Federal judge fines abusive filer $1,200, bars future suits
A man who’s filed nearly four dozen lawsuits against defendants from “Bobby” to President Barack Obama lost his federal court privileges this week.
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Opinions March 6, 2014 ILD
Indiana Court of Appeals
Allstate Insurance Company as Subrogee of Elaine Weiman v. Cleve W. Hatfield, and Michael W. Hatfield (mem. dec.)
49A04-1408-CT-389
Civil tort. Reverses denial of Allstate’s motion to strike and motion for summary judgment, and remands for proceedings. The trial court erred by allowing Cleve Hatfield’s response to Allstate’s motion for summary judgment to be filed after the 30-day period allowed under Trial Rule 56(C). The reply should have been stricken, which then would have required summary judgment in favor of Allstate.
Juan Lucio v. State of Indiana (mem. dec.)
29A02-1407-PC-484
Post conviction. Affirms denial of post-conviction relief from convictions of two counts of murder and on count of conspiracy to commit murder.
Darius T. Fisher v. State of Indiana (mem. dec.)
02A03-1406-CR-215
Criminal. Affirms convictions of Class C felony aiding robbery and Class D felony receiving stolen property.
Marshall Barnes-Bey v. State of Indiana (mem. dec.)
45A03-1409-CR-313
Criminal. Affirms denial of motion to correct erroneous sentence.
Derek Core v. State of Indiana (mem. dec.)
91A05-1406-CR-265
Criminal. Affirms conviction of Class C felony robbery.
In re the Termination of the Parent_Child Relationship of: S.H., A Child in Need of Services, M.H. v. Ind. Dept. of Child Services (mem. dec.)
02A04-1408-JT-370
Juvenile. Affirms trial court’s termination of M.H’s parental rights.
Opinions March 6, 2015
Indiana Court of Appeals
John Norris v. State of Indiana
34A04-1410-CR-499
Criminal. Remands to the trial court to reduce the sentence following a guilty plea to Class B felony dealing in a controlled substance from 20 years executed to 12 years with eight years executed. The panel concluded the sentence was excessive in light of the offense of selling 10 hyrdocodone pills for a total of $60.
Failure to conduct indigency hearing results in remand
A trial court that imposed a $340 probation fee on a defendant sentenced on misdemeanor convictions must be revisited because the court failed to conduct a hearing on the defendant’s ability to pay.
20-year sentence for $60 drug deal reduced as excessive
The 20-year executed sentence a Kokomo man received after pleading guilty to selling an undercover police officer 10 hydrocodone pills for $6 each was excessive, the Indiana Court of Appeals ruled Friday.
Lawsuit over Covanta recycling center plan set for hearing
A lawsuit prompted by Indianapolis Mayor Greg Ballard’s controversial recycling-plant deal is set for hearing March 10.
State appeals ruling blocking fenced hunting preserve rules
The Indiana attorney general's office is appealing a court ruling that state wildlife officials overstepped their authority in trying to shut down Indiana’s high-fenced deer-hunting preserves.
Indianapolis man gets 37 years in Henry County killing
A 35-year-old Indianapolis man has been sentenced to 37 years in prison for using a shotgun to kill another Indianapolis man in Henry County.
Opinions March 5, 2015 ILD
Indiana Court of Appeals
Jennifer Harding v. State of Indiana (mem. dec.)
34A02-1408-CR-590
Criminal. Reverses determination of Harding’s credit time after trial court ordered her to serve her suspended sentence. Remands with instructions.
Ted Prather v. State of Indiana (mem. dec.)
29A04-1408-CR-400
Criminal. Affirms conviction of Class C misdemeanor operating while intoxicated.
Alvino Pizano v. State of Indiana (mem. dec.)
45A05-1406-CR-277
Criminal. Affirms denial of Pizano’s motion to remove sexually violent predator designation and motion to remove parole special stipulations Nos. 1, 5 and 10.
Kap Thang v. State of Indiana (mem. dec.)
49A02-1406-CR-393
Criminal. Affirms order revoking community corrections placement.
Aurora Loan Services, LLC v. Gary Brian Plunkitt and Robert Nelson Imbody (mem. dec.)
