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COA: Accomplice liability instruction is harmless error

Although the trial court erred in instructing the jury during a man’s murder and attempted murder trial regarding accomplice liability as it applied to attempted murder, the error was harmless, the Indiana Court of Appeals held Wednesday.

INDOT not entitled to immunity in wrongful death action

The Indiana Department of Transportation failed to convince the Court of Appeals that it is entitled to discretionary function immunity under the Indiana Tort Claims Act in a wrongful death lawsuit brought by the estate of a construction worker killed while working on an interstate project.

COA reverses probation revocation of man unable to fully pay restitution

A trial court should not have revoked the probation of a man who was ordered to pay more than $100,000 in restitution as a condition of his probation, the Indiana Court of Appeals ruled. The man was able to prove that he could not fully pay off the balance owed because he was unable to obtain a reverse mortgage on his home.

Care facility’s petition for judicial review barred by res judicata

A Merrillville nursing facility’s third petition seeking judicial review of the state Department of Health’s decision to deny a full license to the facility was barred by a previous petition for judicial review of the matter, the Indiana Court of Appeals ruled.

7th Circuit: No evidence officer was victim of racial discrimination

The 7th Circuit Court of Appeals affirmed the grant of defendants’ motion for summary judgment on a St. Joseph County Police sergeant’s lawsuit claiming discrimination because he is African-American. The judges held the man was unable to prove discrimination after he was passed over for promotions or began working in the department’s property room.

Evidence seized from probationer’s roommate violated 4th Amendment

The Indiana Supreme Court on Tuesday reversed the partial denial of a man’s request to suppress drug evidence found during a routine warrantless search of the residence he shared with a man on probation. The probationer only consented to searches based on reasonable suspicion.

Opinions June 9, 2015 ILD

Indiana Court of Appeals
D.B. v. State of Indiana (mem. dec.)
49A02-1410-JV-757
Juvenile. Reverses adjudication for committing what would be Class A misdemeanor carrying a handgun without a license if committed by an adult.

Andrew M. Shaw v. Tera A. Shaw (mem. dec.)
87A04-1411-DR-527
Domestic relation. Affirms grant of mother’s motion to relocate with minor child.

Susan D. Troyer v. Mervin D. Troyer (mem. dec.)
20A04-1409-DR-445
Domestic relation. Affirms order denying mother’s motion for expedited hearing on transfer of school district for minor children.

James K. Chenoweth v. State of Indiana (mem. dec.)
20A04-1410-PC-465
Post conviction. Affirms denial of petition for post-conviction relief.

Sheila R. (Naum) Porter v. Brett T. Naum (mem. dec.)
49A02-1409-DR-623
Domestic relation. Affirms order on custody, emancipation and attorney fees.

Courtney L. Sharp v. State of Indiana (mem. dec.)
05A02-1411-CR-786
Criminal. Affirms sentence following guilty plea to Class C felony possession of cocaine.

Kevin Axton v. State of Indiana (mem. dec.)
27A04-1404-CR-184
Criminal. Affirms sentence for Class C felony criminal confinement, Class A misdemeanor domestic battery, Class D felony intimidation and Class B felony criminal deviate conduct.

Shelben Curtis v. State of Indiana (mem. dec.)
45A03-1410-CR-365
Criminal. Affirms convictions and sentence for Class A felony voluntary manslaughter and Class B felony aggravated battery.

 

Retired ILS leader gets national honor

Norman Metzger, retired executive director of Indiana Legal Services, is receiving national recognition for his work and dedication to providing legal assistance for the poor. 

Justices decline to make bright-line rule on admission of coverage limits

The Indiana Supreme Court affirmed the admission of a couple’s uninsured motorist policy limits at a trial in which the couple sued its insurer to recover under that provision. But in doing so, the justices declined requests by the Indiana Trial Lawyers Association and the Defense Trial Counsel of Indiana to adopt a bright-line rule on the admission of coverage limits.

Appeals court tosses suits challenging climate change plan

A federal appeals court on Tuesday threw out a pair of high-profile lawsuits challenging the Obama administration's sweeping plan to address climate change, saying it's too early to challenge a proposed rule that isn't yet final.

Judicial candidate serving as juror was not fundamental error

A man convicted of child molesting argued that an attorney and judicial candidate should not have been allowed to serve as a juror on his trial. But he failed to object to her placement on the jury at the time of the trial, and the Indiana Court of Appeals rejected his claim of fundamental error.

COA orders foreclosed Golden Corral to be in sheriff’s sale

The Indiana Court of Appeals reversed the holding of a Lake County court that allowed the mortgage holder of a restaurant in Merrillville to immediately take possession of the parcel of land. Under Indiana law, the parcel should go into a sheriff’s sale, the majority held.

Attorney: House explosion stupid, selfish plan gone awry

A man accused of plotting a deadly explosion that damaged or destroyed more than 80 homes in an Indianapolis neighborhood should have known the scheme could kill people, even if that wasn't his intent, a prosecutor told jurors Monday as the murder trial began.