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.
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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.
Federal court hosts naturalization ceremony
About 100 new Americans will become citizens Thursday during a naturalization ceremony sponsored by the U.S. District Court for the Southern District of Indiana.
California man charged with murder in Indiana cold case
Central Indiana authorities say a murder warrant in a 2002 cold case has been issued against a man currently jailed in California.
Double jeopardy voids two cocaine convictions
A trial court violated the prohibition against double jeopardy by convicting a man in a bench trial of three felony cocaine possession counts, the Indiana Court of Appeals ruled in tossing out two of the convictions.
July 2015 bar exam results announced
The Indiana Board of Law Examiners has posted results of the state’s bar exam given in July 2015.
Rural central Indiana landowners fight town’s annexation bid
The state's highest court is set to hear a legal battle by a group of rural landowners fighting to prevent an adjacent central Indiana town from annexing their land and subjecting them to higher taxes.
Woman asks court to allow marijuana use per church beliefs
A Minnesota woman accused of violating probation says she should be able to use marijuana for religious reasons because she belongs to a pot-smoking church based in Indiana.
Facebook message, other evidence proper in molester’s trial
Evidence including a Facebook message sent to a 15-year-old girl was properly admitted in the trial of a man convicted of sexually abusing her at knifepoint, the Indiana Court of Appeals ruled Tuesday.
Opinions Sept. 15, 2015 ILD
Indiana Court of Appeals
Larry Hayden, Jr. v. State of Indiana (mem. dec.)
02A03-1501-CR-9
Criminal. Affirms convictions of Class B felony possession of a firearm by a serious violent felon, Class C felony robbery and escape, Class D felony intimidation and two counts of Class A misdemeanor resisting law enforcement.
Albert Pauley, Jr. v. State of Indiana (mem. dec.)
12A02-1501-PC-46
Post conviction. Affirms denial of post-conviction relief.
Aundra L. Haralson v. State of Indiana (mem. dec.)
06A01-1501-CR-25
Criminal. Affirms convictions of Level 5 battery resulting in bodily injury to a pregnant woman and Level 6 criminal confinement.
Bill Snider v. State of Indiana (mem. dec.)
71A03-1409-PC-334
Post conviction. Affirms denial of post-conviction relief.
Bobby Lee Dean v. State of Indiana (mem. dec.)
48A02-1409-CR-669
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class D felony maintaining a common nuisance and Class A misdemeanor resisting law enforcement.
Jimmie Hair, Jr. v. State of Indiana (mem. dec.)
03A01-1502-CR-65
Criminal. Affirms convictions of Class A felony attempted murder and Class B felony unlawful possession of a firearm by a serious violent felon.
John F. Philpott v. State of Indiana (mem. dec.)
48A02-1412-CR-884
Criminal. Affirms denial of motion to correct erroneous sentence.
Wyatt Clayton Squyres v. State of Indiana (mem. dec.)
45A05-1502-CR-56
Criminal. Affirms denial of motion to correct erroneous sentence.
Kathleen Burnell v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
93A02-1505-EX-260
Agency action. Affirms denial of claim for unemployment benefits.
Kimball Rustin Roy Scarr v. JPMorgan Chase Bank National Association (mem. dec.)
21A01-1411-MF-466
Mortgage foreclosure. Affirms grant of summary judgment in favor of Chase.
Opinions Sept. 15, 2015
Indiana Court of Appeals
Hoker Trucking, LLC and Linda L. Phillips v. Pamela K. Robbins, as Administratrix of the Estate of Mike Douglas Robbins Deceased
89A01-1411-CT-468
Civil tort. Reverses award of attorney fees and prejudgment interest to Pamela Robbins. Finds as the surviving spouse, Robbins is not entitled to recover attorney costs under the adult provision (Indiana Code 34-23-1-2) in the Indiana general wrongful death statute.
Attorney Lawrence Reuben remembered for community activism
Indianapolis attorney Lawrence M. Reuben, who created a strong legacy of community activism, died Sept. 11, 2015. He was 67 years old.
Brookman selected as U.S. magistrate judge
Evansville attorney Matthew P. Brookman has been selected to be a magistrate judge in the federal court for the Southern District of Indiana, Chief Judge Richard L. Young announced Tuesday.
Widow not entitled to attorney fees in wrongful death case
Attorney fees awarded in a wrongful death suit have been overturned by the Indiana Court of Appeals weeks after the Indiana Supreme Court weighed in on the state statute’s language.
Opinions Sept. 14, 2015 ILD
Indiana Court of Appeals
William Hatfield v. State of Indiana (mem. dec.)
32A01-1411-CR-510
Criminal. Affirms sentence and conviction of Class A misdemeanor leaving the scene of an accident resulting in injury.
Opinions Sept. 14, 2015
Indiana Court of Appeals
Bryan E. Mitten v. Cynthia L. Mitten
11A01-1501-DR-8
Domestic. Affirms determination of Bryan E. Mitten’s child support obligations and division of the parties’ debts. The trial court ordered that the adoptive father pay $235 per week in child support retroactive to the filing of the divorce petition. The trial court did not abuse its discretion in determining support, and there was no error in the trial court’s division of debt.