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Opinions Aug. 14, 2015 ILD

Indiana Court of Appeals
Lisa L. Baker v. State of Indiana (mem. dec.)
06A01-1501-CR-11
Criminal. Affirms conviction of Class D felony theft.

Randy L. Thornton v. State of Indiana, Indiana Department of Corrections, Marion County, Indiana, Matthew Pietrzak, Stephanie Buttz, Eric Lee, Dianna Johnson (mem. dec.)
49A02-1409-PL-662
Civil plenary. Affirms dismissal of complaint.

In the Matter of the Termination of the Parent-Child Relationship of: B.C.M. (Minor Child), and C.J.C.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
79A02-1412-JT-895
Juvenile. Affirms termination of parental rights.

Jeremy Schmitt v. State of Indiana (mem. dec.)
83A05-1409-PC-425
Post conviction. Affirms denial of post-conviction relief.

Dennis William Smith v. State of Indiana (mem. dec.)
49A02-1502-CR-83
Criminal. Affirms conviction of Level 6 felony resisting law enforcement.

Lawrence E. Kellems v. State of Indiana (mem. dec.)
87A04-1411-CR-537
Criminal. Affirms aggregate 40-year sentence following his guilty plea to three counts of Class A felony child molesting and one count of Class C felony sexual misconduct with a minor.

 

Opinions Aug. 14, 2015

7th Circuit Court of Appeals
Robert E. Spierer, et al. v. Corey E. Rossman, et al.
14-3171
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division
Judge Tanya Walton Pratt
Civil. Affirms summary judgment in favor of defendants sued by the family of missing Indiana University student Lauren Spierer. Plaintiffs failed to state a plausible claim under Indiana common law for negligence.

Technology erases need for ‘ancient document’ rule

A longstanding yet rarely invoked federal rule of evidence allowed the admission of an “ancient document” if it was more than 20 years old and appeared to be authentic. However, in an age when decades-old information is easily accessible electronically, a review committee has concluded the exception could be abused.

Fired Polaris technician wins reversal at 7th Circuit

A former Indianapolis lab technician presented enough evidence to support her claims of discrimination and retaliation that the 7th Circuit Court of Appeals overturned summary judgment in favor of her former employer.

Agreement means what it says, COA rules

While the Indiana Court of Appeals conceded the severance agreement was “not a model of precision,” it disagreed with a trial court’s conclusion that the agreement contained a mistake.

7th Circuit divided over appeal from death row inmate

A split 7th Circuit Court of Appeals denied an inmate on Indiana’s death row a chance for a new trial, finding the exclusion of a witness’s videotaped interview which could have possibly exonerated him was inadmissible as hearsay.

Opinions Aug. 13, 2015 ILD

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: A.B., Jr., (Child), and K.T. (Mother), v. The Indiana Department of Child Services (mem. dec.)
49A04-1501-JT-22
Juvenile. Affirms termination of parental rights.

Joel Williams v. State of Indiana (mem. dec.)
18A02-1408-PC-554
Post conviction. Affirms denial of post-conviction relief.

Jaime Carr v. State of Indiana (mem. dec.)
49A02-1502-CR-81
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Craig Leonard Strand v. State of Indiana (mem. dec.)
45A03-1410-CR-370
Criminal. Affirms conviction of Class D felony battery resulting in serious bodily injury.

Lori L. Cobb v. State of Indiana (mem. dec.)
03A01-1502-CR-73
Criminal. Affirms revocation of probation.

 

Opinions Aug. 13, 2015

7th Circuit Court of Appeals
Wayne Kubsch v. Ron Neal, superintendent, Indiana State Prison
14-1898
Appeal from the U.S. District Court, Northern District of Indiana, South Bend Division
Chief Judge Philip Simon
Criminal. Affirms denial of Kubsch’s habeas corpus petition. Majority rules the exclusion of testimony by neighbors which could have exonerated Kubsch was hearsay and, therefore, not admissible. In a dissent, Chief Judge Diane Wood argues the testimony should have been admitted under Chambers v. Mississippi, 410 U.S. 284 (1973).

Divided COA panel reverses modification of support

A judge who ordered a modification of child support after a father told the court he was moving out of state and intended to seek custody of a minor child acted prematurely, a Court of Appeals panel majority ruled Thursday.

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.