Judge allows woman’s suit over jail miscarriage to proceed
A federal judge has ruled that a northern Indiana woman can proceed with her lawsuit alleging negligence in a miscarriage she suffered while in custody.
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Central Indiana county seeks to develop work release program
Officials in a central Indiana county are seeking to develop a community work release program that would keep the jail from becoming overcrowded and could save taxpayers the expense of having to expand or eventually build a new jail.
Split 7th Circuit allows death penalty challenge asserting intellectual disability
A killer sentenced in Texas and awaiting execution on federal death row in Terre Haute will be allowed to proceed with efforts to present new evidence of intellectual disability that would make him ineligible for capital punishment, a 7th Circuit Court of Appeals en banc review determined in a 6-5 opinion.
Legislation protects county assessments on big-box stores
A new measure on the taxation of big-box stores is expected to help Indiana counties avoid fiscal disaster, but national retailers aren’t happy about it.
Religious freedom turmoil likely to spill into next year
The colorful fliers passed out by aides to Indiana Gov. Mike Pence and House Speaker Brian Bosma last week highlighted what both called numerous accomplishments of this year’s legislative session.
2015 Law Day celebrates the Magna Carta
This year’s Law Day recognizes the 800th anniversary of the Magna Carta and its theme: No one is above the law.
2014 law school grads see slight uptick in employment
National data released by the American Bar Association shows that the Class of 2014 has a slightly larger percentage of its graduates employed in long-term, full-time positions that require bar passage as compared with the Class of 2013.
Indiana Tech Law School slips in first round of accreditation
Indiana Tech Law School has failed to convince the American Bar Association to give provisional accreditation to its program, handing the Fort Wayne school a setback and raising questions about its students’ futures.
Judge, attorney credited for robust recovery for victims of securities fraud
The more than 90 investors who lost $9.7 million in a securities fraud perpetrated by Fishers hedge fund manager Keenan Hauke will recover about 33 percent of their losses – a far better outcome than is typical in cases of its kind.
Fugitive former Indiana surgeon caught in Arizona
Authorities say a fugitive former surgeon convicted of stalking his ex-wife in Indiana has been caught in Arizona.
Fort Wayne attorney named new Allen Superior magistrate
A private practice attorney and former Indiana Department of Child Services attorney has been chosen as magistrate judge in Allen Superior Court Family Relations Division.
COA orders judgment in favor of woman on adverse possession claim
Because there is evidence that both the woman who purchased land from a trust and the trustee paid taxes on a disputed 1.8 acres of land for at least 10 years, the woman’s claim for adverse possession of the land should be granted, the Indiana Court of Appeals held.
Opinions April 30, 2015 ILD
Indiana Court of Appeals
Charles J. Davis, Jr. v. State of Indiana (mem. dec.)
16A01-1411-CR-480
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Jody A. Bailey v. State of Indiana (mem. dec.)
05A02-1410-CR-722
Criminal. Affirms order revoking probation and order that Bailey serve the previously suspended portion of her sentence in the Department of Correction.
Robert Tibbs v. State of Indiana (mem. dec.)
49A02-1409-CR-675
Criminal. Affirms convictions of felony murder and Class A misdemeanor carrying a handgun without a license.
Tim A. Tyler v. State of Indiana (mem. dec.)
02A05-1409-CR-460
Criminal. Affirms revocation of probation.
Stephen E. Abernathy v. State of Indiana (mem. dec.)
23A01-1411-CR-492
Criminal. Affirms sentence for Class D felony failure to register as a sex offender.
T.M. v. D.W. (mem. dec.)
48A02-1407-JP-457
Juvenile. Affirms paternity order and remands so that the trial court may amend its final decree to include an order directing father to pay the costs of mother’s initial drug testing and evaluation. Affirms calculation of father’s child support.
Servan Allen v. State of Indiana (mem. dec.)
79A04-1405-PC-228
Post conviction. Affirms denial of petition for post-conviction relief.
James Currin v. State of Indiana (mem. dec.)
49A02-1410-CR-709
Criminal. Affirms convictions of Class B felony aggravated battery and Class D felony battery.
Christopher K. Kesling, Emily Kesling, and Adam Kesling v. Andrew C. Kesling, individually and as Trustee of the Andrew C. Kesling Trust Dated March 28, 2001, Peter Kesling, et al. (mem. dec.)
45A03-1404-PL-135
Civil plenary. Affirms finding by the trial court that the transfer of certain shares of TP Orthodontics from Peter Kesling to Andrew Kesling did not violate the terms of TPO’s shareholder agreement and that under the agreement, the plaintiff siblings should have received the right of first purchase of the shares in question.
S.H. v. State of Indiana (mem. dec.)
49A02-1409-JV-640
Juvenile. Affirms commitment of S.H. to the Department of Correction following adjudication as delinquent for committing what would be Class B felony robbery if committed by an adult.
Anthony D. Moore v. State of Indiana (mem. dec.)
45A05-1412-PC-554
Post conviction. Affirms denial of petition for post-conviction relief.
Court OKs admission of tweets, reverses criminal gang activity conviction
In a case of first impression regarding the authentication of social media posts, the Indiana Court of Appeals held that the testimony from the defendant’s girlfriend that the Twitter account belonged to her boyfriend, as well as content from that account, sufficiently showed the defendant was the author of its tweets.
Opinions April 30, 2015
Indiana Court of Appeals
Bruce Angelo Evans v. State of Indiana
48A02-1407-CR-496
Criminal. Affirms conviction of Class B felony dealing in a narcotic drug and pleading to being a habitual substance offender. Evans waived his challenge regarding the instruction on jury unanimity by failing to object to the jury instruction or offer one of his own, and any error does not rise to the level of fundamental error. Affirms admission into evidence a large amount of cash found on Evans when he was searched by law enforcement officers after the controlled drug buy.
Man’s conviction from controlled drug buy upheld
An Anderson man who was criminally convicted for selling drugs to a confidential informant waived both his arguments on appeal, the Indiana Court of Appeals ruled Thursday. And, the judges found no fundamental error in a jury instruction given or the admission of cash found on the defendant by police.
COA orders woman’s sentence revised to include credit time
The Indiana Court of Appeals found Thursday that a trial court incorrectly calculated the sentence a woman should serve in the Department of Correction after she had her probation revoked.
Terre Haute attorney to receive ITLA Lifetime Achievement Award
Terre Haute attorney Stephen L. Williams will receive this year’s Lifetime Achievement Award from the Indiana Trial Lawyers Association. He is being recognized for his distinguished service to the organization and dedication to preserving the rights of the injured.
Revised sentence modification statute not applicable in defendant’s case
A trial court did not err in denying a man’s petition to modify his sentence after finding that the current version of the sentencing modification statute is not applicable to his sentence, which he began serving in 1989. The Indiana Court of Appeals panel relied on a January decision by its colleagues to affirm the denial of Mitchell Swallows’ petition.
Judicial campaign solicitation ban upheld by SCOTUS
A divided Supreme Court of the United States ruled that states can bar judicial candidates from personally soliciting campaign contributions, leaving intact bans in 30 states.