Members appointed, reappointed to race and fairness commission
Four new members have been appointed and eight current members reappointed to terms on the Indiana Supreme Court Commission on Race and Gender Fairness.
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Workers to touch up golden domes atop Vigo County courthouse
An Ohio company has been hired to touch up gold spots on the domes atop the Vigo County courthouse in Terre Haute and add two layers of protective coating.
Police: Delaware County leads Indiana in reported meth labs
Indiana State Police say Delaware County is leading the state by a wide margin in the number of reported methamphetamine labs for the first six months of 2015.
State must pay legal fees in unclaimed property appeal
A woman who previously won a federal lawsuit arguing she was entitled to interest on unclaimed property held by the Indiana attorney general’s office also won her claim that the state should pay her legal fees for her initial appeal.
Indiana Tech Law School cuts price to attract students
Indiana Tech Law School is reportedly tearing up the bill for all its students.
Opinions July 24, 2015 ILD
Indiana Court of Appeals
James E. McGee v. State of Indiana (mem. dec.)
45A03-1411-PC-397
Post conviction. Reverses denial of post-conviction relief and remands for a new trial on McGee’s convictions of two counts of Class A felony child molesting and one county of Class C felony child molesting. The panel found McGee was prejudiced by ineffective assistance of counsel.
Anthony Levell Gregory, II v. State of Indiana (mem. dec.)
29A02-1502-CR-114
Criminal. Affirms convictions of two counts of Class B felony burglary.
In the Matter of the Adoption of: A.E.G.; A.G. v. E.R.J., and K.M.J. (mem. dec.)
82A01-1411-AD-475
Adoption. Affirms trial court’s denial of father A.G.’s motion to continue a hearing in which the court determined his consent to the adoption of A.E.G. was unnecessary.
Walter L. Robertson v. State of Indiana (mem. dec.)
29A02-1412-CR-851
Criminal. Affirms conviction of Class D felony dealing in marijuana.
Manuel Guzman v. State of Indiana (mem. dec.)
79A02-1409-CR-667
Criminal. Affirms 15-year executed sentence for conviction of Class A felony dealing in methamphetamine.
Charles Bradley Nixon v. JNJ Foods, LLC d/b/a McDonald's (mem. dec.)
82A01-1411-CT-505
Civil tort. Majority Judges John Baker and Edward Najam reverse grant of summary judgment in favor of JNJ Foods, finding there are genuine issues of material fact as to whether a foreign object in a McDonald’s breakfast sandwich caused Nixon to crack a tooth. Remands for proceedings. Dissenting Judge Ezra Friedlander would affirm the trial court, holding there is no question of fact because Nixon lacked proof the sandwich contained a foreign object.
Marcus Stidhum v. State of Indiana (mem. dec.)
71A03-1412-CR-434
Criminal. Affirms two-year sentence for convictions of Level 6 felony possession of a narcotic and Class A misdemeanor resisting law enforcement.
In Re the Marriage of: David P. Allen v. Kimberly W. Allen (mem. dec.)
13A01-1411-DR-476
Domestic. Reverses order that father David P. Allen pay 100 percent of dental school tuition for daughter Hunter Allen and remands for a college expenses order appropriately apportioning costs between father, mother and Hunter.
In Re the Marriage of John Lane v. Leisa Lane (mem. dec.)
49A02-1405-DR-354
Domestic. Affirms in part and reverses in part the court’s dissolution of marriage order. Remands with instructions to enter an order complying with requirements for the distribution of assets under Indiana statutes and applicable case law.
Diane Lane, Darrell Lane v. Danny English (mem. dec.)
32A04-1501-DR-41
Domestic. Reverses trial court’s removal from its docket of a hearing on a motion to modify parenting time. Remands to the trial court to either set a hearing on the motion or clarify its previous order.
Kenneth Eugene Million v. Sheriff of Johnson County, Indiana; Indiana Department of Correction; Indiana State Police; and State of Indiana (mem. dec.)
41A05-1411-MI-530
Miscellaneous. Reverses trial court denial of his request to be released from the requirement that he register as a sex offender in Indiana.
Opinions July 24, 2015
Indiana Court of Appeals
Antyon Buford v. State of Indiana
20A05-1408-CR-392
Criminal. Reverses convictions of Class A felony dealing cocaine, Class B felony unlawful possession of a firearm by a serious violent felon, and Class D felony maintaining a common nuisance. A warrant on which the search of Buford’s residence was premised was not supported by probable cause. Remands for proceedings.
