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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.

Farmers worry over reach of EPA water rules

Government rules to clarify which streams, tributaries and wetlands should be protected from development and pollution are fueling political anger in the country's heartland.

COA issues new opinion in bail case involving self-defense claim

The Indiana Court of Appeals has issued a new opinion in its decision involving a man charged with murder who sought to be released on bail, but was denied. The judges again held that James Satterfield should be allowed to present evidence of self-defense at a new bail hearing.

Audit: Indiana Bureau of Motor Vehicles used ambiguous fees

The Indiana Bureau of Motor Vehicles lacks oversight, uses a complex fee schedule that leads to inconsistent charges for the same transactions and may have overcharged motorists more than previously disclosed, according to an independent audit released Monday.

Woman’s lien takes priority in property sold at tax sale

The Indiana Court of Appeals determined Tuesday that a woman who obtained a judgment lien in 2006 against a co-owner of a property later sold in a tax sale has priority over other claims for the tax sale surplus and that she made a timely claim for the surplus.

Outlaws member had no legal interest in forfeited properties

A member of the Outlaws Motorcycle Club who claimed an interest in property forfeited to the government after two fellow members pleaded guilty to racketeering charges did not have an interest under the law, the 7th Circuit Court of Appeals affirmed Monday.

Opinions May 11, 2015 ILD

Indiana Court of Appeals
Senad Keserovic and M1 Transport, LLC v. Set Transport, LLC (mem. dec.)
02A04-1410-CC-498
Civil collection. Affirms denial of Keserovic’s and M1 Transport’s motion to set aside default judgment and request for relief from judgment.

Terry Lee McCollum v. State of Indiana (mem. dec.)
79A05-1409-CR-430
Criminal. Affirms denial of motion to withdraw guilty plea to Class D felony possession of methamphetamine and Class C felony battery by means of a deadly weapon.
 
Donald Frazier v. State of Indiana (mem. dec.)
75A04-1408-CR-388
Criminal. Affirms convictions and sentence for Class D felony operating while intoxicated and Class A misdemeanor possession of paraphernalia.

Paul B. Deigan v. Shawn E. Deignan (mem. dec.)
79A02-1407-DR-515
Domestic relation. Reverses father’s denial of petition to modify child support filed after he lost his job. Remands to the trial court with instructions to enter a modified child support order based upon his actual income of $34,000.

Bruce Jackson v. State of Indiana (mem. dec.)
49A02-1410-CR-698
Criminal. Affirms convictions of two counts of Class D felony intimidation and reverses count of Class A misdemeanor possession of paraphernalia.

Harlan T. Praul v. State of Indiana (mem. dec.)
71A03-1412-CR-422
Criminal. Affirms sentence following guilty plea to murder.

Joshua Wayne Holliman v. State of Indiana (mem. dec.)
86A03-1404-PC-138
Post conviction. Affirms denial of petition for post-conviction relief.
 
 

Opinions May 11, 2015

Indiana Court of Appeals
Mary K. Davis v. State of Indiana
20A03-1411-PC-408
Post conviction. Reverses denial of petition for post-conviction relief. Orders Davis immediately released pending resolution of this appeal. The post-conviction court’s findings and conclusions were contrary to law. The state’s notice of violation was filed on the day Davis’ probation ended such that there was no period of probation to be tolled, which means the trial court could not continue her terms of probation pursuant to Ind. Code § 35-38-2-3(c).

PCR court erred in determining woman violated probation

A post-conviction court incorrectly calculated when a woman’s probation ended, so it erred in finding that she violated probation after the probationary period was complete, the Indiana Court of Appeals ruled.

Indiana, not Canada, has jurisdiction over child custody dispute

An Indiana court retains jurisdiction over matters involving a child conceived in Indiana but born in Canada after her mother returned to Canada following the breakup of her one-month marriage to the child’s father, the Indiana Court of Appeals ruled Monday. It affirmed the award by the Indiana court that father have custody of the girl.

Prosecutor prefers county investigate rapes at Notre Dame

Students at the University of Notre Dame who have been told for years to report sexual assault cases to campus police have the option of reporting such cases directly to the St. Joseph County Special Victims Unit, a prosecutor said.

Opinions May 8, 2015 ILD

Indiana Court of Appeals
New Carlisle-Olive Township Public Library v. Review Board of the Ind. Dept. of Workforce Development and Stephen J. Boggs (mem. dec.)
93A02-1408-EX-581
Agency action. Affirms determination that the library’s discharge of Boggs was not for just cause.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of T.T. & J.T., Minor Children, and Their Mother, C.T., C.T. v. Ind. Dept. of Child Services (mem. dec.)
49A02-1410-JT-733
Juvenile. Affirms termination of parental rights.

Bill J. Bowers v. Jack Weichman (mem. dec.)
45A04-1411-CT-515
Civil tort. Reverses denial of Bowers’ motion to dismiss and remands for court to dismiss Weichman’s claims against Bowers because Indiana courts do not have personal jurisdiction over Bowers.

Charles Edward Mayo v. State of Indiana (mem. dec.)
32A01-1411-CR-481
Criminal. Affirms conviction of Class D felony operating a vehicle as a habitual traffic offender.

Misty Padgett-Essex v. State of Indiana (mem. dec.)
84A01-1407-CR-309
Criminal. Affirms order that Padgett-Essex serve the remainder of her previously suspended sentence.

In the Matter of J.M.C., A Child Alleged to be a Delinquent Child (mem. dec.)
62A04-1411-JV-525
Juvenile. Affirms adjudication as a delinquent for committing what would be Class B misdemeanor criminal mischief if committed by an adult, and the status offense of habitual disobedience of a parent, guardian or custodian.