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Indiana had standing to appeal EPA approval of a change in how Illinois monitors for auto emissions, but the state failed to show the Environmental Protection Agency’s decision was arbitrary and capricious, the 7th Circuit Court of Appeals ruled Friday.
A defendant’s rambling letter to a victim’s mother was not enough to uphold his convictions for attempted obstruction of justice and invasion of privacy, but it was sufficient to support a lesser charge.
Indiana Court of Appeals
James Dewbrew v. State of Indiana (mem. dec.)
49A04-1412-CR-597
Criminal. Affirms conviction of unlawful possession of a firearm by a serious violent felon, a Class B felony.
E.C. Brown v. State of Indiana (mem. dec.)
49A04-1501-CR-7
Criminal. Affirms convictions of pointing a firearm, a Class A misdemeanor, and battery, a Class B misdemeanor.
Anthony D. Dunn v. State of Indiana (mem. dec.)
34A04-1503-CR-88
Criminal. Affirms 50-year aggregate sentence imposed by the Howard Circuit Court after Dunn pleaded guilty to Class A felony attempted robbery.
Jeffrey Burns v. State of Indiana (mem. dec.)
34A02-1501-CR-11
Criminal. Affirms 21-year sentence for aggravated battery, a Class B felony.
In Re the Involuntary Commitment of R.R. v. Indiana University Health Bloomington Hospital (mem. dec.)
53A05-1501-MH-19
Mental health. Affirms involuntary commitment of R.R. and injections of medications.
Danny A. Lucas v. Morgan County Memorial Hospital, Dr. Claire L. Scheele, M.D., and Dr. Murat Polar, M.D. (mem. dec.)
55A01-1503-CT-93
Civil tort. Reverses summary judgment in favor of Morgan County Memorial Hospital, Claire Scheele M.D. and Murat Polar M.D. Finds the confusion over whether the antibiotic was given in a timely fashion is a question of material fact which makes summary judgment inappropriate.
Mahouton Dassi v. State of Indiana (mem. dec.)
49A05-1501-CR-34
Criminal. Affirms conviction of battery resulting in bodily injury, a Class A misdemeanor.
Delvante Jones v. State of Indiana (mem. dec.)
49A02-1412-CR-872
Criminal. Affirms conviction of murder. Finds Jones’ request to proceed pro se was not made until the second day of the trial after the state had presented most of its evidence. Concludes the request was untimely and properly denied by the Marion Superior Court.
Jeffery J. Hunt v. State of Indiana (mem. dec.)
20A03-1408-CR-300
Criminal. Reverses 120-year sentence imposed by the Elkhart Circuit Court after guilty plea to robbery while armed with a deadly weapon causing seriously bodily injury, a Class A felony; burglary, a Class A felony; conspiracy to commit burglary, a Class B felony; and criminal confinement, a Class B felony. Remands with instruction that the sentence for the two Class A felony convictions be reduced from 50 years to 30 years each; and his two Class B felony convictions remand unchanged at 20 years each for an aggregate sentence of 100 years.
Lamar Allen Colley v. State of Indiana (mem. dec.)
71A05-1501-CR-40
Criminal. Affirms convictions of strangulation and criminal confinement, both Class D felonies.
In re the Paternity of William D. Anderson, III; Gierly Perrigo Ingco v. William D. Anderson, Jr. (mem. dec.)
29A05-1504-JP-161
Juvenile paternity. Affirms denial of Ingco’s motion for relief from paternity decree.
Dena Alfayyad v. U.S. Bank National Association as Trustee for RESC2007K3 (mem. dec.)
29A02-1503-MF-175
Mortgage foreclosure. Reverses the dismissal under Trial Rule 41(E). Finds Hamilton Superior Court lacked jurisdiction because Alfayyad had an appeal pending in the Indiana appellate courts.
A.R. v. Review Board of the Indiana Department of Workforce Development and Housing Authority of the City of Kokomo (mem. dec.)
93A02-1411-EX-800
Civil. Affirms the denial of Riley’s claim for unemployment compensation benefits on the basis she had teen terminated from her job for just cause.
Fabian Cruz v. State of Indiana (mem. dec.)
71A03-1501-CR-26
Criminal. Affirms conviction of battery with a deadly weapon, as a Level 5 felony.
