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Less than 12 hours after Anthem Inc. reported hackers had stolen data on as many as 80 million current and former customers, Indianapolis attorney Irwin Levin already was preparing a class-action lawsuit against the company.
The 7th Circuit Court of Appeals quickly dismissed a defendant’s argument that his sentence for bank robbery should not include a two-level sentence enhancement for carjacking because the keys to the car were obtained by rummaging through the victim’s purse and not through force or intimidation.
The 7th Circuit Court of Appeals affirmed summary judgment for the Indiana Department of Correction and its commissioner on a disabled inmate’s claims of violations of the Americans with Disabilities Act and the Rehabilitation Act. The judges also suggested that courts do not hold a Pavey hearing at the same time as a hearing on a motion for summary judgment.
In dealing with an issue of first impression, the Indiana Supreme Court found a robbery charge should be dismissed because it was filed outside of the statute of limitations. The state argued the defendant had concealed evidence of the crime, thus tolling the five-year statute of limitations.
Indiana Court of Appeals
George Layton v. State of Indiana (mem. dec.)
58A05-1406-CR-292
Criminal. Affirms sentence following guilty plea to one count of Class B felony conspiracy to commit dealing methamphetamine.
Glenn Beard v. State of Indiana (mem. dec.)
49A05-1312-CR-618
Criminal. Affirms felony murder conviction.
Jason E. Morales v. State of Indiana (mem. dec.)
82A01-1405-PC-206
Post conviction. Affirms denial of petition for post-conviction relief.
Elwin Hart v. State of Indiana (mem. dec.)
49A05-1406-PC-273
Post conviction. Affirms denial of petition for post-conviction relief.
Jerome Sumlin v. State of Indiana (mem. dec.)
49A02-1406-CR-434
Criminal. Affirms convictions and sentence for Class B felonies conspiracy to commit dealing in a narcotic drug, dealing in a narcotic drug and possession of a firearm by a serious violent felon.
Indiana Court of Appeals
Loren H. Fry v. State of Indiana
09A05-1404-CR-178
Criminal. Affirms felony murder conviction. Concludes the state properly corroborated the hearsay evidence it submitted in support of its request for a search warrant for Fry’s home, circumstantial evidence supports his conviction, there was no prosecutorial misconduct or an error by the court in denying his jury instruction on mere presence.
Indiana University Maurer School of Law announced Wednesday that it has established scholarship and mentoring programs for graduates of five liberal arts colleges for women.
The Indianapolis City-County Council could push the closing of a $1.6 billion deal for a new criminal justice complex to the last minute.
The Indiana Court of Appeals rejected a man’s argument that a trial court had improperly delegated to a community corrections program the authority to decide whether he should be subject to electronic monitoring.
Fans and followers of Atticus Finch rejoice. "To Kill a Mockingbird" will not be Harper Lee's only published book after all.
A Lake County medical center prevailed in an appeal filed by the other party in a contract to provide anesthesiology services for patients. The Indiana Court of Appeals affirmed summary judgment in favor of the hospital on several breach of contract claims.
Citing a wide array of circumstantial evidence to support a Cass County man’s murder conviction in connection with his neighbor’s death, the Indiana Court of Appeals affirmed the conviction.
Security cameras at a southeastern Indiana county's courthouse will rotate 180 degrees and allow officials to monitor every part of the building without cluttering it up.
Former NBA No. 1 draft pick Greg Oden has struck a plea deal with prosecutors to settle battery charges involving a former girlfriend.
A guilty verdict has been returned against an Indiana woman charged with neglect in the death of a newborn whose body was found in a restaurant trash bin.
State government agencies could face greater scrutiny when proposing new regulations under a measure an Indiana House committee approved Tuesday.
Attorneys for Purdue University say the school has settled a federal lawsuit over the forced retirement of Indiana-Purdue Fort Wayne's former chancellor.
Indiana Court of Appeals
Chris Schumacher v. Theresa Martin-Schumacher (mem. dec.)
88A01-1407-MI-285
Miscellaneous. Affirms order declaring the Schumachers were not married as a result of their wedding ceremony and they both have the status of single persons.
Andrew Wedge v. State of Indiana (mem. dec.)
82A01-1403-CR-143
Criminal. Affirms conviction of Class B felony manufacture of methamphetamine.
Mark A. Kimmel v. State of Indiana (mem. dec.)
51A05-1407-CR-351
Criminal. Affirms Class D felony theft conviction.
In the Matter of the Termination of the Parent-Child Relationship of: A.W. (Minor Child) and A.W. (Mother) v. The Indiana Department of Child Services (mem. dec.)
50A03-1406-JT-221
Juvenile. Affirms involuntary termination of parental rights.
In Re: the Paternity of D.Y.E., M.D. (Father) v. A.G. (Mother) (mem. dec.)
64A03-1408-JP-289
Juvenile. Affirms order imposing a short period of supervised parenting time before father could exercise parenting time pursuant to the Indiana Parenting Time Guidelines.
Fabian Gomez v. State of Indiana (mem. dec.)
45A03-1405-PC-145
Post conviction. Affirms denial of petition for post-conviction relief.
Travis J. Monroe v. State of Indiana (mem. dec.)
03A04-1408-CR-368
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.
Everett Harry Koonce, Jr. v. State of Indiana (mem. dec.)
45A03-1405-CR-184
Criminal. Affirms sentence for Class C felony attempted battery by means of a deadly weapon.
Julie Wright v. State of Indiana (mem. dec.)
49A02-1406-CR-392
Criminal. Affirms conviction of Class A misdemeanor conversion.
In the Matter of the Termination of the Parent-Child Relationship of: T.P., K.P., and D.P., minor children, and D.S., Mother, and B.P., Father v. The Indiana Department of Child Services (mem. dec.)
53A01-1408-JT-337
Juvenile. Affirms termination of parental rights.
Indiana Court of Appeals
Nick Hunckler v. Air Sorce-1, Inc., Timothy Miller and Kelly A. Brannen
84A01-1405-CT-217
Civil tort. Reverses summary judgment in favor of the defendants on Hunckler’s personal injury claim. There are material issues of fact that exist and therefore preclude any grant of summary judgment that determined Miller was not liable by virtue of his position as an officer of the corporation as that would be erroneous. Remands for further proceedings. Judge Robb concurs in result with opinion.
A group of four representatives of the Indiana Supreme Court explained to the House Ways & Means Committee Tuesday morning why the state should give the judiciary millions of dollars for court technology, access to courts and criminal code reform.