National MLP conference selects Indianapolis; concerned about RFRA
Just a few months after getting a national award, the medical-legal partnership program in Indiana is getting another boost.
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Third lawsuit filed in Medical Informatics data hack
A third lawsuit seeking class-action status has been filed against a Fort Wayne-based medical software company over a data breach involving patient information.
Governor: New Statehouse doors about public safety
Gov. Mike Pence says his administration's request to spend nearly $875,000 on new doors for the Indiana Statehouse is “about putting public safety first.”
Pence authorizes hiring 113 new DCS caseworkers
Governor Mike Pence Thursday announced the authorization of 113 additional Department of Child Services caseworkers to meet the demand caused by increased cases across the state. DCS will present its annual report to the State Budget Committee Friday.
In estate case, Tax Court upholds ruling against state
A probate court ruled correctly when it denied the state’s argument that distributions to heirs from a trust established in 2008 should have been subject to Indiana’s estate tax, which has since been abolished.
Opinions Aug. 12, 2015 ILD
Indiana Court of Appeals
Cecil J. Black, Jr. v. State of Indiana (mem. dec.)
71A03-1406-PC-211
Post conviction. Affirms denial of post-conviction relief.
Maria Martha Caceres v. State of Indiana (mem. dec.)
36A01-1412-CR-518
Criminal. Affirms convictions of Class B felony neglect of a dependent resulting in serious bodily injury and Class B misdemeanor battery.
In the Matter of the Adoption of E.D., K.R. v. A.D.S. and A.S. (mem. dec.)
82A01-1412-AD-520
Adoption. Affirms denial of motion for relief from judgment.
David M. Jones v. State of Indiana (mem. dec.)
48A02-1410-PC-731
Post conviction. Affirms denial of post-conviction relief.
Sollie Nance v. State of Indiana (mem. dec.)
49A02-1501-CR-12
Criminal. Affirms conviction of Class A misdemeanor theft.
Opinions Aug. 12, 2015
Indiana Court of Appeals
Fifty Six LLC, individually and, alternatively, in the name of the State of Indiana on relation of Fifty Six LLC v. The Metropolitan Development Commission of Marion County
49A05-1407-PL-323
Civil plenary. Reverses and remands denial of landowner Fifty Six LLC’s motion to correct error and granting of the development commission’s cross motion for summary judgment regarding the adoption of the Millersville Plan to guide development of a northeast-side Indianapolis community. Fifty Six had standing to challenge the Millersville plan and the MDC did not comply with required notice and hearing provisions before the hearing on the Millersville Plan’s adoption. Remanded for proceedings.
Kennedy named to Redistricting Committee
The former executive director of the Indiana Civil Liberties Union has been appointed to a special committee charged with examining the method Indiana uses to draw legislative and congressional districts.
Supreme Court Justice Sotomayor will appear at Notre Dame
Supreme Court of the United States Justice Sonia Sotomayor will take part in a moderated discussion at the University of Notre Dame in September.
Judge rules Indiana lawmakers can keep emails private
A judge has ruled that the Indiana House of Representatives can keep private a lawmaker's emails and other correspondence with utility company officials about proposed legislation.
Board: Ohio judges can’t choose marriage type they perform
Judges who perform marriages in Ohio can't refuse to marry same-sex couples on personal or moral grounds or because of religious beliefs, according to a state judicial conduct board.
Judge: Reinstate officer fired after Indiana inmate’s death
A judge has ordered the northwest Indiana city of Lake Station to reinstate a police officer who was fired following accusations he didn't seek medical help for an inmate who later died.
Indianapolis panel overreached in adopting Millersville Plan
A landowner has successfully challenged the Indianapolis Metropolitan Development Commission’s adoption of a plan that reduced potential residential development on 21 acres in the northeast-side community of Millersville.
Opinions Aug. 11, 2015 ILD
Indiana Court of Appeals
Ishmell Neal Garrett v. State of Indiana (mem. dec.)
45A03-1501-CR-32
Criminal. Affirms 90-year aggregate sentence and convictions of three counts of child molesting, two as Class A felonies and one as a Class C felony; and two counts of sexual misconduct with a minor, one as a Class B felony and one as a Class C felony.
Major Loren Wilson v. State of Indiana (mem. dec.)
45A03-1412-CR-425
Criminal. Affirms convictions of criminal deviate conduct, as a Class A felony and burglary, as a Class B felony and being adjudicated as a habitual offender.
Matthew R. Carie v. Jennifer Carie, f/k/a Jennifer Wade, n/k/a Jennifer Andrews (mem. dec.)
