Defense wants statements omitted at Indiana fatal fire trial
Defense attorneys for an Evansville man accused of starting a deadly March fire have asked a judge to keep statements he made to police from being used at trial.
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Lawmakers: Longer sentences, more police will deter crime
Harsher sentences and an increased police presence can help fight crime in Indiana, Republican state senators said Wednesday.
Rush proposes business court, makes pitch for e-filing funding
In her first State of Judiciary speech, Indiana Chief Justice Loretta Rush on Wednesday said the judiciary is “currently working on the development of a business court model focused on complex commercial litigation,” and urged the General Assembly to help fund the courts’ electronic filing initiative.
Author and death penalty opponent Sister Helen Prejean calls for judicial reform
When she became pen pals with an inmate on Louisiana’s death row, Sister Helen Prejean said she did not know much about the law or the U.S. Constitution. She was not aware of constitutional protections or how the Supreme Court of the United States was interpreting them.
Opinions Jan. 14, 2015 ILD
Indiana Court of Appeals
Celebration Worship Center, Inc. v. Patrick Tucker and Carolyn P. Tucker a/k/a Patty Tucker (NFP)
22A01-1405-PL-229
Civil plenary. Reverses grant of summary judgment in favor of the Tuckers and remands with instructions. Summary judgment should have been granted in favor of Celebration Worship Center regarding a land dispute.
In the Matter of the Term. of Parent_Child Relationship of: K.N. and M.B. v. The Ind. Dept. of Child Services (NFP)
82A05-1405-JT-239
Juvenile. Affirms termination of parental rights.
Michael Brown v. State of Indiana (NFP)
84A04-1407-CR-337
Criminal. Affirms two-year executed sentence in the Department of Correction for Class D felony disseminating a matter harmful to minors.
Terry McMillian v. Donna McMillian (NFP)
49A02-1405-DR-328
Domestic relation. Reverses dissolution decree and ruling on Terry McMillian’s motion to correct error. Remands for further proceedings.
Anthony Ervin v. State of Indiana (NFP)
49A02-1406-CR-390
Criminal. Affirms conviction of Class A misdemeanor trespass.
Dominique Hughes v. State of Indiana (NFP)
49A02-1311-CR-985
Criminal. Affirms sentence for Class D felony theft and for being a habitual offender.
Adam White v. State of Indiana (NFP)
20A05-1404-CR-187
Criminal. Affirms conviction of Class C felony battery committed by means of a deadly weapon or resulting in serious bodily injury.
Do.D. v. De.D. (NFP)
49A04-1404-PO-169
Protective order. Affirms denial of husband’s motion to correct error after a protective order was issued against him at the request of his wife.
Travis Wilson v. State of Indiana (NFP)
79A02-1405-CR-314
Criminal. Affirms conviction and sentence for Class B felony criminal deviate conduct.
Opinions Jan. 14, 2015
7th Circuit Court of Appeals
United States of America v. Dwan Rashid Taylor
14-1981
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Criminal. Affirms denial of motion to suppress drugs and guns found by police in Taylor’s storage locker pursuant to a search warrant. The police learned of the storage location using a GPS unit that it attached to Taylor’s car without a warrant in 2011, a year before the Supreme Court of the United States held that attaching a GPS device to a car for purposes of gathering information was a search under the Fourth Amendment. Because the officers used the GPS monitor in objectively reasonable reliance on binding appellate precedent in effect at that time, the suppression motion was properly denied.
7th Circuit upholds use of GPS unit on car in 2011
The 7th Circuit Court of Appeals rejected a defendant’s claim that his motion to suppress drugs and guns found by police at a storage locker through the use of a GPS unit should have been granted because attaching the device to his car for purposes of gathering information was a search under the Fourth Amendment.
Senate panel advances bill to open adoption records
Advocates of opening Indiana’s adoption records won an emotional first round Wednesday as a Senate panel advanced legislation that for the first time would open birth records of hundreds of thousands of Hoosiers.
Pence troubled by report Guard mishandled domestic case
Gov. Mike Pence is troubled by allegations that the Indiana National Guard mishandled a domestic violence case and will review a Pentagon report on the matter, his spokeswoman said.
