Justices suspend Muncie City Court judge
The Indiana Supreme Court issued an order Thursday suspending Dianna L. Bennington, the Muncie City Court judge who faces 13 counts of misconduct.
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Judge delays hearing on Indiana Nativity scene
A federal judge has delayed a hearing on a bid to remove a Nativity scene that's been erected each winter for more than a half-century on a southeastern Indiana county's courthouse lawn.
Opinions Dec. 18, 2014 ILD
Indiana Court of Appeals
Ind. Automobile Wholesalers Assoc., Inc., National Dealer Licence, Llc., et. al. v. Carol Mihalik, Comm. of the Ind. Securities Div. of the Ind. Sec. of State, et. al. (NFP)
02A03-1404-PL-119
Civil plenary. Affirms dismissal of complaint for declaratory judgment and injunctive relief against the state actors.
In Re the Termination of the Parent-Child Relationship of V.A. and A.A. v. Ind. Dept. of Child Services (NFP)
02A04-1405-JT-233
Juvenile. Affirms termination of parental rights.
James D. Harral, Jr. v. State of Indiana (NFP)
79A05-1404-CR-192
Criminal. Affirms 11-year sentence for two counts of Class D felony operating a vehicle while intoxicated with a prior conviction and one count of Class B misdemeanor battery, with a sentencing enhancement for Harral’s admission he is a habitual substance offender.
Landon Harbert v. State of Indiana (NFP)
79A05-1312-CR-634
Criminal. Affirms conviction of Class D felony domestic battery.
Bennie Truth v. State of Indiana (NFP)
49A02-1405-CR-334
Criminal. Affirms conviction of Class D felony failure to register as a sex offender.
William Temple, Jr. v. State of Indiana (NFP)
33A01-1409-MI-373
Miscellaneous. Affirms dismissal of complaint due to failure to comply with I.C. 33-37-3-3.
Glenn A. Eads, Jr. State of Indiana (NFP)
15A04-1406-CR-271
Criminal. Affirms revocation of probation.
In Re the Adoption of K.M., Y.P. v. H.M. (NFP)
68A01-1406-AD-256
Adoption. Affirms order granting stepmother’s petition to adopt K.M.
Timothy L. Hall v. State of Indiana (NFP)
02A05-1404-CR-183
Criminal. Affirms convictions of Class B and Class C felony sexual misconduct with a minor.
Michael Coleman v. State of Indiana (NFP)
49A02-1401-CR-1
Criminal. Affirms convictions of two counts of Class D felony intimidation, and one count of Class B misdemeanor disorderly conduct.
Brian Pierce v. State of Indiana (NFP)
48A02-1405-CR-324
Criminal. Affirms revocation of probation.
Daniel Camacho v. State of Indiana (NFP)
49A04-1405-CR-209
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.
Oluwaseyi Ojo v. State of Indiana (NFP)
49A04-1405-CR-240
Criminal. Affirms conviction of Class B misdemeanor criminal mischief and reverses conviction of Class B misdemeanor criminal recklessness. Remands for further proceedings.
Roger Berghs, Karen Berghs, and Rex Harris v. Planet Antares, Inc., Purco Corp., and Dana M. Bashor (NFP)
02A04-1312-PL-642
Civil plenary. Affirms finding for the franchisor on the Berghses’ lawsuit alleging breach of contract, breach of warranty and criminal deception and decision to not enter default judgment against the franchisor.
Terrance Greenwood, Jr. v. State of Indiana (NFP)
79A04-1406-CR-289
Criminal. Affirms sentence following guilty plea to Class D felony check fraud.
Brook McKee v. State of Indiana (NFP)
05A02-1406-CR-428
Criminal. Affirms sentence following guilty plea to Class D felony intimidation.
Charles S. Komyanek v. Sodexho Services of Indiana (NFP)
64A03-1407-CT-240
Civil tort. Affirms grant of summary judgment in favor of Sodexho Services.
Michael Vicars-Goings v. State of Indiana (NFP)
84A04-1405-CR-242
Criminal. Affirms sentence imposed following revocation of probation.
Larry White v. State of Indiana (NFP)
49A02-1405-CR-356
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Ron Petty v. State of Indiana (NFP)
34A04-1406-CR-279
Criminal. Affirms sentence following guilty plea to Class D felony domestic battery.
Phillip Gray v. The Palace, et al. (NFP)
49A02-1409-MI-614
Miscellaneous. Affirms default judgment in favor of Gray and against the Palace and determination that damages were $103,069.58 plus interest.
Opinions Dec. 18, 2014
Indiana Supreme Court
Rodregus Morgan v. State of Indiana
49S02-1405-CR-325
Criminal. Vacates conviction of Class B misdemeanor public intoxication as the requirements for conviction under Indiana’s public intoxication statute have not been met. An objective reasonable person standard should be read into Indiana’s public intoxication statute when applying the term “annoys.” Under that reading, the statute is not unconstitutionally vague.
COA: Terminating guardianship is in child’s best interest
In a contentious guardianship case involving a child’s father and her former stepgrandmother, the Indiana Court of Appeals affirmed that the guardianship should be dissolved and the father should have custody of the child.
