Advocate says Indiana woman’s sentence for feticide alarming
An Indiana woman received a 20-year sentence in the death of her premature infant, a punishment the head of a national advocacy group called cruel and a misuse of the state's feticide law.
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Tax Court affirms ruling in favor of KinderCare on educational exemption
The Indiana Board of Tax Review did not err when it determined property on which a KinderCare Learning Center sits qualified for an educational purposes exemption for the 2009 tax year, the Indiana Tax Court ruled Wednesday.
Opinions April 1, 2015
United States of America v. Christian J. Miller, Frank Jordan, and Joshua N. Bowser
14-1237, 14-1585, and 14-1592
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Affirms judgments against defendants for various criminal charges, including wire fraud, racketeering, and conspiracy to distribute cocaine. Bowser’s case is remanded for further consideration of the term of his supervised release authorizing suspicionless searches.
7th Circuit affirms Outlaws members’ convictions, remands over suspicionless search condition
Three members of the Indianapolis Chapter of the Outlaws Motorcycle Club lost their appeals before the 7th Circuit Court of Appeals Tuesday, however, the judges did decide that one man’s probation condition needs further consideration.
IU McKinney lecture cancelled over RFRA
The annual Birch Bayh Lecture scheduled for Thursday at Indiana University Robert H. McKinney School of Law has been cancelled after the speaker declined to come to the Indiana law school because of the recently passed Religious Freedom Restoration Act.
5 arrested in protest inside US Supreme Court
Protesters disrupted Supreme Court of the United States proceedings Wednesday for the second time this year with shouted criticism of the court's previous rulings on campaign finance.
Indy could be short $37M on justice center financing, analysis says
Indianapolis Mayor Greg Ballard's promise of financing a new justice center through operational savings is overblown, according to an analysis by the Indianapolis City-County Council.
Opinions March 31, 2015 ILD
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Indiana Court of Appeals
John Mark Nipp v. Amy Elizabeth Nipp (mem. dec.)
33A01-1410-DR-457
Domestic relation. Reverses grant of mother’s motion to clarify a 2014 order and the reduction of father’s parenting time with M.N.
Rodney L. Blakely v. State of Indiana (mem. dec.)
49A02-1406-CR-391
Criminal. Affirms convictions of two counts of Class C felony criminal confinement in one case and Class D felony strangulation in another case.
Amanda R. Lee v. State of Indiana (mem. dec.)
02A05-1409-CR-423
Criminal. Affirms 12-year sentence imposed following guilty plea to Class B felony dealing in methamphetamine, Class D felonies maintaining a common nuisance and dumping controlled substance waste, and Class A misdemeanor possession of paraphernalia.
John Randall Portis v. State of Indiana (mem. dec.)
45A03-1408-CR-285
Criminal. Affirms conviction of Class B felony dealing in cocaine.
Shamus L. Patton v. State of Indiana (mem. dec.)
49A04-1406-CR-277
Criminal. Affirms convictions for six counts of Class C felony forgery.
Monica McCall v. State of Indiana (mem. dec.)
49A04-1408-CR-366
Criminal. Affirms conviction of Class D felony domestic battery.
SVT, LLC d/b/a Ultra Foods v. Benny Becchino (mem. dec.)
45A03-1407-CT-238
Civil tort. Affirms trial court’s decision to give jury instructions on spoliation and the apportionment of damages.
Gregory A. Caudle v. State of Indiana (mem. dec.)
49A02-1412-CR-847
Criminal. Dismisses pro se appeal of the denial of Caudle’s verified motion for discharge and request for production of certified documents.
Jeremy Ryan v. State of Indiana (mem. dec.)
20A03-1408-PC-293
Post conviction. Affirms denial of petition for post-conviction relief.
Brandon Scroggin v. State of Indiana (mem. dec.)
64A03-1410-CR-352
Criminal. Affirms convictions, including Class C felony receiving stolen auto parts and Class A misdemeanor criminal mischief, but reverses imposition of a six-year portion of Scroggin’s aggregate 19½-year sentence that related to the convictions of Class D felonies arson and intimidation since they were part of a single episode of criminal conduct. Remands for the trial court to impose a sentence that is consistent with the opinion.
Bradley Hunt v. State of Indiana (mem. dec.)
09A02-1409-CR-686
Criminal. Affirms juvenile court’s waiver of juvenile jurisdiction.