32A04-1403-MF-104
Mortgage foreclosure. Affirms dismissal of Aurora Loan Services’ complaint against Plunkitt and Imbody seeking to enforce a promissory note on a residential property after Plunkitt defaulted on the note.
Devonne Clayborne v. State of Indiana (mem. dec.)
49A02-1407-CR-508
Criminal. Affirms conviction of Class A misdemeanor battery.
Wynford Jones v. State of Indiana (mem. dec.)
49A02-1407-CR-520
Criminal. Affirms revocation of probation and reinstatement of suspended sentence.
In the Matter of the Termination of the Parent-Child Relationship of, A.R.B., & A.K.B. (Children), and J.B. (Father) v. The Indiana Department of Child Services (mem. dec.)
02A04-1407-JT-348
Juvenile. Affirms termination of father’s parental rights.
Barbara L. Mack (individually) and Barbara L. Mack, Grandmother/Custodian and Next Friend of Jaylan N. Brown, a minor child v. Christine A. Amiott, Harold S. Burchfield, et al. (mem. dec.)
10A01-1405-CT-221
Civil tort. Affirms summary judgment in favor of Safe Auto Insurance that determined Mack’s uninsured motorist claim is barred because it was not filed within the policy’s two-year limitations period for claims arising under the uninsured motorist coverage.
Opinions March 5, 2015
Indiana Supreme Court
Kenneth Griesemer v. State of Indiana
49S04-1408-CR-564
Criminal. Affirms conviction of patronizing a prostitute. Finds the undercover detective merely presented Griesemer with an opportunity to patronize a prostitute and there was no inducement and therefore no entrapment. Justices Dickson and Rucker dissent with separate opinion.
Court affirms $100,000 in attorney fees to bank for defending groundless claim
A woman who claimed a bank acting as trustee breached its fiduciary duties by selling stock of JP Morgan Chase over the course of several years is still on the hook for more than $100,000 in attorney fees and costs to the trustee, the Indiana Court of Appeals affirmed Thursday. The COA agreed Susan Moeder brought a groundless claim against Salin Bank and Trust Co. after it sought to resign as trustee.
Providing temptation to commit crime is not inducement, majority rules
The Indiana Supreme Court affirmed a man’s conviction of patronizing a prostitute, with the majority ruling the state rebutted his defense of entrapment by showing there was no police inducement.
Justices: Same-day audio for April 28 gay marriage cases
The Supreme Court of the United States will hear arguments over same-sex marriage on April 28 and make audio of the proceedings available later that day.
No new trial for Indiana woman convicted in deadly crash
An Indianapolis woman convicted of killing six children and a man in a wrong-way, head-on collision along a state highway will not get a new trial, a judge has ruled.
No new trial for Indiana woman convicted in deadly crash
An Indianapolis woman convicted of killing six children and a man in a wrong-way, head-on collision along a state highway will not get a new trial, a judge has ruled.
Class-action suit against Indiana BMV to go to mediation
A class-action lawsuit that says the Indiana Bureau of Motor Vehicles overcharged customers by millions of dollars is set to go to mediation.
Courts closed in southern Indiana due to weather
Severe weather and emergency travel restrictions have closed several federal courts in southern Indiana. The Evansville and New Albany offices of the U.S. District and Bankruptcy courts for the Southern District of Indiana are closed Thursday. The Clark County Government Building, which houses the Circuit courts, is also closed.
Patients sue Lilly, claim Cymbalta withdrawal hazards
Two federal lawsuits filed in Indianapolis allege Eli Lilly’s top-selling antidepressant Cymbalta caused almost immediate dangerous withdrawal symptoms when patients attempted to stop using the medication.
Indy Land Bank trial could turn on government wiretaps
Reginald T. Walton is guilty of "very poor judgment" and "ethics violations," and also "did a pretty good job concealing" his involvement in private real estate partnerships during his tenure leading the Indy Land Bank, but he's not guilty of any crime, his attorney argued in federal court Wednesday.
SCOTUS sharply divided over Obamacare subsidies
The Supreme Court of the United States was sharply divided Wednesday in the latest challenge to President Barack Obama's health overhaul, this time over the tax subsidies that make insurance affordable for millions of Americans.