Court orders termination of spousal maintenance following ex-wife’s remarriage
A woman who remarried and now has substantial income and assets as a result of that marriage is no longer entitled to spousal maintenance, the Indiana Court of Appeals ruled Wednesday.
Teen injured in stage collapse loses challenge of tort liability
A Cincinnati girl who was injured when a concert stage collapsed in 2011 at the Indiana State Fair and later declined to settle with the state lost her challenge that the tort claim caps are unconstitutional, ruled the Indiana Court of Appeals Wednesday.
COA reverses in part judgment for agents on man’s insurance claim lawsuit
Finding the owner of a home that burned designated additional evidence which created a genuine issue of material fact, summary judgment should not have been awarded to agents on his claim, the Indiana Court of Appeals held.
Woman can sue Evansville over bungled SWAT raid
A woman who was 68 years old when her home was raided in 2012 by an Evansville SWAT team tracking down online threats against police can sue the city for unreasonable use of force, a federal judge has ruled.
Protective order filings rise during past 9 years
Attorneys say the 25 percent increase reflects more understanding and less victim blaming.
Abrams: Resolutions for the New Year from the IndyBar
While I am effectively a lame duck president writing this article and while my successor, John Trimble, effectively began his term at 12:01 AM on Jan. 1st, he is not sworn in until Jan. 29, 2015, and thus I have the role of continuing to write two more articles for your reading pleasure.
Opinions Jan. 13, 2015 ILD
Indiana Court of Appeals
In Re the Matter of the Paternity of: A.M. by Next Friend, E.D.A. v. B.K.S. (NFP)
82A01-1402-JP-55
Juvenile. Affirms trial court’s award of physical custody of daughter A.S. to father B.S. and denial of mother’s petition to relocate.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of C.C.K., Minor Child, and his Mother C.F., C.F. v. Indiana Department of Child Services (NFP)
30A01-1405-JT-215
Juvenile. Affirms termination of parental rights.
Charles Farrell, III v. State of Indiana (NFP)
20A05-1403-PC-105
Post conviction. Affirms denial of petition for post-conviction relief.
Megan N. Kinsel v. State of Indiana (NFP)
84A04-1408-CR-406
Criminal. Affirms revocation of probation.
Michael A. Patton v. Stardust Transportation, LLC (NFP)
49A05-1402-PL-59
Civil plenary. Affirms in part and reverses in part. The trial court did not err in finding the wage deduction statute was inapplicable to Stardust’s practice of reconciling advance payments. It was not an abuse of discretion for the court to exclude evidence of Patton’s vacation wage claim. The court did abuse discretion in denying Stardust’s motion to amend its answer to include a compulsory counterclaim. Remanded for further proceedings.
Timothy McNamara, Tamara Goodfellow, and Teresa Melton v. Zollman Farms, Inc., Testamentary Trust of Jack D. Roller, and Thomas Michael Carr (NFP)
36A05-1404-PL-180
Civil plenary. Reverses trial court conclusion that a path from a county road to 40 landlocked acres was not a public road by use. Remands with instructions to enter judgment in favor of appellants and for further proceedings such as determining the width of the road and any additional relief to which appellants may be entitled.
Willie Hawkins v. State of Indiana (NFP)
49A04-1401-CR-27
Criminal. Affirms in part, reverses in part and remands Hawkins’ convictions of Class C felony corrupt business influence, Class C felony burglary, and 12 counts of Class D felony theft. Reverses one theft conviction due to the burglary conviction. Remands to the trial court to vacate conviction on that count.
IndyBar: Attorneys Needed for Naturalization Ceremonies
Twice a month, a ceremony at the U.S. Courthouse welcomes newly naturalized American citizens. It’s an awe-inspiring ceremony – and you can be a part of it during 2015.
IndyBar: Save Time and Simplify Your Practice with IndyBar Resources and Member Benefits
It’s resolution time. Whether you’ve resolved to become more efficient, to save money or to become a more effective in your practice, the IndyBar has a member benefit or resource available to help you along the path to resolution success.
Indiana Court Decisions – Dec. 22, 2014 to Jan. 6, 2015
Read about recent Indiana appellate decisions.