42A05-1409-DR-419
Domestic relation. Affirms division of property and debts in dissolving the marriage of Matthew Carie and Jennifer Carie.
Kathryn Jo Gillette a/k/a, Kathy Gillette v. Belterra Resort Indiana, LLC, d/b/a Belterra Casino Resort, et al (mem. dec.)
78A01-1411-CC-477
Civil collection. Affirms summary judgment for Belterra in the amount of $8,000 plus attorney fees pursuant to the terms of the credit applications, costs and interest.
Scottie Edwards v. State of Indiana (mem. dec.)
49A04-1502-CR-47
Criminal. Affirms denial of Edwards’ petition for modification of his 40-year sentence for Class A felony attempted murder.
Tyrus D. Coleman v. State of Indiana (mem. dec.)
20A03-1407-PC-247
Post conviction. Affirms denial of petition for post-conviction relief. Concludes none of the errors alleged by Coleman amount to ineffective assistance of counsel.
Robert E. Eastwood v. State of Indiana (mem. dec.)
07A05-1408-PC-358
Post conviction. Affirms denial of petition for post-conviction relief.
Darius Altgilbers v. State of Indiana (mem. dec.)
49A05-1501-CR-14
Criminal. Affirms sentence of 63 years with four years suspended to probation for murder.
Antonio Brown v. State of Indiana (mem. dec.)
15A05-1501-CR-8
Criminal. Affirms 40-year sentence for pleading guilty to dealing in a narcotic drug, a Class A felony.
Levi E. Gross v. State of Indiana (mem. dec.)
34A02-1501-CR-13
Criminal. Affirms six-year aggregate sentence for pleading guilty to possession of chemical reagents or precursors with intent to manufacture a controlled substance and theft, both Class D felonies.
Shayne Thompson v. State of Indiana (mem. dec.)
49A05-1410-CR-480
Criminal. Reverses calculation for credit time in conjunction with Thompson’s aggregate sentence of 110 years for one count of murder; one count of robbery, as a Class A felony, and one count of robbery, as a Class B felony. Finds trial court erred in depriving Thompson of 101 days credit time in the murder case for the time he was incarcerated between Oct. 2, 2013, and Jan. 10, 2014. Remands with instructions to correct sentencing order to reflect an additional 101 days credit time against the present sentence.
Hanover Community School Corporation v. L.K. (mem. dec.)
45A03-1410-PO-344
Order of protection. Affirms trial court’s award of attorney fees to L.K. but remands with instructions to reduce the award from $2,000 to $426.25.
Dexter Berry v. State of Indiana (mem. dec.)
49A02-1410-CR-746
Criminal. Affirms 15-year sentence with 10 years executed and five years suspended for pleading guilty to burglary, as a Class B felony, and several lesser offenses.
Opinions Aug. 11, 2015
Indiana Court of Appeals
LHO Indianapolis One Lessee, LLC v. Esther Bowman, Individually and on Behalf of Other Similarly Situated Individuals
49A02-1411-CT-811
Civil tort. Reverses the trial court’s certification of a class defined by Bowman. Finds members of the class did not meet the requirement of Indiana Trial Rule 23(B)(3) by showing their illnesses were caused by eating the same contaminated food. Remands with the options of either redefining the class under Indiana Trial Rule23(C)(4)(a) or continuing under T.R. 23(B)(3) with respect to the hotel’s general liability only.
Rush to highlight e-filing in Hamilton County
Indiana Chief Justice Loretta Rush will meet with Hamilton County court staff, clerks, judges and attorneys Wednesday morning to congratulate them on being the first county to implement e-filing as part of a statewide measure.
Class-action members did not show illnesses were caused by same meals
Although several Alpha Kappa Alpha Sorority Inc. members who visited Indianapolis in 2013 all reported symptoms much like those caused by food poisoning, the Indiana Court of Appeals denied class certification, ruling the individuals did not specifically link their illnesses to the chicken served at lunch and dinner.
Indiana man wins $3 million wrongful conviction settlement
A man who spent more than three years in prison after he was wrongly convicted of breaking into Frankton High School and setting it on fire will receive one of the largest wrongful conviction settlements ever in Indiana, his attorneys announced Tuesday.
Trial court erred in denying dad custody vs. contemptuous mom
The Indiana Court of Appeals bluntly reversed denial of a father’s petition for primary custody of his children, finding their mother undermined him and deprived him of court-ordered visitation.
Officer’s ‘Where’s the gun?’ question properly admitted in shooter’s trial
A suspect who fled the scene of a Lafayette shooting and later was found with ammunition in his shirt pocket was not prejudiced when a police officer asked, “Where’s the gun?”