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.
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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?”
IndyBar: Impact in Action
The Joseph Maley Foundation is the recipient of the 2014 Impact Fund, providing support and guidance to local kids and families.
IndyBar: Nominations Due for Professionalism Awards
The IndyBar Professionalism Committee is currently soliciting nominations for the 2015 IndyBar Professionalism Award (Attorney) and IndyBar Silver Gavel Award (Judge). Nominations are due on Thursday, August 20.
IndyBar: Getting along is not wrong
We set out to find examples of lawyers who model the way while providing excellent representation.
Disruptive Innovation: Lawyers Must Pay Attention
Everyone who will potentially be impacted by new innovations must study the competition and be prepared to adapt their practice so that competition with the innovators will be possible.
IndyBar: Going Green Leads to Better Health Care
Studies show a direct link between health outcomes and human performance with the quality of both the built and natural environment.
Hammerle On… ‘Mission: Impossible – Rogue Nation’, ‘The Stanford Prison Experiment’
Bob Hammerle writes in regard to “The Stanford Prison Experiment”: “If the re-creation of an event is destructive, think what the actual event is like.”
Insurer off hook in Indy strip club shooting
A company that insured a westside Indianapolis strip club has no coverage duty for a patron who was shot in the face after an altercation outside the club three years ago, a federal judge has ruled.