, his conviction should have been expunged. No expungement statute existed then, and Indiana courts have determined that Kelley waited too long to challenge the 1975 robbery conviction.

Admitting evidence of ‘signature’ crime was harmless error

The Indiana Court of Appeals on Monday affirmed the conviction of a man who broke into a woman’s home, severely beat her and attempted to rape her. Evidence that the man looked into the window of another woman in the neighborhood 57 days later should not have been admitted at his trial, but the error was harmless in light of DNA evidence connecting the man to the crime.