Justices: Previous ruling did not alter fundamental error doctrine
The Indiana Supreme Court wants to clear up potential confusion involving the state’s fundamental error doctrine.
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House panel backs ending straight-ticket voting
A legislative committee has endorsed a proposal that would eliminate straight party-line voting on Indiana election ballots.
Judge denies defense motions for Indy house blast suspect
The defense of a suspect in a 2012 Indianapolis house explosion that killed two people and damaged dozens of homes has been dealt a setback after a judge denied two of its motions.
House panel passes bill lifting ban on Sunday alcohol sales
An Indiana House committee has approved a bill that would lift the ban on Sunday carry-out alcohol sales while also placing new restrictions on grocery stores and pharmacies.
Indianapolis lawyer wins $79M telecom verdict
An Indianapolis lawyer won a $79 million federal jury verdict for Missouri landowners who had not been compensated for fiber optic Internet cables a telecommunications company carried on power lines that crossed their property.
Veterans court bill gets green light from Senate committee
A bill that would establish veterans courts in every judicial district has passed the Senate Judiciary Committee and been reassigned to the Appropriations Committee.
Couple needed expert testimony to show proximate cause in defective air bag suit
A couple suing Ford Motor Company, alleging their 2003 Mercury Mountaineer was defective because the air bags did not deploy in an accident, lost their case because they failed to designate expert testimony to support their claim.
Panel issues 3 opinions on interplay between T.R. 15(C) and 17(F)
While the three judges on the Indiana Court of Appeals panel agreed summary judgment was proper for an Indianapolis attorney being sued for defamation and other claims because the statute of limitations had expired, each judge interpreted the interplay between Trial Rules 15(C) and 17(F) differently.
Man fails to prove Supreme Court would rule against established caselaw
The 7th Circuit Court of Appeals affirmed the grant of an insurance adjuster’s motion to dismiss it from an injured man’s lawsuit alleging negligence in how it handled his case. The judges pointed out that the Indiana Court of Appeals has held that an insurance adjuster owes no legal duty to the insured and the plaintiff didn’t show that the Indiana Supreme Court would disagree with that decision.
Opinions Feb. 11, 2015 ILD
Indiana Court of Appeals
Jason C. Burkett v. State of Indiana (mem. dec.)
09A02-1404-PC-233
Post conviction. Affirms denial of petition for post-conviction relief.
Terry Sowell v. State of Indiana (mem. dec.)
49A05-1407-CR-298
Criminal. Affirms two convictions of Class A misdemeanor battery.
Daniel Cummings v. State of Indiana (mem. dec.)
29A02-1407-CR-509
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.
Opinions Feb. 11, 2015
7th Circuit Court of Appeals
Howard Piltch, et al. v. Ford Motor Company, et al.
14-1965
U.S. District court, Northern District of Indiana, South Bend Division. Judge James T. Moody.
Civil. Affirms summary judgment for Ford on the Piltches’ claim that their 2003 Mercury Mountaineer was defective because the airbags didn’t deploy in an accident. Without expert testimony provided by the Piltches, a jury would only be able to speculate as to the viability of their Indiana Products Liability Act claims.
COA: Postnuptial agreement is enforceable
It is not a requirement that one party in a marriage must initiate divorce proceedings in order for the parties to later enter into a valid and enforceable reconciliation agreement, the Indiana Court of Appeals held Wednesday.
Awarded guardianship fees overturned due to potential misconduct
Because a trial court did not look at whether fees requested by a man’s former guardians were necessary, the Indiana Court of Appeals reversed the order they receive more than $15,000 from his estate.
Justices vacate transfer in insurance dispute
A divided Indiana Supreme Court decided last week that it will no longer take an insurance case involving a landlord and tenant that also divided the Indiana Court of Appeals.
MacArthur Foundation pledges $75M toward fixing US jails
To reduce the number of people locked up in local jails around the U.S., the John D. and Catherine T. MacArthur Foundation announced it plans to give $75 million to local jail officials working on ways to remove nonviolent offenders, people too poor to afford bail and the mentally ill from behind bars.
Publicity complicates jury selection for 3 major US trials
Texas lived up to its reputation for swift justice by taking just three days to seat a jury for the trial of the man charged with killing the former Navy SEAL depicted in "American Sniper." But jury selection in two other major U.S. cases is taking much longer.