Rodney S. Perry, Sr. v. State of Indiana (mem. dec.)
45A03-1412-CR-448
Criminal. Affirms order refusing to allow Perry to file a motion to correct erroneous sentence.
In Re the Adoption of H.J.S., J.H.S. and P.L.S. v. B.M.C. and A.J.S. (mem. dec.)
76A04-1410-AD-502
Adoption. Reverses dismissal of paternal grandparents’ petition to adopt grandchild. Remands for further proceedings.
Henry Gooch v. State of Indiana (mem. dec.)
49A02-1408-CR-571
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.
Sylvester Dunn v. State of Indiana (mem. dec.)
49A05-1407-CR-327
Criminal. Affirms conviction of Class B misdemeanor battery.
Michael J. Weis v. State of Indiana (mem. dec.)
26A04-1409-CR-444
Criminal. Affirms denial of petition for post-conviction relief.
Beverly R. Newman, Ed.D. v. Meijer, Inc. (mem. dec.)
49A05-1409-PL-469
Civil plenary. Reverses denial of Newman’s motion to set aside the dismissal of her complaint. Remands for further proceedings.
Loyd Allen Sands v. State of Indiana (mem. dec.)
35A04-1408-CR-364
Criminal. Affirms convictions and sentence for five counts of Class A felony child molesting, one count of Class C felony child molesting and one count of Class B felony sexual misconduct with a minor.
Federal court rejects Dearborn judges’ immunity defense
A deaf man’s discrimination lawsuit against three judges in Dearborn County can proceed according to a March 30 ruling in federal court.
COA reverses ruling in favor of couple who kept alpacas in residential area
The Indiana Court of Appeals held Tuesday that a Lake County court erred when it denied the county’s request for an injunction to prevent a couple from keeping alpacas on their property to raise for business purposes.
SCOTUS sides with Idaho in Medicaid pay dispute
Private health care providers cannot sue to force states to raise their Medicaid reimbursement rates to keep up with rising medical costs, the Supreme Court of the United States ruled Tuesday.
Court finds railroad’s arguments over dam don’t hold water
Because a railroad company failed to prove there are no genuine issues of material fact regarding its defense to a breach of covenant claim against it concerning the maintenance of a dam, the Indiana Court of Appeals reversed summary judgment in its favor and remanded for further proceedings.
US Supreme Court weighs Spider-Man toy patent fight
Spider-Man's latest adventure is taking him through the strange and mysterious world of patent law.
Indiana man convicted in 2 killings to get life in prison
A northern Indiana man is set to spend the rest of his life in prison without parole for the killings of his brother and sister-in-law.
Pence wants changes to religious-objections law
Indiana Gov. Mike Pence said Tuesday that he wants legislation on his desk by the end of the week to clarify that the state's new religious-freedom law does not allow discrimination against gays and lesbians.
Opinions March 31, 2015
Indiana Court of Appeals
Berthal O. Williams and Patricia Williams v. The Indiana Rail Road Company
77A04-1311-CC-580
Civil collection. Reverses summary judgment in favor of the Indiana Rail Road Company on the Williamses’ attempt to enforce a 1901 indenture regarding a dam on their property. Concludes the indenture was a covenant running with the land, that the terms set forth in the indenture required IRR to maintain the dam and the water level at a specific depth, and that it contained a covenant, perpetual in nature, that did not cease upon a prior breach. Remands for further proceedings.
Questions exist as to whether fiduciary duty was breached
There is sufficient evidence to create genuine issues of material fact as to whether a shareholder breached its fiduciary duty owed to other shareholders and whether it committed constructive fraud by remaining silent about two businesses’ financial states, the Indiana Court of Appeals ruled Tuesday.
Ambiguous probation condition leads to reversal of violation finding
The Indiana Court of Appeals reversed the revocation of a woman’s probation after two judges ruled the probation condition at issue is ambiguous regarding whether and when she had to report an arrest while on probation for a charge that allegedly occurred before the probation began.
Court upholds convictions from controlled drug buys
The Indiana Court of Appeals rejected a man’s argument that his two Class B felonies for dealing in cocaine should be reversed based on prosecutorial misconduct and his limited cross-examination of the state’s confidential informant.
COA orders man resentenced with credit time considered
Although the Indiana Court of Appeals disagreed with a defendant’s argument on appeal, it still found the trial court erred when it ordered him to serve the entirety of his original sentence without any credit time for time spent on home detention.