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Opinions May 27, 2015

May 27, 2015

Indiana Court of Appeals
Tommy Lampley v. State of Indiana
48A04-1405-CR-231
Criminal. Affirms revocation of probation. Lampley admitted to participating in unlawful conduct during his probationary period.

COA upholds man’s belated appeal, molestation conviction

May 27, 2015

Citing the defendant’s limited understanding of English and his timely request for appellate counsel, the Indiana Court of Appeals affirmed the decision by the trial court to grant a man’s belated notice of appeal regarding a child molesting conviction.

How law firms use Facebook and other data to track down medical victims

May 27, 2015

For ambulance chasers, persistence and a phone book just don’t cut it anymore. Law firms, which once relied on television commercials, billboards, and cold calling numbers in the white pages to find plaintiffs for medical lawsuits, have begun to embrace technology. To locate their ideal pharma victims more quickly and at lower costs, they're using data compiled from Facebook, marketing firms, and public sources, with help from digital bounty hunters.

Obama loses second bid to implement overhaul of immigration

May 27, 2015

President Barack Obama’s bid to make overhauling immigration policy a second-term victory was dealt a serious blow as federal judges ruled the effort must remain on hold while 26 states sue to overturn it.

Environmental groups sue over Illiana Tollway approval

May 27, 2015

Illinois environmental groups have filed a lawsuit over the proposed Illiana Tollway. They claim federal approval relied on faulty information and didn't adequately consider environmental impacts.

Indiana securities commissioner abruptly resigns

May 27, 2015

Carol Mihalik resigned as Indiana’s securities commissioner, the state announced.

Judge believes lack of victim notification of plea supports vacating agreement

May 26, 2015

A Court of Appeals judge dissented from his colleagues on Tuesday when he voted to support a trial court’s decision to throw out a plea agreement on the day of sentencing. The trial court discovered the victim in the case had not been notified of the plea agreement.

Court declines to rule on constitutionality of statute as it relates to auditors

May 26, 2015

Because the Marion County auditor does not have statutory or common law standing to appeal a property tax assessment board of appeals’ decision under Indiana Code 6-1.1-15-12 to the Indiana Tax Court, its judge, Martha Wentworth, held that the constitutional challenge raised regarding the statute will have to be decided another day.

Drug conviction reversed because state didn’t prove substance was heroin

May 26, 2015

Because police did not prove the product of a controlled drug buy was heroin, the Court of Appeals reversed a man’s conviction of Class A felony dealing in a narcotic within 1,000 feet of a school.

Opinions May 26, 2015 ILD

May 26, 2015

Indiana Court of Appeals
Thomas W. Burton v. State of Indiana (mem. dec.)
41A01-1312-CR-539
Criminal. Grants Burton’s petition for rehearing for the limited purpose of correcting a statement of fact and denies his petition in all other respects.
 
In the Matter of the Involuntary Term. of the Parent-Child Relationship of E.T., M.T., J.T., S.T., T.W., Minor Children, and their Mother, J.R., J.R. v. Ind. Dept. of Child Services (mem. dec.)
45A03-1410-JT-364
Juvenile. Affirms termination of parental rights.

David S. Murray v. State of Indiana (mem. dec.)
02A03-1412-CR-428
Criminal. Affirms sentence for Class D felony theft.

Christopher McGrath v. State of Indiana (mem. dec.)
15A04-1410-CR-507
Criminal. Affirms order revoking probation and reinstating four years of the previously suspended portion of McGrath’s six-year sentence for Class C felony possession of a schedule IV controlled substance.

Lake County Trust Co., as Trustee for Lake County Trust 5434, James L. Gagan and Eugene H. Deutsch v. United Consumers Club, Inc. (mem. dec.)
45A03-1407-PL-226
Civil plenary. Reverses grant of United Consumers Club’s motion to dismiss on grounds of res judicata.

Bradley E. Kennedy v. State of Indiana (mem. dec.)
35A04-1412-CR-570
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Jason T. Myers v. Anonymous Medical Group, Anonymous Physician (mem. dec.)
79A05-1411-CT-525
Civil tort. Affirms summary judgment in favor of the physicians on Myers’ medical malpractice complaint.

Emmanuel Joseph Cain v. State of Indiana (mem. dec.)
53A01-1406-CR-242
Criminal. Affirms convictions of two counts of Class B felony dealing in cocaine.

 

Opinions May 26, 2015

May 26, 2015

Indiana Tax Court
Marion County Auditor v. State of Indiana
49T10-1406-TA-25
Tax. Grants the state’s motion to dismiss the auditor’s action challenging the constitutionality of I.C. 6-1.1-15-12. The auditor does not have statutory or common law standing to appeal the PTABOA’s decision on Grandville’s Forms 133 to the Tax Court.

KBR, Halliburton win at US Supreme Court on suit deadlines

May 26, 2015

The Supreme Court of the United States tightened the time limits for whistle-blower lawsuits that accuse contractors of overbilling the federal government during overseas conflicts. The ruling is a victory for KBR Inc. and Halliburton Co.

SCOTUS to consider appeal over electoral districts

May 26, 2015

The Supreme Court of the United States agreed Tuesday to hear an important case about whether states must count only those who are eligible to vote, rather than the total population, when drawing electoral districts for their legislatures.

US Supreme Court clarifies power of bankruptcy judges

May 26, 2015

The Supreme Court of the United States says bankruptcy courts have authority to rule on disputes that fall outside the bankruptcy proceedings if the parties to the case consent.

COA: No evidence employee violated professional conduct rule

May 26, 2015

The Indiana Court of Appeals on Tuesday reversed the denial of a man’s application for unemployment benefits, finding the record doesn’t support that he was fired for just cause for violating his employer’s professional conduct rules. The man kept a mentally disabled client in a hot car, citing his safety and the safety of other riders.

State proved man forced his way into apartment, COA holds

May 26, 2015

A man convicted of three crimes stemming from the robbery of an apartment could not convince the Indiana Court of Appeals that he did not force his way into the apartment because someone inside opened the door first.

Fallout from Supreme Court case on Obamacare could be ‘ugly’

May 26, 2015

A Supreme Court ruling due in a few weeks could wipe out health insurance for millions of people covered by President Barack Obama's health care law. But it's Republicans — not White House officials — who have been talking about damage control.

Indiana fish farm loses lawsuits over unpaid bills

May 26, 2015

A central Indiana fish farm that last year won approval for a $30 million expansion faces more than $200,000 in court judgments after lawsuits filed by businesses who say the company owes them money.

Gay marriage challenges cost Indiana $1.4M in attorney fees

May 26, 2015

The state of Indiana had to pay more than $1.4 million in fees to plaintiffs' attorneys in its unsuccessful attempt to maintain a ban on same-sex marriages, the attorney general's office says.

Opinions May 22, 2015 ILD

May 22, 2015

Indiana Court of Appeals
T.H. v. State of Indiana (mem. dec.)
49A02-1409-JV-633
Juvenile. Reverses the portion of the juvenile court’s order requiring T.H. to make restitution payments as a condition of probation and remands with instructions to modify the dispositional order consistent with this opinion.

Leonard Bond v. State of Indiana (mem. dec.)
49A04-1412-CR-554
Criminal. Affirms conviction and sentence for murder.

Rodney S. Perry, Sr. v. State of Indiana (mem. dec.)
45A04-1409-CR-435
Criminal. Affirms denial of motion to correct erroneous sentence.

Dedric Thompson v. State of Indiana (mem. dec.)
89A01-1408-PC-359
Post conviction. Affirms denial of petition for post-conviction relief.
 

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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