Legislative debate highlights issues surrounding juvenile offenders
A proposed change to Indiana’s juvenile law has state legislators wrestling with the question of when children should be treated like adults.
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‘Solar gardens’ catching on, but legality unclear in Indiana
Imagine seeing the price of gas drop 50 percent, then finding out you couldn’t take advantage because of a law that excluded drivers who lease their vehicles or whose fuel tank is on the wrong side. That’s pretty much the experience of most would-be solar energy users.
Landowners may be on hook for contamination caused by tenants
Lawyers say an appeals court ruling last year means landowners who learn of contamination on their property may be held liable for damages even if they did nothing to directly contribute to the pollution.
Anthem customers’ attorneys will have to prove injury
Since health insurance giant Anthem Inc. announced millions of customers’ information had been stolen in a data breach, class-action lawsuits against the company have been filed in federal courts across the country. Although the breach is unprecedented and consumers are fearful their identities will be stolen, the plaintiffs may not have been harmed according to the law.
Center Township Small Claims Court makes move Supreme Court previously blocked
New Center Township Small Claims Court Judge Brenda Roper is holding court in a new Marion County location that the Indiana Supreme Court less than two years ago found had significant access-to-justice issues.
Decades-long fight over landfill quietly concludes
A 37-year fight over a planned solid waste landfill in Anderson ended recently, concluding one of the longest environmental battles in state history. Only a few loads of trash were ever dumped at the Mallard Lake Landfill, but fortunes were spent litigating it.
‘Elkhart Four’ convictions put new spotlight on felony murder statute
Three teens convicted of felony murder have asked the Indiana Supreme Court to overturn their convictions because they did not directly kill the victim.
Opinions March 9, 2015 ILD
Indiana Court of Appeals
T.R. Bulger, Inc. and Thomas R. Bulger v. Indiana Insurance Company (mem. dec.)
46A03-1405-PL-188
Civil plenary. Reverses summary judgment in favor of Indiana Insurance Co. Finds the trial court erred in holding that Bulger was not entitled to reimbursement for the expenses incurred in assisting an attorney with the defense against a lawsuit from unsatisfied clients. Remands for trial court to determine whether the $64,620.35 requested by Bulger is reasonable and, if not, what a reasonable amount would be.
Amanda Choban v. State of Indiana (mem. dec.)
49A02-1406-CR-400
Criminal. Affirms Choban’s conviction of theft as a Class D felony.
Carol D. Geis v. State of Indiana (mem. dec.)
03A01-1409-CR-385
Criminal. Affirms conviction of failure to stop after an accident resulting in damage to property other than a vehicle, a Class B misdemeanor.
Jeffrey A. Dice, II v. State of Indiana (mem. dec.)
34A04-1407-CR-318
Criminal. Affirms conviction and 16-year sentence for Class B felony battery and vacates conviction of Class B felony neglect of a dependent. The conviction violated the prohibition against double jeopardy.
Derrick Morris v. State of Indiana (mem. dec.)
49A02-1408-CR-544
Criminal. Affirms conviction of Class C misdemeanor public nudity.
John Chupp v. State of Indiana (mem. dec.)
49A02-1408-CR-579
Criminal. Affirms denial of motion to correct erroneous sentence.
Opinions March 9, 2015
Indiana Court of Appeals
Stuart Reed and Michael Reed v. Michael Cassady
49A05-1405-PL-220
Civil plenary. Affirms order granting Cassady’s motion to enforce a $30,000 sanction as well as a finding that Distinctive Transportation Services, Inc. in contempt and imposition of a $10,000 fine. Reversal is not warranted on the order enforcing the $30,000 sanction and Reeds are jointly and severally liable. Also found reversal is not warranted of the $10,000 sanction.
Appeals panel affirms East Chicago library board must repay insurance premiums
A trial court properly ruled for the state when it ordered East Chicago Library Board members to repay more than $136,000 in health, dental, vision and life insurance premiums since state law says those members serve without compensation, the Indiana Court of Appeals ruled Monday.
