New-crime exception applies in Indiana
Tackling an issue of first impression, the Indiana Court of Appeals applied the new-crime exception under the exclusionary rule of the Fourth Amendment as well as under the Indiana Constitution.
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COA split over company’s duty following propane accident
The Indiana Court of Appeals was divided Tuesday over whether a company that supplied a propane tank which was hooked up to a mobile home without the company’s permission owed a duty to a couple injured after an explosion in that home.
COA affirms father in contempt for not paying education expenses
The Indiana Court of Appeals affirmed the finding of a trial court that a daughter did not repudiate her father following a fall out over a car, so her father was required to continue paying her post-secondary educational expenses.
Inmate not entitled to revised sentence under amended statute
Although the recently amended sentence-modification statute now applies to an inmate seeking to revise his sentence, the Indiana Court of Appeals affirmed the denial of Ivan Vazquez’s petition due to untimely filing.
Opinions June 23, 2015 ILD
Indiana Court of Appeals
In re: the Estate of Robert F. Darter; Richard Darter v. Bernice T. Banks (mem. dec.)
79A05-1409-ES-453
Estate. Affirms sale of estate property.
Fritz Bernier v. State of Indiana (mem. dec.)
49A02-1410-CR-718
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct. Remands for trial court to correct Bernier’s name in the record.
One West Bank, FSB v. Jason Jarvis, Natalie Jarvis, Mortgage Electronic Registration Systems, Inc. As Nominee for American Mortgage Network, Inc., GE Money Bank, et al. (mem. dec.)
45A03-1501-MF-1
Mortgage foreclosure. Affirms $100,000 in sanctions against One West Bank.
Shepard to receive ABA John Marshall Award
Former Indiana Chief Justice Randall T. Shepard, the longest-serving chief justice in Indiana, is the recipient of the 2015 John Marshall Award, named after the longest-serving chief justice of the Supreme Court of the United States.
Opinions June 23, 2015
The following 7th Circuit Court of Appeals opinion was posted after IL deadline:
John W. Perotti v. Diane Quinones and Billie Kelsheimer
14-229
U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge Jane Magnus-Stinson.
Civil. Affirms District Court’s denial of Perotti’s petition of habeas corpus ad testificandum and arrangement for him to participate in his alleged retaliation trial by video conferencing. The decision did not disadvantage him, and the judge did everything she could to make sure that Perotti saw as much of the trial proceeding and its participants as was possible.
Justices take fired principal, battery cases
The Indiana Supreme Court will decide whether an elementary school principal fired for having a consensual relationship with a teacher will be allowed to continue his breach of contract lawsuit. That case is one of two the justices accepted on transfer last week.
Inmate not disadvantaged by appearing at trial by video
The 7th Circuit Court of Appeals affirmed Monday that a New Jersey inmate who filed a retaliation lawsuit against officials at an Indiana prison while he was housed there was not disadvantaged when the judge denied his request to be transported to Indiana for the trial. The judge instead ordered he appear by video conferencing.
COA split over whether officer had suspicion suspect was armed
An Indiana Court of Appeals panel was split Tuesday as to whether a man’s firearm conviction should be affirmed.
COA split over whether officer had suspicion suspect was armed
An Indiana Court of Appeals panel was split Tuesday as to whether a man’s firearm conviction should be affirmed.
Public defender charged with sex offenses involving inmates
An Indianapolis attorney and ex-judge working as a Shelby County public defender has been charged with three counts of sexual misconduct and one count of official misconduct after he was accused of inappropriately touching inmates at the Shelbyville jail. Authorities said one instance was recorded on video.
Indiana judge rejects mistrial motion in house blast trial
An Indiana judge rejected a defense motion Monday for a mistrial over alleged prosecutorial misconduct in the case of a man accused of using natural gas to cause a house explosion that killed two people and gutted an Indianapolis neighborhood.
Battle over plant annexation stirs controversy in Reynolds
Leaders in Reynolds have stirred controversy after annexing an iron pellet plant just outside of the small White County town.
Angie’s List lawsuit charges Amazon stole trade secrets
Angie’s List Inc. has filed a federal lawsuit against online goliath Amazon.com, charging the company stole service-provider lists and other proprietary information in its quest to build a direct competitor, Amazon Local.
Pensions vex as ranks of retired partners grow
The funding of pension plans remains problematic for many employers, and on June 17 the federal government named well-known attorney and mediation maven Kenneth Feinberg to supervise a new program that allows some pension funds to cut retiree benefits.
Opinions June 22, 2105
Indiana Court of Appeals
K.K. v. State of Indiana
49A02-1410-JV-687
Juvenile. Affirms adjudication as delinquent for having committed the offense of dangerous possession of a firearm, a Class A misdemeanor if committed by an adult. The odor of burnt marijuana emanating from a vehicle K.K. was a passenger in provided probable cause for officers to arrest the car’s three occupants, such that the loaded handgun found during the search of K.K. was properly admitted into evidence.
Zoeller named ‘Attorney General of the Year’
The National Association of Attorneys General has given Indiana Attorney General Greg Zoeller its 2015 Kelley-Wyman Award, also known as the “Attorney General of the Year” award. Zoeller received the honor during its annual conference last week.
Post-conviction relief unavailable for traffic infractions
A man ticketed for a traffic violation and speeding is not entitled to post-conviction relief or relief from judgment, the Indiana Court of Appeals ruled Monday. Post-conviction relief is only available when someone has committed a crime.
Teen’s arrest did not violate 4th Amendment
The Indiana Court of Appeals upheld a teen’s adjudication for carrying a handgun handed down after police arrested the occupants of the car he was riding in after smelling burnt marijuana during a traffic stop. The judges unanimously held the officers had probable cause to arrest the car’s occupants, including the teen.