3 brothers plead guilty to massive biofuels scam
Three brothers have pleaded guilty to participating in a biofuels scam that federal investigators are calling “one of the largest tax and securities fraud schemes in Indiana history."
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Mother-daughter home rehab team gets s shot at HGTV gig
An Indianapolis attorney and her daughter who rehab homes in the Fountain Square neighborhood are getting a shot at the national spotlight. If it takes off, Karen Jensen says she'd have to shut down her practice to accommodate filming.
Lawmakers pass Marion Co. small claims reforms
The General Assembly Wednesday afternoon passed modest reforms of the nine township small claims courts in Marion County, a far cry from recommendations of multiple judicial studies to restructure the courts.
Opinions April 28, 2015 ILD
Indiana Court of Appeals
In Re Adoption of K.P. et al., D.M. v. C.P. (mem. dec.)
49A02-1410-AD-707
Adoption. Affirms order denying adoption petition, reverses custody order in favor of father, and remands for a custody hearing.
L.C. v. State of Indiana (mem. dec.)
49A02-1410-JV-708
Juvenile. Affirms adjudication as a delinquent for committing what would be Class A misdemeanor possession of marijuana if committed by an adult.
Chad Byrd v. State of Indiana (mem. dec.)
54A05-1409-PC-448
Post conviction. Affirms denial of petition for post-conviction relief.
Jennifer L. Buchanan v. State of Indiana (mem. dec.)
70A04-1501-CR-25
Criminal. Affirms eight-year sentence following guilty plea to Class C felony possession of a controlled substance.
In re the Guardianship of M.M., et al; Melissa Miller v. FaithAnn Breden and Richard Breden (mem. dec.)
20A05-1409-GU-441
Guardianship. Affirms temporary change of custody order removing J.M. from mother’s custody and placing the child with the Bredens.
Marlon M. Banks v. State of Indiana (mem. dec)
20A04-1403-PC-102
Post conviction. Affirms denial of petition for post-conviction relief.
Jonathan G. McPherson v. State of Indiana (mem. dec.)
20A04-1409-CR-428
Criminal. Remands for the trial court to run McPherson’s sentence for unlawful possession of a firearm by a serious violent felon concurrently with the habitual offender enhancement. McPherson’s new sentence will be 75 years.
Terrence Jamual Douglass v. State of Indiana (mem. dec.)
18A02-1410-CR-726
Criminal. Affirms convictions and sentence for Class B felonies armed robbery, criminal confinement and possession of a firearm by a serious violent felon.
In the Matter of the Termination of the Parent-Child Relationship of M.F., Mother, and L.T.F., Child; M.F., v. Indiana Department of Child Services (mem. dec.)
37A04-1410-JT-496
Juvenile. Affirms termination of parental rights.
Opinions April 28, 2015
Indiana Court of Appeals
Dawn Warrick and Nathan Parrish v. Steve and Mitzi Stewart
92A03-1407-CC-257
Civil collection. Affirms grant of Steve Stewart’s motion to set aside the jury’s verdict and orders a new trial on his negligence claim against the Parrishes. The trial court did not abuse its discretion when it weighed the evidence presented regarding Stewart’s speed and concluding he was not speeding. There was also ample evidence represented that the Warricks negligently failed to restrain the dog that Stewart hit, which caused his accident.
COA affirms new trial on motorcyclist’s negligence claim
A trial court did not abuse its discretion when it set aside a jury verdict allocating 70 percent of fault to a motorcyclist who hit a dog that darted in front of his bike, the Indiana Court of Appeals ruled. The motorcyclist was injured in the accident and sued the dog’s owners.
Former Lilly partner set to pay $2.3B to settle Actos cases
Takeda Pharmaceutical Co. executives have agreed to pay more than $2.3 billion to resolve lawsuits accusing the company of hiding its Actos diabetes medicine’s cancer risks, three people familiar with the accord said.
Appeals court declines to revise battery sentence
Even though a trial court did not specify why it imposed consecutive sentences for a man convicted of two counts of battery – one as a Level 6 felony and the other a Class A misdemeanor – the Indiana Court of Appeals found the rationale for consecutive sentences is apparent on the face of the record.
Mother’s failure to timely contest adoption dooms appeal
A woman who failed to give notice to the court within 30 days after learning her child’s stepmother sought to adopt the child could not convince the Indiana Court of Appeals that her due process was denied in the matter.
US Supreme Court hears historic same-sex marriage arguments
Pivotal Supreme Court of the United States Justice Anthony Kennedy did not tip his hand Tuesday as the high court heard historic arguments over the right of gay and lesbian couples to marry.
Indiana lawmakers approve tougher ethics laws after lapses
Indiana legislators gave final approval Monday to a state ethics law overhaul that requires greater financial disclosure by lawmakers and expressly prohibits elected officials from using state resources for political purposes.
US Supreme Court to hear historic same-sex marriage arguments
The Supreme Court of the United States is set to hear historic arguments in cases that could make same-sex marriage the law of the land.
Chief Judge Young recognized for legal career and service to bar
The Evansville Bar Association has honored federal Judge Richard Young with the James Bethel Gresham Freedom Award, the highest recognition the bar association gives.
8 apply to be next COA judge
The Indiana Supreme Court released the names of the eight people who want to replace Court of Appeals Judge Ezra Friedlander after he retires from the bench in August.
Woman’s battery conviction reversed due to fatal variance
A couple arrested after they screamed and resisted arrest at a local Department of Child Services’ office after learning their child was being removed from their care had all but one of their convictions from the incident upheld by the Indiana Court of Appeals Monday.
Opinions April 27, 2015 ILD
Indiana Court of Appeals
Bloomington Police Department v. Stone Belt, Inc. (mem. dec.)
53A01-1411-MI-484
Miscellaneous. Dismisses appeal and vacates the trial court’s order that directed the police department to provide un-redacted records to Stone Belt in response to its public records request.
Anthony Gonterman v. State of Indiana (mem. dec.)
42A01-1410-CR-435
Criminal. Affirms denial of motion for appointment of a special prosecutor and motion for modification of sentence.
Terry Twitty, Sr. v. State of Indiana (mem. dec.)
32A04-1410-CR-472
Criminal. Affirms denial of motion for modification of sentence.
ACLU of Indiana, ILS founder remembered for fighting for justice
The man who helped to found the American Civil Liberties Union of Indiana and Indiana Legal Services Organization died April 5 after a brief hospitalization. Irving Fink was 95.
Opinions April 27, 2015
Indiana Court of Appeals
Adegoke Adetokunbo aka Robert Adesanoye, and Grace Itaniyi v. State of Indiana
49A02-1407-CR-511
Criminal. Affirms Adetokunbo’s convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor battery, and affirms Itaniyi’s convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct. Reverses Itaniyi’s conviction of Class B misdemeanor battery based on insufficient evidence and remands with instructions to vacate that conviction.
BLE announces names of 174 who passed February bar exam
Nearly 175 people have passed the Indiana Bar Exam. The Board of Law Examiners posted the names of the 174 successful test-takers Monday. Results are from the February 2015 exam.
SCOTUS considers excessive force, discrimination and personal data issues
The Supreme Court of the United States said Monday it will decide whether websites and other firms that collect personal data can be sued for publishing inaccurate information even if the mistakes don't cause any actual harm. The court is also considering time limits for discrimination claims and issues involving excessive force against inmates awaiting trial.