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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.
A Delphi company that makes cryogenic tanker trailers as well as repairs and rehabilitates used ones could not convince the Indiana Tax Court that it should be entitled to a refund on the utilities it used to rehab used tankers.
Hoosier voters won’t have the opportunity to participate in a non-binding referendum on raising the minimum wage as most states have done.
A federal judge in South Texas has temporarily blocked President Barack Obama's executive action on immigration, giving a coalition of 26 states time to pursue a lawsuit that aims to permanently stop the orders.
A program that provides literacy instruction to inmates in Indianapolis-area jails is having funding problems and organizers of the nonprofit Indy Reads have said its future is uncertain.
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.
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.
A push to eliminate straight party-line voting on Indiana election ballots has been sidelined in the state Senate.
A southeastern Indiana prosecutor says discrepancies uncovered during a State Police investigation of the Greensburg Police Department's evidence room could endanger 16 criminal cases.
A central Indiana county that has faced lawsuits and criticism for how it houses its inmates is being asked to consider building a new jail in a vacant school building.
The National Court Reporters Association kicked off its “National Court Reporting & Captioning Week” Sunday, an event designed to increase public awareness of employment opportunities in the profession. A recent study found that more than 5,000 positions in court reporting and captioning will become available in the next five years.
The Indiana Court of Appeals affirmed the decision to dismiss a woman’s counterclaims against her mortgage holder after it sought to foreclose on her home. None of her claims, which stemmed from the denial of modifying her mortgage under a new program, stated an actionable claim.
A married lesbian couple filed a complaint in federal court charging Indiana is violating their constitutional rights by not listing both their names on their child’s birth certificate.
The 61 Indiana attorneys who provided pro bono hours in the Southern District of Indiana last year were recognized Thursday for their efforts during the second annual Pro Bono Appreciation Breakfast.
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: J.M., N.H. & N.M. (Minor Children), N.H. (Father) v. The Indiana Department of Child Services (mem. dec.)
02A05-1407-JT-305
Juvenile. Affirms order terminating father’s parental rights.
John D. Jenkins Revocable Living Trust, John D. Jenkins, Trustee v. Peru Utility Service Board, City of Peru and Peru Common CounciL (mem. dec.)
52A01-1409-PL-387
Civil plenary. Affirms judgment in favor of Peru defendants on the trust’s trespass claim.
Iquise Taylor v. State of Indiana (mem. dec.)
48A04-1406-CR-254
Criminal. Finds Taylor waived his right to appeal his sentence in his plea agreement.
Randall J. Herzog v. Judy K. Herzog (mem. dec.)
19A01-1407-DR-318
Domestic relation. Affirms division of marital assets but reverses on the issue of Randall Herzog’s child support obligation. Remands for further proceedings.
Tamika Williams v. State of Indiana (mem. dec.)
49A02-1407-CR-490
Criminal. Affirms convictions of four counts of Class D felony neglect of a dependent.
Jonalyn Miller (formely Beckham) v. Roger Beckham Jr. (mem. dec.)
60A01-1408-DR-360
Domestic relation. Affirms order granting Beckham primary physical custody of the parties’ son.
Robert Ledbetter, Jr. v. State of Indiana (mem. dec.)
02A03-1406-CR-197
Criminal. Affirms conviction of Class D felony theft.
Jamie Lykins v. State of Indiana (mem. dec.)
88A04-1408-CR-387
Criminal. Affirms 50-year aggregate sentence for Class A felonies battery resulting in death and neglect of a dependent resulting in death.
Kenneth S. Marshall v. State of Indiana (mem. dec.)
39A01-1405-CR-204
Criminal. Affirms sentence for Class B felony burglary and status as a habitual offender.
Jeannie M. Hess v. State of Indiana (mem. dec.)
10A05-1407-CR-317
Criminal. Affirms adjudication as a habitual offender.
In the Matter of the Termination of the Parent-Child Relationship of B.M., T.B. v. Indiana Department of Child Services (mem. dec.)
49A04-1407-JT-328
Juvenile. Affirms termination of mother’s parental rights.
Michael James Beasley v. State of Indiana (mem. dec.)
45A03-1407-CR-251
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
In the Matter of the Termination of the Parent-Child Relationship of: I.B., B.B., and W.B. and M.T. v. The Indiana Department of Child Services (mem. dec.)
18A02-1406-JT-446
Juvenile. Affirms termination of mother’s parental rights.
Ricky Duff v. State of Indiana (mem. dec.)
89A01-1408-CR-356
Criminal. Affirms aggregate 35-year sentence for various drug and firearm convictions.
Robert Middleton v. Paula Pyatte (mem. dec.)
32A01-1410-DR-431
Domestic relation. Affirms order holding Middleton in contempt and remands with instructions to determine Pyatte’s appellate attorney fees.
In the Matter of X.M. and D.M., Minor Children, Children Alledged to be in Need of Services, S.B. v. Indiana Department of Child Services (mem. dec.)
47A01-1409-JC-415
Juvenile. Affirms determination children are children in need of services.
Dallarius T. Jackson v. State of Indiana (mem. dec.)
82A04-1406-CR-281
Criminal. Affirms revocation of probation.
William L. Holt v. State of Indiana (mem. dec.)
11A01-1406-CR-269
Criminal. Affirms conviction of Class C felony battery and vacates Holt's Class A misdemeanor domestic battery conviction due to double jeopardy violations.
Amanda Biggs v. State of Indiana (mem. dec.)
53A05-1406-CR-295
Criminal. Affirms six-year sentence for Class C felony robbery and Class C felony forgery.
Indiana Court of Appeals
Kevin A. Mathews v. State of Indiana
73A04-1406-CR-288
Criminal. Affirms conviction of Class B felony robbery. Finds Mathews waived his right to a face-to-face confrontation with the victim by failing to attend her deposition. Her deposition, conducted through Skype, was given under oath and transcribed by a court reporter.
A man convicted of raping his wife after drugging her – and recording several sexual encounters – could not convince the Indiana Court of Appeals that the wife’s recordings of the videos she found on her husband’s cellphone should not have been admitted at his trial.
A man’s rights under the Indiana Constitution were not violated when the state admitted his victim’s deposition acquired through Skype because the man chose not to be present during the deposition, ruled the Indiana Court of Appeals.
A couple awarded more than $7,600 following a car accident did not provide cogent argument or legal authority to support their claim a trial court erred in denying their motion to compel, the Indiana Court of Appeals held Friday.
Because a Perry County woman relinquished her three neglected horses to a local rescue organization, she cannot be ordered to pay restitution based on the animal cruelty statute, the Indiana Court of Appeals ruled Friday. But the general restitution statute supports the trial court order Julie Bickford pay nearly $700 in restitution.