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Aid for crime victims soars to record $40 million
Service providers who assist crime victims around the state received good news this month: Indiana will have almost five times more to spend on programs than the state has been accustomed to receiving.
Some justices dubious of synthetic drug law arguments
At least two of Indiana’s five Supreme Court justices were openly skeptical of arguments that the state’s scheme for criminalizing synthetic drugs such as Spice and bath salts is unconstitutional, as the Court of Appeals ruled.
Incomplete continuity slip gets conviction vacated
A Fort Wayne man’s argument that his defense strategy was upended when the government waited until mid-trial to produce a complete chain of custody document convinced the 7th Circuit Court of Appeals to overturn his conviction
Opinions July 13, 2015 ILD
Indiana Court of Appeals
Richard McCrumb v. State of Indiana (mem. dec.)
29A05-1412-CR-583
Criminal. Affirms conviction of operating a motorboat with an alcohol concentration equivalent of at least 0.08, a Class C misdemeanor. Finds the evidence is sufficient to show that McCrumb’s jet ski is a “motorboat.”
David Reyes-Valdes v. State of Indiana (mem. dec.)
15A01-1406-CR-237
Criminal. Vacates Reyes-Valdes’ conviction and 50-year sentence for dealing in cocaine, as a Class A felony. Affirms conviction of conspiracy to commit dealing in cocaine, as a Class A felony, but revises the sentence to 40 years executed.
Gene Hooks v. State of Indiana (mem. dec.)
82A01-1412-PC-546
Post conviction. Affirms denial of petition for post-conviction relief.
Tod E. Elias v. Janet R. Elias (mem. dec.)
45A03-1502-DR-46
Domestic relation. Affirms division of marital property in the marriage dissolution.
Opinions July 13, 2015
7th Circuit Court of Appeals
United States of America v. Joshua R. Mackin
14-3602
U.S. District Court, Northern District of Indiana, Fort Wayne Division;
Judge Theresa Springmann
Criminal. Vacates conviction of being a felon in possession of a firearm and remands for further proceedings. Finds the government’s failure to produce the correct and complete continuity slip until mid-trial violated Federal Rule of Criminal Procedure 16. Agrees with defense that the incomplete slip presented during discovery was the basis of the defendant’s trial strategy and his decision not to seek a plea agreement.
Retired ILS director says ‘small acts made a monumental contribution’
Colleagues, former colleagues, clients, family and friends gathered July 11 to thank longtime Indiana Legal Services executive director Norman Metzger for his work in making sure disadvantaged and indigent Hoosiers did not fight alone.
Jury hears closing statements on man accused in home blast
Jurors have heard closing statements from the state and defense in the trial of a man accused of planning a 2012 home explosion that gutted an Indianapolis subdivision and killed a neighboring couple.
COA affirms judgment against Hammond in towns’ sewer suit
Hammond’s sanitary district had no statutory authority to cancel wastewater treatment contracts with the neighboring Lake County towns of Griffith, Highland and Whiting, the Indiana Court of Appeals ruled Monday, affirming the trial court in a split opinion.
Court to abusive litigant: Pay filing fees or you’re done
A Washington, D.C., man who has scribbled illegible, abusive lawsuits against presidents, Congress, celebrities and many others in federal courts around the country – sometimes seeking trillions of dollars – can’t do that anymore in the Southern District of Indiana without first paying filing fees, a judge has ruled.
US personnel chief resigns in wake of massive data breach
The head of the U.S. government's personnel office resigned abruptly on Friday, bowing to pressure for her to step down following a massive government data breach on her watch.
Opinions July 10, 2015 ILD
Indiana Court of Appeals
Rose A. Martiradonna f/k/a Rose A. Rynberk v. Gilbert W. Rynberk (mem. dec.)
45A03-1411-DR-411
Domestic relation. Affirms order dissolving marriage of Rose and Gilbert Rynberk. Finds the court did not abuse its discretion in denying wife’s motions to reopen discovery. Also rules court did not err in finding the husband’s three bonuses were not marital assets.
Derek Lee Morris v. State of Indiana (mem. dec.)
49A02-1412-PC-892
Post conviction. Dismisses Morris’ appeal of the denial of his petition for additional credit time. Finds he has already litigated petitions for post-conviction relief and did not file this petition according to the procedures for successive petitions.
Wernle Youth & Family Treatment Center, Inc. v. Review Board of the Indiana Department of Workforce Development and C.B. (mem. dec.)
93A02-1501-EX-19
Civil. Affirms the Review Board of the Indiana Department of Workforce Development that the discharge of employee C.B. by Wernle Youth & Family Treatment Center Inc., was not for just cause and C.B. is entitled to benefits.