Opinions Feb. 10, 2015 ILD
Indiana Court of Appeals
John D. May v. State of Indiana (mem. dec.)
28A01-1406-CR-241
Criminal. Affirms convictions for intimidation, as a Class D felony; criminal mischief, as a Class B misdemeanor; battery with a deadly weapon, as a Class B misdemeanor; and adjudication as a habitual offender.
In Re the Paternity of V.A., A Minor Child Robert Anderson (Father), v. Billy Jo Youngblood (Mother) (mem. dec.)
39A04-1408-JP-375
Juvenile. Affirms the trial court’s decision to not sanction Youngblood for contempt and to recalculate Anderson’s child support obligation. Remands with instructions to make explicit and distinct determinations of the child’s legal and physical custody. Judge John Baker dissents, arguing the trial court clearly intended for Youngblood to have full physical and legal custody.
Thomas Drnek v. State of Indiana (mem. dec.)
46A03-1406-CR-206
Criminal. Affirms 10-year sentence after Drnek’s conviction of operating a vehicle while intoxicated causing death, a Class B felony.
Randall E. Reynolds, II v. State of Indiana (mem. dec.)
02A03-1408-CR-271
Criminal. Affirms sentence of two years and 183 days with one year executed for invasion of privacy as a Class D felony.
In Re: the Matter of the Commitment of T.S., T.S. v. Logansport State Hospital (mem. dec.)
79A05-1406-MH-260
Mental health. Affirms order of regular commitment ordering T.S.’ continued involuntary commitment at Logansport State Hospital.
Jose Eduardo Vazquez-Paz v. State of Indiana (mem. dec.)
06A01-1407-CR-279
Criminal. Affirms convictions for operating a vehicle with an alcohol concentration of at least 0.15, a Class D felony, and resisting law enforcement, a Class A misdemeanor.
Joseph D. Haskins, III v. State of Indiana (mem. dec.)
18A02-1408-CR-555
Criminal. Affirms conviction for Class C felony carrying a handgun without a license.
James Lee v. State of Indiana (mem. dec.)
69A05-1409-CR-439
Criminal. Affirms conviction for Class D felony domestic battery and sentence of two-and-a-half years.
Danny Ramsey v. State of Indiana (mem. dec.)
14A05-1403-CR-100
Criminal. Affirms denial of Ramsey’s motion for the return of bond money he posted in July 2003. Finds cash bond was returned in February 2004 as evidence by the clerk’s record of release.
Richard R. Hogshire v. Ursula Hoover (mem. dec.)
06A01-1312-DR-513
Domestic relation. Grants Hogshire’s petition for rehearing for the limited purpose of clarifying the basis for utilizing Trial Rule 52(A) as the standard of review. Affirms the Court of Appeals’ previous memorandum decision that found contempt and remanded the case to the trial court with instructions to recalculate Hogshire’s obligations.
Martin E. Rogness v. Roberta L. Rogness (mem. dec.)
91A04-1405-DR-211
Domestic relation. Reverses trial court’s division of the marital estate and remands with instructions for the lower court to either execute a property division that is consistent with its findings or to enter additional findings that justify its current distribution. Affirms the valuation of the couple's lake house in Monticello.
Odyssey vendor chosen to handle statewide e-filing
Tyler Technologies Inc., which contracts with the Indiana judiciary to provide the Odyssey case management system to courts around the state, has been selected as the vendor that will manage statewide e-filing in trial courts.
Opinions Feb. 10, 2015
Indiana Supreme Court
In the Matter of the Honorable Dianna L. Bennington, Judge of the Muncie City Court
18S00-1412-JD-733
Judicial discipline. Formalizes the conditional agreement for discipline jointly submitted by Bennington and the Commission on Judicial Qualifications in which the former Muncie City Court judge admitted to 10 of 13 alleged violations of the Rules of Judicial Conduct.
Supreme Court issues order on removed Muncie judge
The Muncie City Court judge removed from office last month abused her authority by wrongly jailing defendants and attempting to silence critics in her courtroom, and disgraced the judiciary by using a racial slur in the streets, according to the Indiana Supreme Court order issued Tuesday.