Indiana Supreme Court affirms Kentucky lawyer not a Hoosier
A Kentucky attorney who never practiced north of the Ohio River got the Indiana Supreme Court to agree she was not a Hoosier.
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7th Circuit: Marion County judge elections unconstitutional
The way Marion County judges are elected is unconstitutional, the 7th Circuit Court of Appeals ruled Wednesday, throwing out a system that assured an even split of Democratic and Republican judges and facilitated a pay-to-play party slating system.
Opinions Sept. 9, 2015 ILD
Indiana Court of Appeals
John Lind v. Nancy Lind (mem. dec.)
34A02-1412-DR-827
Domestic relation. Reverses trial court’s Nov. 6, 2014, order modifying the decree of dissolution. Finds the November order added two new obligations – the husband either refinance or assume the mortgage and have his ex-wife’s name removed from the debt – that were impressible.
Bryan Paul Whitlatch v. Priscilla Marie Wolfe (mem. dec.)
71A05-1502-DR-64
Domestic relation. Affirms modification of child support.
Kasey Hutchings v. State of Indiana (mem. dec.)
34A04-1503-CR-133
Criminal. Affirms revocation of probation. Reverses calculation of Hutchins’ credit time and remands for a hearing to determine the time remaining on his sentence.
Robert E. Ellett v. State of Indiana (mem. dec.)
49A02-1410-CR-706
Criminal. Affirms sentencing order that imposes fees, costs and a fine totaling $338.
Xiomara Kyle v. State of Indiana (mem. dec.)
49A02-1501-CR-39
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated with endangerment. Remands with instructions to clarify that the judgment for the conviction of Class A misdemeanor operating a vehicle with a blood alcohol concentration about 0.15 percent was either vacated or never entered.
Opinions Sept. 9, 2015
7th Circuit Court of Appeals
The following opinion was posted after IL deadline Tuesday:
United States of America v. Eugene Clarke
14-3515
Appeal from the U.S. District Court for the Northern District of Indiana, Hammond Division
Judge Rudy Lozano
Criminal. Affirms conviction for seven counts of filing a false claim with the United States in violation of 18 U.S.C. 287. Rules the government did not have to prove Clarke willfully submitted false claims. Finds Clarke’s “patently false and utterly groundless” tax returns provided sufficient evidence that he knew he was filing claims with false information. Concludes the District Court did not abuse its discretion when it refused to give Clarke’s good faith instruction to the jury.
Judge orders resentencing for Indiana teen in sex case
A judge in Niles, Michigan, has ordered resentencing for a 19-year-old from Indiana who had to register as a sex offender in two states because he had consensual sex with a 14-year-old Michigan girl he met online who lied about her age.
Child interviewer’s vouching testimony reverses molest convictions
A man convicted of three counts of Class A felony child molesting must be retried because the trial court erred by admitting testimony from a forensic interviewer who said there was no evidence the alleged victims had been coached.
Tax Court affirms assessments in exclusive addition
Arguments that land assessments in one of Allen County’s most exclusive residential additions should have been about one-third of the final valuation failed to persuade the Indiana Tax Court.
Supreme Court releases annual report
The Indiana Supreme Court has released its annual report covering the fiscal year July 1, 2014-July 1, 2015. The report may be viewed here.
COA resurrects lawsuit against Ford Motor Co.
Although an expert did run additional tests after the discovery deadline, the Indiana Court of Appeals found the wholesale exclusion of his testimony was too severe and is allowing a lawsuit against Ford Motor Co. to continue.
Defendant fails to convince 7th Circuit he did not know his returns were false
Describing the tax returns as “patently false and utterly groundless,” the 7th Circuit Court of Appeals kicked aside a defendant’s argument that he believed the government owed him $900,000.
7th Circuit: Marion County judicial elections unconstitutional
The way Marion County judges are elected is unconstitutional, the 7th Circuit Court of Appeals ruled Wednesday, throwing out a 40-year-old system that ensured an even split of Democratic and Republican judges and facilitated a pay-to-play party slating system.
Jailed clerk who fought gay marriage is ordered released
After five days behind bars, Rowan County Clerk Kim Davis was ordered released from jail Tuesday by the judge who locked her up for refusing to issue marriage licenses to gay couples in the Kentucky county.
Opinions Sept. 8, 2015 ILD
Indiana Court of Appeals
Deonte R. Hester v. State of Indiana (mem. dec.)
82A01-1411-CR-515
Criminal. Affirms 30-year aggregate sentence and convictions of Class A felony possession of cocaine, Class C felony operating a vehicle while privileges are forfeited for life and Class A misdemeanor counts of resisting law enforcement and possession of marijuana.
Danny James Horton v. State of Indiana (mem. dec.)
86A03-1412-CR-423
Criminal. Affirms conviction of Class B felony conspiracy to manufacture methamphetamine but vacates conviction of Class D felony possession of two or more precursors on double-jeopardy grounds.
Jon Richard Loomis v. Barbara Jean Loomis (mem. dec.)
02A03-1503-PO-80
Protective order. Affirms denial of Jon Loomis’ petition for a protective order against his ex-wife.
Opinions Sept. 8, 2015
Indiana Court of Appeals
Deonte R. Hester v. State of Indiana (mem. dec.)
82A01-1411-CR-515
Criminal. Affirms 30-year aggregate sentence and convictions of Class A felony possession of cocaine, Class C felony operating a vehicle while privileges are forfeited for life and Class A misdemeanor counts of resisting law enforcement and possession of marijuana.
Sotomayor draws admirers at Notre Dame
Sharing candid, deeply personal experiences, Supreme Court Justice Sonia Sotomayor inspired an overflow crowd Sept. 2 at the University of Notre Dame. She held court for nearly two hours, answering questions from Notre Dame alumna, trustee and NBC News reporter Anne Thompson.
Students committed to Indiana Tech
As Indiana Tech Law School begins its third year, it is welcoming a very small class of first-year students and, anticipating its second attempt at gaining ABA approval will be successful, positioning its third-year students to take the state bar exam.
Justices take 2 sex offender registry appeals
The Indiana Supreme Court took two appeals last week challenging the application of the state’s Sex Offender Registry Act. The cases are among five transfers granted for the week ending Sept. 4.
Panel sets hearing on medical malpractice caps
A General Assembly panel this week will study whether caps on damages in Indiana’s medical malpractice statute should be changed.
Huckabee, Cruz plan to meet with jailed Kentucky clerk
Two Republican presidential candidates planned jailhouse meetings Tuesday with Kentucky clerk Kim Davis, raising her conservative-hero status as she remains behind bars over her refusal to give marriage licenses to gay couples.
Exhibit will recreate drafting of Indiana’s first constitution
The Indiana Historical Society will pay homage to the state’s upcoming bicentennial with an exhibit recreating the setting where Indiana's first Constitution was drafted in 1816.