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A man’s conviction of Class C felony child molestation was affirmed Thursday by the Indiana Supreme Court, which held that even though improper vouching testimony was admitted in error, the defendant failed to preserve the issue for appeal.
A man was unable to overcome heavy precedent and convince the Indiana Supreme Court his convictions violated the state prohibition against double jeopardy.
A defendant who pleaded with a judge to try to obtain possibly exculpatory video evidence he said his public defender refused to seek did not, by his conduct, waive his right to counsel, the Indiana Court of Appeals determined Thursday.
Reiterating the relationship between exclusion and consumption exemption, the Indiana Tax Court upheld its earlier ruling exempting Aztec Partners LLC from paying sales tax on the electricity it used.
A Lake County judge was surprised July 29 when he received the Indiana Sagamore of the Wabash award, one of the state’s highest civil honors.
In tweaking an earlier reversal, the Indiana Supreme Court has given the defendant the avenue to raise additional unasserted defenses.
An Indiana inmate’s federal lawsuit claiming he has a religious right to use peyote and tobacco must proceed, a judge ruled, though she also made clear state officials may seek a motion to dismiss the case.
A LaPorte man convicted of killing a former wife in 1979 has been sentenced to 47 years for killing another wife.
A man who owns a piece of Indiana’s short stretch of Lake Michigan shoreline and said he had “complete and exclusive ownership” of its beachfront holds no such right and cannot deny the public access to that space, a judge has ruled.
Indiana Court of Appeals
William Goodwin v. State of Indiana (mem. dec.)
33A05-1501-IF-23
Infraction. Affirms, in part, trial court determination that Goodwin is guilty of Class C infraction following too closely. Remands to the trial court for further proceedings to address the issue of waiver of the right to be present at trial.
Billy L. Haymaker v. Victoria L. Haymaker (mem. dec.)
61A01-1411-DR-495
Domestic. Affirms, in part, and reverses, in part, division of marital estate, remanding to the trial court for recalculation of the final distribution of the martial estate.
Yorel M. Wallace v. State of Indiana (mem. dec.)
79A02-1411-CR-815
Criminal. Dismisses appeal of revocation of probation.
Connie Kidd v. State of Indiana (mem. dec.)
16A01-14125-CR-522
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated. Remands to amend Kidd’s abstract of judgment to clarify only one conviction was entered against her.
Cornelius T. Banks v. State of Indiana (mem. dec.)
34A02-1501-CR-37
Criminal. Affirms 15-year sentence for conviction of Class B felony dealing cocaine.
7th Circuit Court of Appeals
United States of America v. Robert L. Lee
14-2010
Appeal from the U.S. District Court for the Northern District of Indiana, South Bend Division.
Judge Robert L. Miller
Affirms revocation of supervised release for violation of terms due to commission of a crime. Rejects Lee’s argument that due process under the Fifth Amendment and Federal Rule of Criminal Procedure 32.1 requires citation to a specific statute to provide written notice of the alleged violation.
A dissenting judge on an Indiana Court of Appeals panel that Wednesday reversed a child custody order implied the majority reweighed evidence to reach its conclusion.
The Indiana Court of Appeals has reversed another annexation ruling, this time finding the town of Whitestown can move forward with plans to incorporate a portion of Perry Township.
Indianapolis authorities are warning about a scam in which people get a phone call from someone demanding payment to avoid a warrant or arrest for failing to appear for jury duty.
A South Bend man whose supervised release on a federal firearms conviction was revoked after he was accused of assaulting a woman wasn’t deprived due process, the 7th Circuit Court of Appeals ruled Wednesday.
An aunt who repeatedly sought to gain custody of her 4-year-old niece the Department of Child Services placed in foster care got no relief from the Indiana Court of Appeals Wednesday.
A controversial proposal to dam the White River in Anderson and create a 2,100-acre reservoir stretching east to Yorktown should be studied by a legislative committee this summer, a Muncie lawmaker said.
An Indiana man disputing with an Indiana law firm over the collection of his credit card debt was reminded by the 7th Circuit Court of Appeals that capital letters included in a court order should not be ignored.
Indiana Court of Appeals
In re the Marriage of: Thomas E. Thompson v. Donna B. Thompson (mem. dec.)
74A05-1412-DR-598
Domestic relation. Affirms the trial court’s judgment not to use a Qualified Domestic Relations Order to divide Thomas Thompson’s 401(k). Reverses order that Thompson make a cash equalization payment to Donna Thompson for $144,241.86, finding the trial court erred in failing to consider the tax consequences of drawing down the husband’s 401(k) and selling the marital home. Remands with instructions that the trial court revaluate certain assets to account for the tax consequences.
In re the Marriage of: Deborah D. Skelton v. Rodney D. Skelton (mem. dec.)
55A01-1412-DR-512
Domestic relation. Affirms the award of primary physical custody of the children to Rodney Skelton. Also affirms the denial of Deborah Skelton’s request for the trial court to speak to oldest child. Reverses the division of the marital estate, finding the trial court erred by not including in the marital estate the wife’s $31,073.00 student loan debt incurred prior to the marriage. Remands for the trial court to specify whether it intended to order the wife to make an equalization payment of $10,944.51 to the husband.
Adam Horton v. State of Indiana (mem. dec.)
79A02-1410-CR-765
Criminal. Affirms Class D domestic battery conviction. Finds Horton knowingly, voluntarily and intelligently waived his right to a jury trial on the Class D felony enhancement.
J.B. v. State of Indiana (mem. dec.)
55A01-1411-JV-483
Juvenile. Affirms order that J.B. register as a sex offender.
Performance Contracting, Inc. v. Randy Lowe (mem. dec.)
93A02-1502-EX-98
Civil. Affirms the Worker’s Compensation Board of Indiana’s order that Lowe be awarded compensation for the claims of temporary total disability and medical expenses.
Jevon Deandre Ollins v. State of Indiana (mem. dec.)
79A02-1412-CR-843
Criminal. Affirms 13-year sentence after guilty plea to burglary, a Class B felony.
Aqueeli Hakeem Walton v. State of Indiana (mem. dec.)
45A05-1412-CR-600
Criminal. Affirms conviction of murder.
Michael C. Pulley v. State of Indiana (mem. dec.)
79A02-1412-CR-852
Criminal. Affirms splitting the 13-year sentence between the Indiana Department of Correction and community corrections for Class B felony possession of methamphetamine and Class C felony possession of chemical reagents.
In Re the Adoption of D.B. and S.R., M.R. v. J.W. (mem. dec.)
71A03-1410-AD-385
Adoption. Affirms St. Joseph Probate Court granting the petition of J.W., the stepfather, to adopt S.R.
7th Circuit Court of Appeals
Grant E. Bentrud v. Bowman Heintz Boscia & Vician, P.C.
14-2384
Appeal from the U.S. District Court, Southern District of Indiana, Indianapolis Division
Judge William Lawrence.
Civil. Affirms grant of summary judgment in favor of Bowman Heintz. Finds Bowman Heintz did not violate the Federal Debt Collections Practices Act for filing a second motion for summary judgment after the 30-day deadline to initiate arbitration had passed.