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Appellate court records make switch to Odyssey May 4

Beginning next week, basic case information on appeals before the Indiana Supreme Court and Court of Appeals will be available to the public through the Odyssey docket. The Indiana Tax Court made the switch in December.

Wiretap evidence properly admitted at murder trial

The Indiana Court of Appeals upheld a man’s conviction of murdering his stepfather, finding that the trial court did not abuse its discretion in admitting wiretap evidence in which the defendant told a friend he was involved in the killing.

Opinions April 29, 2015

 Indiana Supreme Court
James Bogner v. Teresa Bogner
45S04-1501-DR-23
Domestic relation. Affirms modification of child support that deviated from what was found under the child support guidelines of $59 a week paid by the father to $105 per week paid by the father, in addition to order that mother could claim the child each year on her taxes. The trial court did not err in determining that given the parents’ circumstances, the guideline amount was unjust and unreasonable. Finds father waived his challenge to the form of the summary proceeding when he failed to make a contemporaneous objection to that procedure. 

Justices affirm upward deviation from child support guidelines

A trial court did not commit clear error when it deviated from the Indiana Child Support Guidelines by not granting a father the full parenting time credit calculated and allowed his ex-wife to claim their child each year on her taxes, the Indiana Supreme Court ruled Tuesday. The justices also outlined the best practices to be used when a trial court conducts summary proceedings.

Brothers’ murder convictions upheld by COA

Two brothers convicted in the murder of a man with whom they previously had an altercation are not entitled to a new trial based on one juror’s concerns for her safety after recognizing someone sitting in the gallery, the Indiana Court of Appeals held Wednesday.

3 brothers plead guilty to massive biofuels scam

Three brothers have pleaded guilty to participating in a biofuels scam that federal investigators are calling “one of the largest tax and securities fraud schemes in Indiana history."

Mother-daughter home rehab team gets s shot at HGTV gig

An Indianapolis attorney and her daughter who rehab homes in the Fountain Square neighborhood are getting a shot at the national spotlight. If it takes off, Karen Jensen says she'd have to shut down her practice to accommodate filming.

Lawmakers pass Marion Co. small claims reforms

The General Assembly Wednesday afternoon passed modest reforms of the nine township small claims courts in Marion County, a far cry from recommendations of multiple judicial studies to restructure the courts.

Opinions April 28, 2015 ILD

Indiana Court of Appeals
In Re Adoption of K.P. et al., D.M. v. C.P. (mem. dec.)
49A02-1410-AD-707
Adoption. Affirms order denying adoption petition, reverses custody order in favor of father, and remands for a custody hearing.

L.C. v. State of Indiana (mem. dec.)
49A02-1410-JV-708
Juvenile. Affirms adjudication as a delinquent for committing what would be Class A misdemeanor possession of marijuana if committed by an adult.
Chad Byrd v. State of Indiana (mem. dec.)
54A05-1409-PC-448
Post conviction. Affirms denial of petition for post-conviction relief.

Jennifer L. Buchanan v. State of Indiana (mem. dec.)
70A04-1501-CR-25
Criminal. Affirms eight-year sentence following guilty plea to Class C felony possession of a controlled substance.

In re the Guardianship of M.M., et al; Melissa Miller v. FaithAnn Breden and Richard Breden (mem. dec.)
20A05-1409-GU-441
Guardianship. Affirms temporary change of custody order removing J.M. from mother’s custody and placing the child with the Bredens.

Marlon M. Banks v. State of Indiana (mem. dec)
20A04-1403-PC-102
Post conviction. Affirms denial of petition for post-conviction relief.

Jonathan G. McPherson v. State of Indiana (mem. dec.)
20A04-1409-CR-428
Criminal. Remands for the trial court to run McPherson’s sentence for unlawful possession of a firearm by a serious violent felon concurrently with the habitual offender enhancement. McPherson’s new sentence will be 75 years.

Terrence Jamual Douglass v. State of Indiana (mem. dec.)
18A02-1410-CR-726
Criminal. Affirms convictions and sentence for Class B felonies armed robbery, criminal confinement and possession of a firearm by a serious violent felon.

In the Matter of the Termination of the Parent-Child Relationship of M.F., Mother, and L.T.F., Child; M.F., v. Indiana Department of Child Services (mem. dec.)
37A04-1410-JT-496
Juvenile. Affirms termination of parental rights.

Opinions April 28, 2015

Indiana Court of Appeals
Dawn Warrick and Nathan Parrish v. Steve and Mitzi Stewart
92A03-1407-CC-257
Civil collection. Affirms grant of Steve Stewart’s motion to set aside the jury’s verdict and orders a new trial on his negligence claim against the Parrishes. The trial court did not abuse its discretion when it weighed the evidence presented regarding Stewart’s speed and concluding he was not speeding. There was also ample evidence represented that the Warricks negligently failed to restrain the dog that Stewart hit, which caused his accident.

COA affirms new trial on motorcyclist’s negligence claim

A trial court did not abuse its discretion when it set aside a jury verdict allocating 70 percent of fault to a motorcyclist who hit a dog that darted in front of his bike, the Indiana Court of Appeals ruled. The motorcyclist was injured in the accident and sued the dog’s owners.

Former Lilly partner set to pay $2.3B to settle Actos cases

Takeda Pharmaceutical Co. executives have agreed to pay more than $2.3 billion to resolve lawsuits accusing the company of hiding its Actos diabetes medicine’s cancer risks, three people familiar with the accord said.

Appeals court declines to revise battery sentence

Even though a trial court did not specify why it imposed consecutive sentences for a man convicted of two counts of battery – one as a Level 6 felony and the other a Class A misdemeanor – the Indiana Court of Appeals found the rationale for consecutive sentences is apparent on the face of the record.

Mother’s failure to timely contest adoption dooms appeal

A woman who failed to give notice to the court within 30 days after learning her child’s stepmother sought to adopt the child could not convince the Indiana Court of Appeals that her due process was denied in the matter.

Indiana lawmakers approve tougher ethics laws after lapses

Indiana legislators gave final approval Monday to a state ethics law overhaul that requires greater financial disclosure by lawmakers and expressly prohibits elected officials from using state resources for political purposes.