Boston bombing jury has question hours into deliberations
Jurors considering the fate of Boston Marathon bomber Dzhokhar Tsarnaev asked a complicated question Thursday on the first full day of deliberations.
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Senate under pressure after House votes to end NSA program
After the House of Representatives' lopsided bipartisan vote to end the National Security Agency's bulk collection of Americans' phone records, the Senate is under considerable pressure to pass a similar measure. If it doesn't, lawmakers risk letting the authority to collect the records expire June 1, along with other important counterterrorism provisions.
Tribe chairman says new Indiana law violates US law
The chairman for the Pokagon Band of Potawatomi Indians who are seeking to build a casino in South Bend said Wednesday a new law approved by the General Assembly prevents Gov. Mike Pence from negotiating in good faith with the tribe on a compact, voiding the need for such an agreement.
Opinions May 13, 2015 ILD
Indiana Court of Appeals
Richard A. Gill v. State of Indiana (mem. dec.)
79A02-1408-CR-594
Criminal. Affirms convictions of three counts of Class A felony child molesting, five counts of Class C felony child molesting and one count each of Class B felony sexual misconduct with a minor and Class C felony sexual misconduct with a minor.
Darin Jackson v. State of Indiana (mem. dec.)
49A02-1404-CR-230
Criminal. Affirms conviction of Class B felony conspiracy to commit criminal confinement.
Valene Miller v. State of Indiana (mem. dec.)
49A04-1410-CR-479
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.
John R. Royer v. Laurie Royer (mem. dec.)
79A02-1408-DR-615
Domestic relation. Affirms dissolution court’s orders finding father in contempt of court and modifying his child support obligation.
Paul A. Moore v. State of Indiana (mem. dec.)
49A02-1407-PC-475
Post conviction. Affirms denial of petition for post-conviction relief.
Kevin S. Wang v. State of Indiana (mem. dec.)
40A05-1409-CR-442
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, two counts of Class D felonies possession of chemical reagents or precursors with intent to manufacture controlled substances, and Class D felony maintaining a common nuisance.
City of Lawrenceburg, Indiana Board of Public Works & Safety v. Douglas Taylor (mem. dec.)
15A01-1410-PL-463
Civil plenary. Dismisses the board’s appeal of the trial court’s dismissal of Taylor’s amended complaint without prejudice.
William P. Guffey v. State of Indiana (mem. dec.)
70A01-1409-CR-410
Criminal. Affirms sentence for Class B felony aggravated battery, Class D felony battery resulting in bodily injury to a law enforcement officer and Class B misdemeanor disorderly conduct.
State of Indiana v. M.P. (mem. dec.)
49A02-1411-JV-777
Juvenile. Affirms exclusion of a witness essential to the state’s case after the witness failed to appear at two scheduled depositions.
Nicholous L. Finton v. State of Indiana (mem. dec.)
35A02-1412-CR-840
Criminal. Affirms sentence for Class D felony domestic battery.
In the Matter of the Adoption of L.M.Q., C.Q. v. J.G. and M.G. (mem. dec.)
82A01-1409-AD-391
Adoption. Affirms adoption of L.Q. by J.G. and M.G.
Donald Ray Steger v. State of Indiana (mem. dec.)
48A02-1409-CR-685
Criminal. Affirms revocation of probation and imposition of a 12- month sentence. Remands with instructions to correct the clerical errors in the written orders by removing the alleged violations of failure to abstain from the use of illicit drugs and failure to maintain and/or verify employment.
Robert R. Setree, II, and Beverly L. Setree v. River City Bank (mem. dec.)
10A04-1409-MF-450
Mortgage foreclosure. Affirms summary judgment order granting the bank the right to foreclose on the property.
Opinions May 13, 2015
Indiana Supreme Court
Daniel Lee Pierce v. State of Indiana
78S05-1407-CR-460
Criminal. Affirms Pierce’s convictions for molesting his three young granddaughters. Finds his abuse of the girls in his care was sufficiently connected, so he is not entitled to new and separate trials. Remands for the purpose of resentencing on one count of Class A felony child molesting because the trial court erred by suspending six years of Pierce’s 30-year sentence for that count. Justices Robert Rucker and Brent Dickson concur in a separate opinion.
Supreme Court suspends Vanderburgh County attorney for 240 days
A southern Indiana attorney has been suspended for violating several professional conduct and discipline rules after he failed to adequately manage his trust account and neglected a client’s case, among other actions constituting misconduct.
Mother’s battery on teen not protected by parental privilege
The Indiana Court of Appeals on Wednesday upheld a mother’s misdemeanor battery conviction for hitting her daughter nearly 20 times with a belt after previous discipline did not stop the teen from communicating with boys on social media.
Teen’s rights not violated by search of sweatshirt
A Marion County teen’s constitutional rights were not violated when a police officer responding to a report of a teen in a black hooded sweatshirt with a gun opened a similar sweatshirt next to the teen and found a gun, the Indiana Court of Appeals held Wednesday.
