Police deadly force justified against suicidal man
Police who shot and killed a suicidal man in his Cloverdale home were justified in using deadly force under the circumstances, the 7th Circuit Court of Appeals ruled Friday.
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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.
Prosecutor: No charges in South Bend police wiretap case
Criminal charges won’t be pursued against a former South Bend police chief in a case of wiretapping within the police department, a special prosecutor ruled.
Life sentence ordered in deadly Indianapolis house blast
The man convicted of planning a massive Indianapolis house explosion that killed two neighbors was sentenced Friday to life without parole.
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.
Molestation charge dropped against committed incompetent defendant
A child molestation charge must be dropped against an incompetent defendant who’s been in psychiatric hospitals longer than he could have been imprisoned had he been convicted, the Indiana Court of Appeals ruled Friday.
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).
Toyota dealership relocation to Fishers divides appeals court
Whether three competing greater Indianapolis Toyota dealers may block the relocation of another Toyota franchise from Anderson to Fishers divided a panel of the Indiana Court of Appeals Thursday.
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.
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.
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.