Indiana county OKs ‘recall’ for failure to appear warrants
A northwest Indiana county is giving thousands of people facing outstanding warrants for failing to appear in court a chance to surrender on their own terms.
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Judge dismisses 54 potential jurors in house explosion trial
Jury selection in the trial of an Indianapolis man charged in a deadly 2012 house explosion got off to a rocky start Thursday when a judge dismissed the first 54 potential jurors following a defense attorney's revelation that the suspect is also accused of trying to hire a hit man to kill a witness.
COA upholds termination of mother’s parental rights
The Indiana Court of Appeals found no abuse of discretion by a trial court when it denied a mother’s request to continue her termination of parental rights hearing for several months, when she expected to be released from incarceration. The mother was unable to prove that she would definitely be out of jail at that time.
Opinions June 4, 2015 ILD
Indiana Court of Appeals
Jeffrey T. Gorham v. Dana E. Downing f/k/a Dana E. Gorham (mem. dec.)
29A02-1411-DR-803
Domestic relation. Affirms denial of husband’s motion to correct error.
Brandon George, Dustin George and 2911 Investments, LLC v. Pekin Life Insurance Company (mem. dec.)
38A02-1410-PL-751
Civil plenary. Reverses summary judgment for Pekin Life Insurance on the beneficiaries’ claim of breach of contract. Affirms summary judgment for the company on the beneficiaries’ bad faith claim and request for punitive damages.
Kraig Martin v. State of Indiana (mem. dec.)
49A04-1409-CR-434
Criminal. Affirms revocation of probation and placement in community corrections. Reverses imposition of $100 public defender fee against Martin but affirms remaining $560 in fees. Judge Riley concurs in part and dissents in part with the opinion.
Control Building Services, Inc. v. Simon Services, Inc., d/b/a Simon Business Network (mem. dec.)
49A04-1412-PL-547
Civil plenary. Reverses $10,407.80 fine assessed by the trial court to Control Building Services after finding it in contempt.
Renald Williams, Sr. v. State of Indiana (mem. dec.)
02A04-1409-CR-412
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony possession of chemical reagents or precursors with intent to manufacture and aggregate 19-year sentence.
In Re: The Adoption of: M.W.M and K.R.M. (Minor Children) M.M. v. W.S. (mem. dec.)
43A03-1501-AD-16
Adoption. Affirms dismissal of M.M.’s motion for relief from judgment.
Ricardo B. Fuller v. State of Indiana (mem. dec.)
79A02-1411-CR-818
Criminal. Affirms dismissal of Fuller’s motion seeking modification of his 65-year sentence for Class A felony burglary, Class B felony criminal confinement, Class C felonies battery and stalking, and Class A misdemeanors domestic battery and invasion of privacy.
Court erred in concluding vested title severed by tax sales
The Indiana Court of Appeals ordered judgment entered in favor of two families on their claim for adverse possession over a disputed tract of land in Pulaski County. The judges found the trial court erred when it found two tax sales involving the disputed property divested the adverse holders of their title to the real property.
Opinions June 4, 2015
Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Relationship of, M.W., (Minor Child) and, J.W., (Mother) v. The Ind. Dept. of Child Services
82A01-1410-JT-456
Juvenile. Affirms termination of parental rights. The trial court did not abuse its discretion in denying the mother’s motion for a continuance of the termination of the parental rights hearing.
Man’s Indiana conviction for stealing car barred by Kentucky conviction
A man who stole a car in Vanderburgh County, fled into Kentucky and then was arrested and charged with similar crimes of auto theft and fleeing police in both states had his Indiana auto theft conviction reversed by the Court of Appeals Thursday.
US House chops legal aid budget
Budget cuts to legal aid funding approved June 3 by the U.S. House of Representatives could mean layoffs and office closures nationwide.
Panel splits over interpretation of corrupt business influence statute
The majority on a Court of Appeals panel tossed out a man’s corrupt business influence conviction after finding his criminal activity did not pose a threat of future criminal conduct. But the dissenting judge noted the majority was inserting a new element into the Indiana statute that does not exist.
Judge to allow recordings from Indy blast at trial
The judge hearing the trial of a man charged in an Indianapolis house explosion says he'll allow prosecutors to present an audio recording of the screams of a man who initially survived the blast before dying.
Developer proposes revised plan for Indy criminal justice center
The partnership that wants to develop a criminal justice center in Indianapolis has proposed a slightly scaled-down version in hopes of resurrecting the project.
Whitestown likely to appeal Zionsville case to Supreme Court
A ruling from the Indiana Court of Appeals allowing Zionsville to merge with Perry Township is likely to be challenged before the state Supreme Court.