Justices order hearing on whether to temporarily admit out-of-state lawyers
A Lake County court erred when it relied on a local rule to determine that five out-of-state attorneys should not be granted pro hac vice admission because the party seeking their admission could potentially hire capable Indiana attorneys to provide the franchise law work, the Indiana Supreme Court ruled Tuesday.
Tax Court: Assessor did not comport with notice requirements for back taxes
Although the Grant County assessor was authorized to assess two subject properties under I.C. 6-1.1-9-1, which allows for retroactive assessment, the assessor did not give the taxpayer sufficient notice of certain assessments, the Indiana Tax Court ruled Tuesday.
Man not entitled to separate molestation trials, justices hold
The Indiana Supreme Court on Tuesday rejected a man’s argument that he was entitled to three separate trials on the allegations he molested his three granddaughters. In doing so, two justices said they believe the Supreme Court needs to give more guidance on motions to sever.
Justices reverse CHINS finding, noting father coerced to admit adjudication
Because a Marion Superior Court judge’s remarks and conduct in their cumulative effect breached the court’s duty of impartiality and amounted to coercion of a 17-year-old girl’s father to admit she was a child in need of services, the Indiana Supreme Court reversed the CHINS adjudication.
Legal network to confer in Indianapolis
About 40 attorneys from midsized, general practice law firms around the country and a handful of global lawyers will gather for the Legal Netlink Alliance spring convention beginning Thursday in Indianapolis.
Former Indiana police chief gets 2 years for stealing cash
The former police chief of a southeastern Indiana city has been sentenced to two years in prison for stealing $75,000 in cash that officers seized during criminal investigations.
House votes to block EPA regulation of streams, wetlands
House Republicans on Tuesday voted to block government rules that would clarify which streams, tributaries and wetlands should be protected from pollution and development under the Clean Water Act.
Indiana senator calls for judicial nominating commission
Sen. Dan Coats is calling for the appointment of a commission to assist in finding and nominating candidates for the vacancies on the federal bench.
Wife of Indiana judge charged with sending him threats
The wife of an Indiana Court of Appeals judge is accused of sending her husband threatening messages in a scheme to make it appear that their son-in-law was terrorizing the family.
Opinions May 12, 2015 ILD
Indiana Court of Appeals
Melvin H. Sandock, et al. v. Garland Aschenbrenner, et al. (mem. dec.)
71A05-1405-PL-244
Civil plenary. Affirms summary judgment in favor of defendants Garland and Winifred Aschenbrenner regarding a lease agreement and the denial of the Aschenbrenners’ request for attorney fees.
Sam J. Spicer II v. State of Indiana (mem. dec.)
15A05-1409-CR-410
Criminal. Affirms sentence following guilty plea to Class A felony conspiracy to commit dealing in methamphetamine in an amount of three grams or more.
Angela M. Beck v. State of Indiana (mem. dec.)
02A05-1410-CR-497
Criminal. Affirms sentence for Class B felony neglect of a dependent resulting in serious bodily injury.
David Miller v. State of Indiana (mem. dec.)
89A01-1412-CR-539
Criminal. Affirms sentence following guilty plea to Level 6 felony resisting law enforcement.
Tracy Souviner v. State of Indiana (mem. dec.)
29A04-1409-CR-461
Criminal. Affirms order that Souviner return to incarceration following the revocation of her probation.
Larry A. Jones v. State of Indiana (mem. dec.)
82A04-1410-CR-481
Criminal. Affirms conviction of Class B felony unlawful possession of a handgun by a serious violent felon.
Cleverly Lockhart v. State of Indiana (mem. dec.)
33A04-1412-MI-602
Miscellaneous. Affirms order dismissing petition to be removed from the Indiana Sex Offender Registry.
Christopher M. Brooks v. State of Indiana (mem. dec.)
02A05-1408-CR-404
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.
In the Matter of the Marriage of Christina Estes (Sapp) v. Shaun Allen Sapp (mem. dec.)
87A05-1408-DR-384
Domestic relation. Affirms denial of mother’s request to relocate with child and grant of father’s petition to modify custody.
Opinions May 12, 2015
7th Circuit Court of Appeals
United States of America v. Michael A. Knoll and Dax G. Shephard; Appeal of: Bob Henson
14-3027
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Affirms summary judgment in favor of the government on Henson’s claim he had a legal right, title or interest in the Indianapolis or Fort Wayne properties forfeited to the government after Outlaw members Knoll and Shephard pleaded guilty to racketeering charges. But Henson did not present evidence showing he had a legal right, title or interest, and his statement indicated his interest did not begin until after the raid occurred in 2012.
Landowners not prejudiced by approval of wind turbine project
The Indiana Court of Appeals affirmed that landowners in Wells County who lived next to property that will house wind turbines were not prejudiced by the zoning decision to allow the project to proceed.