7th Circuit Court of Appeals
The following opinion was posted after IL deadline Thursday
United States of America v. Jeffrey P. Taylor
14-3790
Appeal from the U.S. District Court, Northern District of Indiana, Hammond Division
Judge Rudy Lozano
Criminal. Vacates sentence for Taylor convicted in 2007 of attempted transferring obscene materials to minors and remands to the District Court to remove a special condition of probation barring Taylor from viewing otherwise legal adult pornography. Taylor must make all Internet-accessible devices available for inspection without reasonable suspicion. A ban on contact with minors is overly broad. Judge David Hamilton concurred in part but dissented on lifting the pornography ban, finding no abuse of discretion. Judge Frank Easterbrook concurred separately to cite jurisdictional conflicts.
A prosecutor’s comments to a witness about what would have been helpful did not shift the burden of producing evidence onto the defendant, the Indiana Court of Appeals has ruled.
Checking on the health of a tree growing from the courthouse clock tower in southeastern Indiana's Decatur County was among the reasons crews dangled from a crane to inspect the 154-year-old building in Greensburg this week.
A man convicted for obscene webcam conduct shared with someone posing as a 13-year-old girl nearly a decade ago may view legal pornography, the 7th Circuit Court of Appeals ruled in a three-way opinion Thursday.
Although a man was wrongly charged as a habitual substance offender, the Indiana Court of Appeals determined the facts do not support his claim that his counsel was ineffective and he did not knowingly enter a guilty plea.
Two lawsuits have been filed in federal court in Fort Wayne seeking class-action status on behalf of patients who have had their data compromised by Medical Informatics Engineering.
The Indiana Court of Appeals ruled Friday that offenders may not be ordered to participate in the Victim-Offender Reconciliation Program, reversing a sentence and remanding to the trial court for a restitution hearing.
The sewer utility serving fast-growing Fishers won a partial victory on its appeal of a tax on connection fees, but the Indiana Tax Court didn’t fully rule in favor of Hamilton Southeastern Utilities.
Indiana Court of Appeals
Greater New Jerusalem Temple of Truth, Inc. v. Sentinel Insurance Company, Ltd. (mem. dec.)
49A02-1501-PL-61
Civil plenary. Affirms summary judgment in favor of Sentinel.
Nathan A. Slabach v. State of Indiana (mem. dec.)
20A03-1408-PC-292
Post conviction. Affirms denial of petition for post-conviction relief.
7th Circuit Court of Appeals
United States of America v. Sandra McGuire
14-3545
Appeal from the U.S. District Court, Northern District of Indiana, Hammond Division
Judge James Moody
Criminal. Dismisses appeal over the denial of McGuire’s motion to withdraw a guilty plea to money laundering for depositing $2,200 in drug proceeds into her checking account. McGuire’s plea agreement included a waiver of appeal, and this applies to her motion to withdraw the plea after it was accepted but before she was sentenced.
Indiana legislators are preparing to examine a proposal that would permit the collection of DNA samples from anyone arrested for a felony in the state.
An Indiana 19-year-old is seeking a new sentence after being ordered to register as a sex offender in two states and refrain from having a computer or smartphone, or living in a place with Internet access, because he had consensual sex with a 14-year-old Michigan girl he met online who said she was 17.
A judge in South Bend has ordered a northern Indiana jail to ease conditions for an Indianapolis man awaiting sentencing on charges stemming from a deadly house explosion.
An Indiana federal District Court judge properly denied a woman’s motion to withdraw her money-laundering plea, the 7th Circuit Court of Appeals ruled Wednesday.
A coal mine superintendent failed to convince the Indiana Court of Appeals that he should not be held liable because he did not understand the contract he signed.
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: K.H. (Minor Child), and P.V. (Father) v. The Indiana Department of Child Services (mem. dec.)
79A02-1412-JT-858
Juvenile. Affirms termination of the parental rights of P.V. (father) to his minor child, K.H.
Charles S. Tink v. State of Indiana (mem. dec.)
54A05-1410-CR-492
Criminal. Affirms 35-year sentence for Class A felony burglary.
Indiana Court of Appeals
BGC Entertainment, Inc. d/b/a Brad's Gold Club and 3551 Lafayette Road Corp. d/b/a Brad's Gold Club v. Jerry Coleman Buchanan, by His Father and Guardian, Odell Buchanan
49A05-1408-CT-373
Civil tort. Affirms denial of summary judgment in favor of Brad’s Gold Club parties in a negligence action resulting from a pedestrian’s injuries caused by a club waitress’s crash on her way home from work after she had been furnished alcohol. There are issues of fact concerning whether the club provided the waitress alcohol with knowledge she was visibly intoxicated and whether it breached its duty to supervise her. Buchanan’s cross-motion for summary judgment also was properly denied because evidence establishes that the waitress had no knowledge of her own level of intoxication to be imputed to the club.