Indiana Senate backs death penalty for beheading crimes
A bill making intentionally decapitating someone a crime eligible for the death penalty has been approved by the Indiana Senate.
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Lake County Court in Hammond closed due to water main break
A water main break has forced the closure of the Lake County Superior Court in downtown Hammond.
Conviction, sentence affirmed for man who fatally shot cousin
The reckless homicide conviction and 12-year sentence given to an Indianapolis man who shot and killed his cousin as the two struggled for control of a revolver was affirmed Friday.
Court affirms 3-year home detention for Class D felony
A man was properly sentenced to three years of home detention for conviction of Class D felony receiving stolen property, the Indiana Court of Appeals ruled Friday.
Protective order against ex-husband reversed for lack of evidence
A trial court had insufficient evidence to extend a protective order a woman sought against her ex-husband, the Indiana Court of Appeals ruled in reversing the order.
Legislation increasing the service of process fee moves to the House
The Indiana Senate Thursday endorsed an increase in the fees sheriffs collect to serve court papers. The fee will nearly double from $13 to $25 under legislation sent to the House of Representatives.
Bill opening birth records passes Senate
The Indiana Senate Thursday approved a bill that would open birth records to some 350,000 Hoosiers adopted between 1941 and 1993.
Opinions Jan. 22, 2015 ILD
Indiana Court of Appeals
Santiago Valdez v. State of Indiana (NFP)
18A05-1407-CR-304
Criminal. Affirms denial of Valdez’s motion to proceed pro se.
Thomas Allen Beavers v. State of Indiana (NFP)
45A03-1405-CR-165
Criminal. Affirms sentence for Class B felony aggravated battery.
Joshua Adam Spears v. State of Indiana (NFP)
40A05-1405-CR-242
Criminal. Affirms conviction of Class D felony battery.
Malcolm L. Russell v. State of Indiana (NFP)
89A01-1312-CR-563
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class D felony possession of marijuana.
Shawn J. Riggle v. State of Indiana (NFP)
84A04-1407-CR-341
Criminal. Affirms revocation of placement in community corrections.
Jason Lee Schwartz v. State of Indiana (NFP)
17A04-1404-CR-202
Criminal. Affirms sentence for convictions of five counts of Class B felony sexual misconduct with a minor, three counts of Class A felony child molesting, and one count each of Class A felony attempted child molesting and Class B felony attempted sexual misconduct with a minor. Remands for the abstract of judgment to be corrected.
Bogunia Electric, Inc., d/b/a Mr. Electric and Steven Bogunia v. James Yakym (NFP)
71A04-1405-CC-238
Civil collection. Affirms judgment in favor of Yakym on his complaint against Bogunia Electric for breach of contract.
Opinions Jan. 22, 2015
Indiana Supreme Court
Jason Young v. Hood's Gardens, Inc.
29S02-1405-PL-314
Civil plenary. Reverses summary judgment in favor of Hood’s Gardens that it had no secondary liability to pay workers’ compensation benefits to Jason Young, who was severely injured while removing a tree from Hood’s Gardens’ property. The "value" that triggers secondary liability under Indiana Code 22-3-2-14(b) may include the value of other property transferred in connection with the performance of services and the designated evidence shows that the contract Hood’s Gardens entered into with the tree removal company may have been more than $1,000 once the value of firewood is considered.
Justices: ‘Value’ threshold for workers’ comp liability not just direct monetary payment
The “value” attributable to the performance of work that triggers secondary liability under the Worker’s Compensation Act includes both direct monetary payment as well as any ancillary consideration received for the work, the Indiana Supreme Court ruled in a case of first impression.
Insurer had duty to defend lawsuit against Menard and loss prevention company
A trial court incorrectly granted summary judgment in favor of a loss prevention company’s insurer over whether it had a duty to defend a Menard customer’s lawsuit stemming from actions of the loss prevention specialist.
Court affirms valuation of hoof trimming business
A trial court did not abuse its discretion in ordering an ex-husband to pay a portion of an expert’s fee for valuating his hoof trimming business upon the dissolution of his marriage, the Indiana Court of Appeals held Thursday.
COA affirms Notre Dame not responsible for treatment unrelated to work injury
The Indiana Court of Appeals affirmed on Thursday the decision by the Worker’s Compensation Board that a University of Notre Dame employee had reached maximum medical improvement from her work-related injury.
Construction manager owed no duty to injured independently contracted employee
Based on the contracts between Ivy Tech Community College, the contract manager it hired and an independent contractor, no duty of care existed between the contract manager and the employees of contractors, the Indiana Court of Appeals affirmed.
Campaign finance protest, hidden camera disrupt high court
For the second time in 11 months, opponents of the Supreme Court of the United States rulings lifting limits on money in political campaigns briefly disrupted proceedings in the courtroom and embarrassed the court by managing to get a camera past court security.
ESPN sues Notre Dame over police records involving athletes
ESPN has filed a lawsuit against University of Notre Dame, alleging the school is violating Indiana's public record laws by withholding police incident reports about possible campus crimes involving certain student-athletes.
Opinions Jan. 21, 2015 ILD
Wednesday’s opinions
Indiana Court of Appeals
Sandra Elaine Lappin v. Anthony Alex Timmerman (NFP)
86A03-1407-PL-229
Civil plenary. Reverses summary judgment in favor of Timmerman on his motion to dismiss Lappin’s complaint that he not be allowed to participate in an HVAC business in violation of the parties’ covenant not to compete. Remands for further proceedings.
Karen K. Hardison v. State of Indiana (NFP)
87A01-1407-CR-293
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.
Sally Brodie v. Viking Development, LLC (NFP)
46A03-1311-CC-442
Civil collection. Affirms award of summary judgment to Viking Development on its claim against Brodie, as guarantor of a contract, for specific performance. Remands for a determination of reasonable appellate attorney fees.
Benjamin T. Haines v. State of Indiana (NFP)
90A02-1408-CR-545
Criminal. Affirms convictions of Class D felony resisting law enforcement, Class B misdemeanor reckless driving and Class B misdemeanor criminal mischief.
Julius Q. Armstead v. State of Indiana (NFP)
79A02-1403-CR-137
Criminal. Affirms sentence for Class B felony robbery.
Opinions Jan. 21, 2015
Indiana Court of Appeals
Sandra Elaine Lappin v. Anthony Alex Timmerman (NFP)
86A03-1407-PL-229
Civil plenary. Reverses summary judgment in favor of Timmerman on his motion to dismiss Lappin’s complaint that he not be allowed to participate in an HVAC business in violation of the parties’ covenant not to compete. Remands for further proceedings.
New Albany attorney named part-time magistrate judge
A senior partner with Kightlinger & Gray LLP has been selected as a part-time magistrate judge in the U.S. District Court for the Southern District of Indiana.
Committee advances bill raising non-panel limit in medical malpractice claims
Medical malpractice claims of up to $50,000 would go directly to court under a proposal that cleared an Indiana Senate committee Wednesday.