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Opinions July 30, 2015 ILD

Court of Appeals
Jeremy Farris v. State of Indiana (mem. dec.)
67A04-1411-CR-533
Criminal. Affirms post-conviction court’s denial of his motion for partial summary judgment.

Ashley L. Stapert v. State of Indiana (mem. dec.)
18A02-1411-CR-787
Criminal. Affirms convictions for two counts of Class A felony child molesting.

Walker Whatley v. State of Indiana (mem. dec.)
49A02-1411-PC-781
Post conviction. Affirms denial of Whatley’s petition for post-conviction relief.

Ronald Moore v. State of Indiana (mem. dec.)
09A02-1411-CR-792
Criminal. Affirms conviction and 18-year sentence with 10-year enhancement for one count of dealing in a schedule I controlled substance, a Class B felony.

Tammie D. Wasson v. State of Indiana (mem. dec.)
70A04-1504-CR-139
Criminal. Affirms seven-year aggregate sentence for conviction of Class B felony dealing in a controlled substance.
 

 

Opinions July 30, 2015

Indiana Supreme Court
Wellpoint, Inc. (F/K/A Anthem, Inc.) and Anthem Insurance Companies, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, AIG Europe (U.K.) Limited, et al
49S05-1404-PL-244
Civil plenary. Grants petition for rehearing to modify the Supreme Court’s previous opinion. Finds its reversal should be clarified to grant summary judgment in favor of Anthem but only on the issues raised in Continental’s motion of summary judgment. Holds Continental did not waive its unasserted defenses.

Trial court erred in ruling defendant waived counsel

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.

Tax Court stands by its original decision

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.

Judge: Indiana prisoner’s peyote suit must proceed

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.

Judge: Landowners can’t keep public off Lake Michigan beach

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.

Opinions July 29, 2015 ILD

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.
 

Opinions July 29, 2015

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.

COA hands remonstrators another defeat

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.

Aunt denied custody of CHINS niece in foster care

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.

Muncie lawmaker seeks Mounds Reservoir summer study

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.

Litigant misses trial court’s SHOUTING

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.