Tax Court orders more proceedings on sale of racetrack and card club
The Indiana Department of State Revenue scored a partial victory in Tax Court on Wednesday when the court granted the agency’s motion for summary judgment regarding whether I.C. 6-3-2-2.2 applied in its taxing of a portion of the gain generated by a Las Vegas-based corporation’s sale of a horse racetrack and card club to an out-of-state company. But there are issues of genuine material fact as to whether the department correctly classified Pinnacle Entertainment’s gain as business income.
Inconsistency by trial court leads to partial reversal
Because a trial court hearing a child support matter at first declined to impute the income of the stepfather to the child’s mother, but later treated their income as the same when it came to the cost of her child’s health insurance, the Indiana Court of Appeals partially reversed a Hamilton Superior Court’s 2014 ruling.
Legislature continues support of We the People program
Indiana’s We the People program, a civics education curriculum that teaches elementary, middle and high school students about U.S. history and government, has received another round of funding from the Statehouse.
Opinions June 3, 2015 ILD
Indiana Court of Appeals
Brent Simcox v. State of Indiana (mem. dec.)
52A04-1501-CR-8
Criminal. Affirms amount of restitution Simcox must pay after pleading guilty to Class B felony burglary.
Ronald C. Weyland v. State of Indiana (mem. dec.)
48A04-1409-CR-446
Criminal. Affirms convictions for Class A felony attempted child molesting and Class C felony child molesting. Reverses conviction of Class A felony child molesting and remands with instructions to vacate.
Jabari R. Eldridge v. State of Indiana (mem. dec.)
02A03-1412-CR-458
Criminal. Affirms conviction of Class D felony battery resulting in bodily injury and determination Eldridge is a habitual offender.
Kevin Lavell Curry v. State of Indiana (mem. dec.)
20A03-1405-CR-172
Criminal. Affirms habitual criminal offender enhancement to sentence for convictions of Class C felony corrupt business influence and 15 counts of Class C felony forgery.
In Re The Paternity of K.R.K.; K.O. v. R.H.K. (mem. dec.)
02A03-1408-JP-274
Juvenile. Affirms denial of mother’s petition to relocate.
In Re The Marriage of: Norman S. Carlson v. Jean E. Carlson (mem. dec.)
82A01-1410-DR-448
Domestic relation. Affirms orders father continue to pay post-secondary educational expenses for his children and to pay medical expenses associated with son R.S.C.’s treatments for cancer.
Meghan Hambright v. State of Indiana (mem. dec.)
84A01-1501-CR-13
Criminal. Affirms revocation of probation and order Hambright serve her two-year sentence in the Department of Correction.
Fred R. Morris, Jr. v. State of Indiana (mem. dec.)
02A04-1410-CR-506
Criminal. Affirms six-year sentence for Class C felony carrying a handgun without a license and Class D felony dealing in a synthetic drug or a synthetic drug lookalike substance.
Darrin Purnell v. State of Indiana (mem. dec.)
49A05-1411-CR-535
Criminal. Affirms conviction of Level 5 felony operating a motor vehicle after forfeiture of driving privileges for life.
Gregory J. Mills v. Dean Kimbley (mem. dec.)
49A02-1403-PL-212
Civil plenary. Affirms ruling on second contempt order, ruling in favor of Kimbley and awarding him attorney fees.
David Cruz, Jr. v. State of Indiana (mem. dec.)
90A05-1501-CR-13
Criminal. Affirms sentence for conviction of Class D felony domestic battery and two convictions of Level 4 felony burglary.
Robert L. Walp v. State of Indiana (mem. dec.)
53A01-1409-CR-409
Criminal. Affirms convictions of three counts of Class A felony attempted murder.
Opinions June 3, 2015
Indiana Supreme Court
Jason and Justina Kramer v. Catholic Charities of the Diocese of Fort Wayne-South Bend, Inc.
71S03-1506-CT-350
Civil tort. Affirms summary judgment for Catholic Charities on the Kramers’ lawsuit alleging negligence after the baby they adopted through the agency was returned to her father eight months later after he contested the adoption. The Kramers failed to demonstrate that Catholic Charities had any duties with respect to the putative father registry in excess of its statutory obligation. Justice Dickson dissents with separate opinion.
Justices: Adoption agency didn’t breach duty to couple
The Indiana Supreme Court ruled 4-1 in favor of an adoption agency that it did not have any duties with respect to the putative father registry in excess of statutory requirements. A couple who adopted a baby through the agency – only later to have her removed from their care after the biological father contested the adoption – sued the agency alleging negligence.
AG may appeal death penalty reversal in deputy’s slaying
The state is considering whether it will appeal a federal court ruling Tuesday that reversed the death penalty imposed on a man convicted of killing a Morgan County deputy sheriff nearly 14 years ago.
Appeals court sides with EPA on air pollution limits
A federal appeals court ruled Tuesday that the Environmental Protection Agency complied with the law in deciding which areas of the country failed to meet federal limits on smog-forming pollution that can cause asthma and respiratory illness.