More lawsuits filed in December Megabus crash in Indiana
More lawsuits have been filed by Megabus passengers injured when a double-decker bus rolled onto its side in southern Indiana in December.
SCOTUS to 7th Circuit: Review Notre Dame birth control case
The Supreme Court is ordering the 7th Circuit Court of Appeals to take another look at the University of Notre Dame’s lawsuit concerning the overhaul of federal health care rules on paying for contraceptives.
Indiana judge admonishes abducted teens’ sister at hearing
An Indianapolis judge admonished the sister of two Indianapolis teenagers kidnapped and held for ransom after she allegedly stole from her ex-boyfriend.
COA upholds $10,000 fine for failure to cooperate with discovery
A trial court that slapped a transportation company with a $10,000 sanction and ordered its president jailed if the fine was not paid did not commit an error, the Indiana Court of Appeals has ruled.
ISBA fund awards $100,000 to Conour victims
The Indiana State Bar Association Clients’ Financial Assistance Fund Committee has given $100,000 to victims who suffered losses due to the dishonest acts of ex-attorney William Conour, the ISBA announced Monday. The money was divided among 24 victims.
Federal judge fines abusive filer $1,200, bars future suits
A man who’s filed nearly four dozen lawsuits against defendants from “Bobby” to President Barack Obama lost his federal court privileges this week.
Opinions March 6, 2014 ILD
Indiana Court of Appeals
Allstate Insurance Company as Subrogee of Elaine Weiman v. Cleve W. Hatfield, and Michael W. Hatfield (mem. dec.)
49A04-1408-CT-389
Civil tort. Reverses denial of Allstate’s motion to strike and motion for summary judgment, and remands for proceedings. The trial court erred by allowing Cleve Hatfield’s response to Allstate’s motion for summary judgment to be filed after the 30-day period allowed under Trial Rule 56(C). The reply should have been stricken, which then would have required summary judgment in favor of Allstate.
Juan Lucio v. State of Indiana (mem. dec.)
29A02-1407-PC-484
Post conviction. Affirms denial of post-conviction relief from convictions of two counts of murder and on count of conspiracy to commit murder.
Darius T. Fisher v. State of Indiana (mem. dec.)
02A03-1406-CR-215
Criminal. Affirms convictions of Class C felony aiding robbery and Class D felony receiving stolen property.
Marshall Barnes-Bey v. State of Indiana (mem. dec.)
45A03-1409-CR-313
Criminal. Affirms denial of motion to correct erroneous sentence.
Derek Core v. State of Indiana (mem. dec.)
91A05-1406-CR-265
Criminal. Affirms conviction of Class C felony robbery.
In re the Termination of the Parent_Child Relationship of: S.H., A Child in Need of Services, M.H. v. Ind. Dept. of Child Services (mem. dec.)
02A04-1408-JT-370
Juvenile. Affirms trial court’s termination of M.H’s parental rights.
Opinions March 6, 2015
Indiana Court of Appeals
John Norris v. State of Indiana
34A04-1410-CR-499
Criminal. Remands to the trial court to reduce the sentence following a guilty plea to Class B felony dealing in a controlled substance from 20 years executed to 12 years with eight years executed. The panel concluded the sentence was excessive in light of the offense of selling 10 hyrdocodone pills for a total of $60.
Failure to conduct indigency hearing results in remand
A trial court that imposed a $340 probation fee on a defendant sentenced on misdemeanor convictions must be revisited because the court failed to conduct a hearing on the defendant’s ability to pay.
20-year sentence for $60 drug deal reduced as excessive
The 20-year executed sentence a Kokomo man received after pleading guilty to selling an undercover police officer 10 hydrocodone pills for $6 each was excessive, the Indiana Court of Appeals ruled Friday.