Hamilton County establishing veterans court
A veterans court could be up and running in Hamilton County within 45 days after the county council on Wednesday approved startup funding.
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Anthem data breach already sparks class-action lawsuit
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.
7th Circuit affirms carjacking enhancement stemming from bank robbery
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.
7th Circuit stresses holding Pavey hearing separate from summary judgment hearing
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.
Defendant must try to prevent crime discovery for statute of limitations to toll
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.
Opinions Feb. 4, 2015 ILD
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.
Opinions Feb. 4, 2015
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.
IU Maurer teams up with 5 women’s colleges for scholarships
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.
Marion County justice complex decision could come at last minute
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.
Majority finds no error regarding potential electronic monitoring
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.
Second Harper Lee novel to be published in July
Fans and followers of Atticus Finch rejoice. "To Kill a Mockingbird" will not be Harper Lee's only published book after all.
Court rules in favor of hospital in contract dispute
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.
Man’s conviction for murdering neighbor upheld
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.
Courthouse security plan to add cameras with sweeping views
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.
Oden pleads guilty to battery in deal with prosecutors
Former NBA No. 1 draft pick Greg Oden has struck a plea deal with prosecutors to settle battery charges involving a former girlfriend.
Indiana woman found guilty of feticide charge
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.
House panel passes bill adding oversight to state agencies
State government agencies could face greater scrutiny when proposing new regulations under a measure an Indiana House committee approved Tuesday.
Settlement reached in former IPFW chancellor’s lawsuit
Attorneys for Purdue University say the school has settled a federal lawsuit over the forced retirement of Indiana-Purdue Fort Wayne's former chancellor.
Opinions Feb. 3, 2015 ILD
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.
Opinions Feb. 3, 2015
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.