Indiana securities commissioner abruptly resigns
Carol Mihalik resigned as Indiana’s securities commissioner, the state announced.
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Judge believes lack of victim notification of plea supports vacating agreement
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
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
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
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
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
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
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
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
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
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’
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
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
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
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.
Opinions May 22, 2015
Indiana Court of Appeals
Charles D. Howard v. State of Indiana
14A04-1406-CR-286
Criminal. Affirms convictions of two counts of Class A misdemeanor resisting law enforcement, Class B misdemeanor harassment, Class B misdemeanor public intoxication, and Class B misdemeanor disorderly conduct. The trial court issued a ruling on Howard’s motion to suppress/dismiss. Howard did not object to the admission of evidence at trial; (2) the state did not introduce or seek to admit into evidence any of Howard’s post-arrest statements; and (3) Howard did not file a motion for discharge under Criminal Rule 4 or object to the trial court’s setting of any of his trial dates.
No Indiana Lawyer daily Monday
Indiana Lawyer daily will not be published Monday, May 25, in observance of Memorial Day.
COA reverses felony conviction for lack of evidence
The state did not prove that a St. Joseph County man intimidated another person when the man pulled out a knife after being confronted about stealing water, the Indiana Court of Appeals held Friday. The dissenting judge believed there to be no distinction between the defendant being “caught” stealing water and “confronting” the defendant about stealing it.
Man’s appellate arguments challenging misdemeanor convictions waived
The Indiana Court of Appeals agreed with the state that a man waived his arguments on appeal because he did not raise a relevant objection at trial, he did not make a cogent argument on appeal, and because his arguments are otherwise meritless.
Jury awards $32.5M to victim of 2006 traffic accident
A jury awarded $32.5 million to a Dyer, Indiana, woman who suffered brain damage and was left partially paralyzed in a traffic accident.