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Opinions Feb. 20, 2015

7th Circuit Court of Appeals
Timothy W. Austin v. Andrew Pazera
14-2574
United States District court for the Northern District of Indiana, Hammond Division,
Judge James Moody.
Criminal. Reverses the denial of Austin’s petition for federal habeas corpus and remands with instructions to order the relief sought by the appellant. Austin was punished in a prison disciplinary proceeding for having attempted to traffic in tobacco. However, he appealed and the 7th Circuit agreed that he had been denied due process of law by being convicted without sufficient evidence.

Tax Court affirms denial of exemptions on lake property

A Lake Wawasee homeowners association failed to persuade the Indiana Tax Court to overturn Board of Tax Review denials of exemptions for waterfront property it claimed was maintained to retain and preserve the natural characteristics of land and water.

Absence of evidence douses tobacco charge

An Indiana inmate’s punishment for allegedly trafficking in tobacco was snuffed out when the 7th Circuit Court of Appeals found he was convicted without evidence of guilt.

House rejects changes to Sunday alcohol sales bill

An effort to dial back proposed restrictions on grocery, convenience and drug stores in a bill that would legalize Sunday carryout alcohol sales was narrowly defeated Thursday in the Indiana House of Representatives.

Opinions Feb. 19, 2015 ILD

Indiana Court of Appeals
Malcom Cobb, Jr. v. State of Indiana (mem. dec.)
48A02-1404-CR-228
Criminal. Affirms Cobb’s convictions of murder, a felony; and robbery, a Class B felony. Finds the state presented sufficient evidence for the murder conviction.

Eddie Long v. State of Indiana (mem. dec.)
49A02-1406-CR-419
Criminal. Affirms Long’s conviction of invasion of privacy, a Class A misdemeanor.

Forrest Brown v. State of Indiana (mem. dec.)
48A02-1405-CR-309
Criminal. Affirms sentence for 18 months executed and 54 months suspended to probation following Brown’s conviction for nonsupport of a dependent child, a Class C felony.

Gregory Schweisthal v. State of Indiana (mem. dec.)
75A04-1403-CR-141
Criminal. Affirms convictions and 64-month sentence for Class D felony invasion of privacy and Class A misdemeanor domestic battery.

Alandus D. James v. State of Indiana (mem. dec.)
20A03-1405-CR-173
Criminal. Affirms 30-month sentence for Class D felony residential entry and two consecutive 18-months sentences for Class D felony battery on a child and Class D felony strangulation.

Herbert Sheese v. State of Indiana (mem. dec.)
84A01-1405-CR-195
Criminal. Affirms Sheese’s convictions of two counts of Class A felony child molesting and consecutive sentences of 30 and 45 years on each count, resulting in an aggregate executed sentence of 75 years.

Larry Anderson v. State of Indiana (mem. dec.)
49A04-1407-CR-304
Criminal. Affirms conviction of murder. Despite inconsistencies in witnesses’ testimony, finds the evidence is sufficient to support Anderson’s conviction since three individuals did independently identify him as the person who shot the victim.

 

Opinions Feb. 19, 2015

Indiana Court of Appeals
In re the Paternity of Snyder, M.S. v. D.A.
79A02-1407-JP-497
Juvenile. Affirms in part, reverses in part and remands. The trial court erred when it denied father M.S.'s motion to permit him to tell his daughter that he is her father. Because a finding of physical endangerment or emotional impairment was not made prior to imposing the restriction, the trial court erred in denying father's request, and that portion of the trial court's orders is reversed. Affirms trial court ruling on modification of parenting time order, holding that father has not demonstrated there was a change in circumstances to warrant a change in the parenting time that now permits him to talk with his daughter once weekly in 15-minute supervised Skype sessions.

COA returns housewares theft case to trial court

A department store sales clerk who was convicted of two counts of theft is entitled to a rebate on her convictions and restitution amount, the Indiana Court of Appeals has ruled.

Bill banning abortion due to gender, disability advances

Indiana would prohibit abortions based on fetal disabilities such as Down syndrome under a bill endorsed Wednesday by an Indiana legislative committee, after women who faced such pregnancies spoke on each side of the issue.

Greenfield seniors have identities stolen

Two Indiana law enforcement agencies are investigating an identity theft ring that has made off with more than 100 identities and about $100,000.

Opinions Feb. 18, 2015 ILD

Indiana Court of Appeals
State of Indiana v. Shelby L. Pieper (mem. dec.)
19A05-1407-CR-303
Criminal. Affirms grant of motion to suppress evidence filed by Piper.

Mark B. Harsley, II v. State of Indiana (mem. dec.)
29A02-1409-CR-661
Criminal. Affirms convictions of three counts of Class A misdemeanor invasion of privacy.

Fuel Fitness Winfield, Inc., and Jared Tomich v. Boro Baloski, Lubinka Baloski, Goran Baloski, Fitness 1, Inc., B&B Regional Development, LLC (mem. dec.)
45A03-1406-CC-190
Civil collection. Affirms denial of Fuel Fitness’ and Tomich’s motion to correct error and denial of their motion to amend their answer following the trial court’s grant of summary judgment in favor of the Baloskis and others in the amount of $484,345.

Ivan Sanchez v. State of Indiana (mem. dec.)
29A04-1409-PC-426
Post conviction. Affirms denial of petition for post-conviction relief.

Albert Goering v. State of Indiana (mem. dec.)
88A05-1406-CR-261
Criminal. Affirms 15-year sentence for five counts of Class B felony sexual misconduct with a minor and one count of Class B felony attempted sexual misconduct with a minor.
 

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.