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Opinions Feb. 18, 2015

Indiana Supreme Court
Jeffrey A. Weisheit v. State of Indiana
10S00-1307-DP-492
Death penalty. Affirms two convictions of murder and one conviction of Class A felony arson resulting in serious bodily injury and sentence to death. There is sufficient evidence to support the convictions. The trial court did not err in excluding a prison administration expert’s testimony that Weisheit could be safely incarcerated in prison nor did it err in refusing to excuse 12 jurors for cause.

Justices affirm death penalty for man who killed 2 children

A Vanderburgh County man convicted of the murders of his girlfriend’s eight- and five-year-old children after setting fire to hishome in 2010 will remain on death row. The Indiana Supreme Court declined to reverse his convictions or revise his sentence.

7th Circuit grants habeas relief for man on death row

An Evansville man sentenced to death for the 2001 murders of his wife and two daughters is not entitled to habeas relief on his claim of intellectual disability, the 7th Circuit Court of Appeals ruled Tuesday. But his petition should be granted because the state courts unreasonably applied federal due process standards in adjudicating his competency to stand trial.

Attorney fee lien invalid if filed before judgment entered

An attorney who filed a lien for attorney fees prior to judgment being entered in a dissolution proceeding lost his case before the Court of Appeals after it determined Indiana statute requires the lien be filed after a judgment in the case is entered.

Medical malpractice bill killed in Senate

A proposal to allow clear medical malpractice claims to go directly to court rather than through medical review panels was defeated Monday in the Indiana Senate.

Opinions Feb. 17, 2015 ILD

Indiana Court of Appeals
Christopher R. Hall v. State of Indiana (mem. dec.)
27A05-1406-CR-267
Criminal. Affirms convictions of Class D felonies domestic battery and strangulation, and Class A misdemeanor invasion of privacy.

Louis Davis v. State of Indiana (mem. dec.)
34A02-1405-CR-372
Criminal. Affirms convictions of Class D felonies receiving stolen property and possession of marijuana.

Reko Deprea Levels v. State of Indiana (mem. dec.)
82A01-1404-CR-177
Criminal. Affirms conviction of Class D felony theft, adjudication as a habitual offender and 6-½-year sentence.

Jerry Miller v. State of Indiana (mem. dec.)
49A02-1405-CR-302
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle with a blood alcohol content over 0.15.

Bryan Jerman and Property Insurance Services, Inc. v. Cash-Pro, Inc. (mem. dec.)
49A02-1407-CC-453
Criminal. Affirms order denying Jerman’s motion to set aside a default judgment.

Htar Kyoo v. State of Indiana (mem. dec.)
02A03-1405-CR-149
Criminal. Affirms conviction of Class B felony rape.

Anthony D. Evinger v. State of Indiana (mem. dec.)
84A01-1408-CR-327
Criminal. Affirms conviction of Class C felony child molesting.

Dominick Fazzini v. State of Indiana (mem. dec.)
64A04-1406-CR-296
Criminal. Affirms conviction of Class A felony burglary.
 

Opinions Feb. 17, 2015

Indiana Tax Court
Alloy Custom Products, Inc. v. Indiana Department of State Revenue
49T10-1102-TA-17
Tax. Grants summary judgment in favor of the Department of State Revenue and denies Alloy Custom Products’ motion for summary judgment regarding a refund of sales tax paid on utilities Alloy consumed while “rehabilitating” cryogenic tanker trailers between September 2006 and March 2010. Alloy’s rehabilitation process does not produce other, or new, tangible personal property.
 

COA orders new trial for woman who shot and killed pastor

The Indiana Court of Appeals reversed a guilty but mentally ill verdict against an Indianapolis woman who killed the pastor at her church because she believed he was part of a cartel that was pitted against her. The judges held Lori Ann Barcroft’s due process rights were violated when the judge entered that verdict.

Attorney general sues county auditor accused of theft

Indiana Attorney General Greg Zoeller is suing former Owen County Auditor Angie M. Lawson to recover more than $380,000 in embezzled taxpayer funds. Lawson also faces criminal charges stemming from the same theft of public funds.

Lawyers to lead annual March Against Hunger

The Indiana State Bar Association and the office of Indiana Attorney General Greg Zoeller will join with Feeding Indiana’s Hungry on Wednesday to kick off a monthlong effort to raise money and nonperishable donations for the state’s regional food banks.

Opinions Feb. 16, 2015

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. Anthony Wilbourn
13-3610
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms imposition of a two-level enhancement after the judge determined Wilbourn committed obstruction of justice by pretending to be mentally incompetent in an effort to derail or delay his prosecution. An evaluation by medical professionals found he was competent to stand trial. Holds when a judge has doubts about the bona fides of a defendant’s behavior at the competence hearing, the judge should not find an obstruction of justice.

Enhancement affirmed after man exaggerated mental deficits to delay trial

Although a defendant has a mental disorder, he tried to exaggerate his mental deficits in order to delay or prevent a criminal trial on a bank robbery charge. The federal court saw through his act and enhanced his sentence for obstruction of justice, which the 7th Circuit Court of Appeals affirmed Friday in a case of first impression.