Unsupported search warrant voids drug conviction
The Indiana Court of Appeals Friday threw out a man’s cocaine dealing conviction, holding that a search warrant that led to charges against him should not have been issued.
Hamilton County e-filing begins next week
Most new civil cases in Hamilton Circuit and Superior courts may be e-filed for the first time beginning July 29, and state courts will continue to announce online the schedules for other counties to switch to e-filing.
Indiana State Fair nixes sale, display of Confederate flag
The Indiana State Fair has asked vendors not to sell or display Confederate flag merchandise at next month's event.
Suit: County worker fired for objecting to gay marriage
A former deputy clerk from southern Indiana says in a federal lawsuit she was fired for refusing to process a same-sex couple’s marriage application.
Opinions July 23, 2015 ILD
Indiana Court of Appeals
Michael Daugherty v. State of Indiana (mem. dec.)
49A04-1501-CR-19
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.
George McDade v. State of Indiana (mem. dec.)
49A05-1501-CR-4
Criminal. Affirms conviction of Level 5 felony battery against a public-safety official and two counts of Class A misdemeanor resisting law enforcement.
Opinions July 23, 2015
7th Circuit Court of Appeals
The following opinion was issued after IL deadline Wednesday.
United States of America v. Joseph B. Miller
14-2779
Appeal from the United States District Court for the Northern District of Indiana.
Judge James T. Moody.
Criminal. Affirms bank robbery conviction, holding that neither an FBI agent’s alleged misstatements nor defense counsel’s purported errors in failing to suppress certain evidence affected the outcome of the trial.
Judge lacked authority to raise cocaine sentence after reduction
A cocaine dealer whose prison term was reduced in accordance with changed federal guidelines won an appeal after the judge who cut his sentence by more than 10 years later reimposed the original sentence.
Judge tired of discovery spats in airport insurance dispute
The latest dispute in a contentious multi-million-dollar insurance coverage lawsuit arising from a terminal construction mishap at Indianapolis International Airport has led a federal judge to single out opposing counsel in the case.
COA affirms conviction, sentence in pizza deliveryman’s slaying
The Indiana Court of Appeals Thursday upheld the 65-year sentence and convictions a jury rendered against an Indianapolis man who robbed, shot and killed a pizza deliveryman at a southside apartment complex.
Woman in recorded Indiana Wal-Mart fight pleads guilty
One of two women whose fight at an Indiana Wal-Mart was caught on cellphone video has pleaded guilty to disorderly conduct.
Children’s commission turns attention to services for Indiana youths
The nearly 2-year-old Commission on Improving the Status of Children has released its annual report, detailing its activities during the 2014-2015 fiscal year.
7th Circuit denies new trial for convicted bank robber
A man convicted of robbing the Hammond Standard Bank & Trust in December 2011 failed to convince the 7th Circuit Court of Appeals that he was entitled to a new trial.
Opinions July 22, 2015 ILD
Indiana Court of Appeals
John Bochner v. State of Indiana (mem. dec.)
41A01-1409-CR-404
Criminal. Affirms denial of request for restoration of credit time.
Evelyn Butcher v. State of Indiana (mem. dec.)
49A02-1412-CR-831
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Steven Miller v. State of Indiana (mem. dec.)
32A01-1412-CR-531
Criminal. Affirms convictions of two counts of Class B felony dealing in methamphetamine.
Earl Edwards v. State of Indiana (mem. dec.)
61A01-1411-CR-502
Criminal. Affirms 60-year sentence imposed for his guilty plea to murder, Class B felony criminal confinement, and Class D felony theft.
Hameck Oil Company, Ltd., TWE Management, LLC, Eckard Global, LLC, and Troy W. Eckard v. J Group Energy I, LLC and Bakken Oil & Gas Management, Inc., and HOC Bakken Legacy I, LLC (mem. dec.)
49A2-1409-PL-635
Civil plenary. Affirmed trial court in its determination that the company agreement’s arbitration provision did not apply to Hameck Oil, the company’s manager.
Property-Owners Insurance Company v. Gerald T. Powers and Phyllis J. Powers, et. al. (mem. dec.)
73A05-151-PL-2
Civil plenary. Reverses judgment on the pleadings in favor of the Powerses and remands for proceedings.
Roger Pringle v. State of Indiana (mem. dec.)
03A01-1502-CR-78
Criminal. Affirms denial of motion for permission to file a belated appeal.
In re the Matter of the Paternity of L.J.E.L., K.J.D.L. v. L.J.B. (mem. dec.)
42A01-1411-JP-546
Paternity. Affirms order awarding physical custody of L.J.E.L. to mother L.J.B.