COA affirms convictions despite erroneously admitted testimony
The Indiana Court of Appeals has upheld a man’s convictions, including forgery and possession of a firearm by a serious violent felon, after finding the errors by the trial court in admitting certain testimony were harmless beyond a reasonable doubt.
Grandparents lose second challenge of parental custody
Grandparents who largely were the sole caregivers of a child until about age 3 lost a second custody challenge and bid to regain visitation with the child.
Whistleblower’s claim ‘sufficiently specific’ to continue with lawsuit
A woman who claims she was fired after she blew the whistle about alleged accounting violations by her boss can move forward with her lawsuit against her former employer.
New trial ordered after expert testimony improperly excluded
A couple who brought a products liability claim against a ladder manufacturer and the store that sold the ladder are entitled to a new trial after the 7th Circuit Court of Appeals found the magistrate judge should not have struck their expert witness’s testimony. The couple lost their case as a result of the judge’s decision.
New trial ordered after expert testimony improperly excluded
A couple who brought a products liability claim against a ladder manufacturer and the store that sold the ladder are entitled to a new trial after the 7th Circuit Court of Appeals found the magistrate judge should not have struck their expert witness’s testimony. The couple lost their case as a result of the judge’s decision.
COA affirms East Chicago judge’s request for more money
An East Chicago City Court judge carried her burden to establish that the $65,000 in requested funds were reasonably necessary, the Court of Appeals held Thursday in affirming the grant of her mandate request. The appellate judges also decided the city court is entitled to appellate fees and expenses.
Public intoxication statute constitutional, but ‘annoying’ man’s conviction vacated
The Indiana Supreme Court vacated a man’s public intoxication conviction after finding his agitation does not rise to the level that would annoy a reasonable person. But the justices did find that the statute is not unconstitutionally vague.
Conour victim settles suit naming Doehrman
Victims of convicted fraudster and former attorney William Conour have settled a lawsuit that named a one-time Conour associate as a defendant.
Judge rejects NCAA concussions deal
A federal judge in Chicago rejected a proposed $75 million class-action head injury settlement with the National Collegiate Athletic Association on Wednesday, portraying the deal as too unwieldy and potentially underfunded and urging both sides to go back to the drawing board.
Supreme Court dismisses appeal in right-to-work case
The Indiana Supreme Court dismissed a Lake County lawsuit challenging the state’s right-to-work law after the state and plaintiffs filed a motion to dismiss.
Opinions Dec. 17, 2014 ILD
Indiana Court of Appeals
Carrie Douglas v. State of Indiana (NFP)
49A02-1310-CR-911
Criminal. Affirms dismissal of Douglas’ petition for writ of habeas corpus.
Utah Dockery, Jr. v. State of Indiana (NFP)
18A02-1407-CR-494
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.
James David Finney v. State of Indiana (NFP)
53A01-1311-CR-495
Criminal. Affirms convictions of felony murder and two counts of Class C felony carrying a handgun without a license as well as the 73-year sentence.
Michael Whittaker v. State of Indiana (NFP)
84A01-1407-CR-310
Criminal. Affirms revocation of probation.
Robert Warner v. State of Indiana (NFP)
29A05-1402-PC-52
Post conviction. Affirms denial of petition for post-conviction relief.
Steven R. Santana v. State of Indiana (NFP)
45A03-1406-PC-186
Post conviction. Affirms denial of petition for post-conviction relief.
James Roof v. David Asher (NFP)
49A02-1402-CT-106
Civil tort. Affirms jury verdict awarding $240,000 to Asher.
Deborah Birge v. State of Indiana (NFP)
48A05-1405-CR-230
Criminal. Affirms revocation of probation and order Birge serve one year of her previously suspended sentence in the Department of Correction.
In the Matter of: J.M., A Child in Need of Services, T.M. v. Indiana Department of Child Services, and Child Advocates, Inc. (NFP)
49A02-1402-JC-94
Juvenile. Affirms finding J.M is a child in need of services.
Opinions Dec. 17, 2014
Indiana Supreme Court
Shawn Blount v. State of Indiana
49S02-1405-CR-338
Criminal. Affirms conviction of being a serious violent felon in possession of a firearm. A detective’s testimony that a witness identified Blount as the suspect was inadmissible hearsay, but it was a harmless error. There was no variance between the charging information and the evidence presented at trial.
Justices find detective’s inadmissible hearsay is harmless error
The Indiana Supreme Court reinstated a man’s conviction of being a serious violent felon in possession of a firearm after finding that a detective’s inadmissible hearsay amounts to a harmless error.
Malicious prosecution suit against Kentucky man and his lawyer may proceed
The former employers of a man who sued them for discrimination and later dismissed his claims may proceed with their lawsuit alleging malicious prosecution and other claims against that man and his attorney, the Court of Appeals ruled Wednesday.
COA orders trial court to rule on motion to set aside tax deed
Because a man’s appeal of the issuance of a tax deed was improperly before the Indiana Court of Appeals, the court dismissed the appeal without prejudice and told the trial court to rule on his motion to set aside.