Opinions July 10, 2015
Indiana Supreme Court
In the Matter of: Tenneil E. Selner
71S00-1402-DI-96
Attorney discipline. Suspends Tenneil E. Selner for three years without automatic reinstatement for her federal conviction of distribution of pseudoephedrine to participants in a methamphetamine ring. Justices approved the conditional agreement for discipline by a 4-1 vote, with Justice Dickson dissenting, believing Selner’s conduct demonstrated unfitness.
Defense calls 1 witness in Indianapolis home explosion trial
More than 160 witnesses testified for the prosecution in the month-long trial of a man accused of planning a home explosion that gutted an Indianapolis subdivision in 2012, killing two neighbors.
Appeals panel hears arguments on Obama immigration action
A federal appeals court in New Orleans was set to hear arguments Friday over President Barack Obama's plan to protect from deportation as many as 5 million immigrants living illegally in the United States.
Lawyer suspended for distributing pseudoephedrine
A South Bend attorney who pleaded guilty to federal charges that she supplied a key ingredient to members of a meth ring has been suspended from the practice of law for three years.
Searches without suspicion are not unconstitutional, COA affirms
A one-month-old decision by the Indiana Supreme Court upended a probationer’s argument that the search of his nightstand was unconstitutional.
IU Maurer announces locked-in tuition for entering classes
Indiana University Maurer School of Law has announced tuition for the incoming class won’t increase during students’ three years of study in Bloomington.
Opinions July 9, 2015 ILD
Indiana Court of Appeals
Jerry W. Thomas v. State of Indiana (mem. dec.)
82A04-1410-CR-477
Criminal. Affirms conviction for child molesting, a Class A felony.
Donald W. Harshaw v. Elizabeth A. Harshaw (mem. dec.)
45A04-1408-PL-397
Civil plenary. Affirms order adopting an arbitration award in favor of Elizabeth Harshaw. Finds partition count was not a pending matter submitted for arbitration. Judge Patricia Riley concurs with majority decision regarding the arbitration award but dissents on the finding regarding the partition count.
In the Matter of T.D., A Child Alleged To Be In Need Of Services, W.D., Father v. The Indiana Department of Child Services (mem. dec.)
79A02-1411-JC-790
Juvenile CHINS. Affirms order that T.D. is a child in need of services.
David Moss v. Indianapolis Department of Natural Resources (mem. dec.)
49A02-1501-PL-7
Civil plenary. Affirms, in part, reverses in part and remands a trial court’s granting of a petition for judicial review filed by the Indiana Department of Natural Resources regarding David Moss’ employment. Finds DNR’s petition for judicial review timely filed but concludes it is unclear whether the issues raised in the petition were preserved for judicial review. Remands for consideration of whether the issues raised by DNR were properly preserved for judicial review.
Derrick Harris v. State of Indiana, Parole Board (mem. dec.)
18A04-1407-MI-338
Mental health. Dismisses Harris’ appeal of the denial of his petition for habeas corpus. Finds his appeal is moot because he has been released from the Delaware County Jail.
Charles Stierwalt v. Travis Barton and City of Linton, Indiana (mem. dec.)
28A01-1412-CT-528
Civil tort. Affirms dismissal of Stierwalt’s complaint against Thomas Barton and the city of Linton. Finds Stierwalt did not comply with the provision of the Indiana Tort Claims Act which requires a claimant, bringing a claim against a political subdivision, to file notice with the governing body of a political subdivision 180 days before filing the claim.
Joshua Woodson v. State of Indiana (mem. dec.)
49A04-1410-CR-475
Criminal. Affirms conviction for Class D felony operating a vehicle while suspended as a habitual traffic violator.
Daniel Smith v. State of Indiana (mem. dec.)
07A01-1411-CR-485
Criminal. Affirms convictions for two counts of violating orders to vacate a condemned dwelling, Class B misdemeanors.
Opinions July 9, 2015
7th Circuit Court of Appeals
The following opinion was posted Wednesday after IL deadline
Carlene M. Craig, et al. v. FedEx Ground Package System, Inc.
10-3115
Appeal from U.S. District Court, Northern District of Indiana, South Bend Division;
Judge Robert L. Miller, Jr.
Civil. Reverses multi-district litigation court’s grant of summary judgment to FedEx and remands with instructions to enter summary judgment in favor of plaintiffs, the Kansas drivers. The drivers are employees of FedEx rather than independent contractors under the Kansas Wage Payment Act, the court ruled. Proceedings may include remand to the Kansas District Court for a determination of damages.