IU McKinney partners with USI for legal scholarship
Indiana University Robert H. McKinney and the University of Southern Indiana have created a scholar program that will allow two students from USI to attend IU McKinney, beginning in the fall 2015.
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Reservist entitled to full longevity pay despite time away from police force
The 7th Circuit Court of Appeals held Tuesday that a Plymouth, Indiana, patrolman should receive the $2,700 in longevity pay he is entitled to from the city under an ordinance. The city cut the payment by two-thirds because the man served eight months on activity duty in the U.S. Air Force.
Court hears ex-Indiana elections chief’s appeal
An attorney for former Secretary of State Charlie White faced tough questioning Tuesday from Indiana's three-judge appeals court during White's latest bid to overturn the voter fraud convictions that forced him from office.
Prosecutor to seek death penalty for mutilator
A prosecutor intends to seek the death penalty for a southern Indiana man who has confessed to fatally stabbing his girlfriend and mutilating her body, including cooking and eating some of her organs.
Indiana high court to hear accomplice death appeal
The Indiana Supreme Court will hear the appeal of three Elkhart men convicted of murder after an accomplice was fatally shot by a homeowner during a break-in.
State declines to appeal Overstreet competency ruling
The Office of the Indiana Attorney General announced Tuesday it will not appeal a special judge’s ruling that a man on death row is not competent and therefore cannot be executed.
Opinions Dec. 9, 2014 ILD
Indiana Court of Appeals
Christopher DeMoss v. State of Indiana (NFP)
84A05-1408-CR-235
Criminal. Affirms revocation of probation.
Dallas C. Myers v. Heather D. Myers (NFP)
29A02-1405-DR-335
Domestic relation. Affirms denial of father’s requests to modify custody, to hold mother in contempt and to require mother to contribute to transportation expenses related to his parenting time.
Demetrius Sanders v. State of Indiana (NFP)
49A02-1405-CR-301
Criminal. Affirms sentencing determination but remands for clarification of Sanders’ sentence regarding the length of his probation.
Christopher Truman v. State of Indiana (NFP)
64A05-1403-CR-140
Criminal. Affirms convictions and 118-aggregate sentence relating to the sexual abuse of four minor boys.
Opinions Oct. 9, 2014
Indiana Court of Appeals
Kolyann Williams v. State of Indiana
34A02-1406-CR-418
Criminal. Reverses conviction of Class A misdemeanor marijuana possession stemming from a traffic stop. Concludes the officer did not have a reasonable suspicion to believe that Williams had committed an infraction that supported stopping his car.
Liquor store owners argue state has Constitutional right to regulate cold beer
The Indiana Association of Beverage Retailers Inc., arguing that the state’s interest in regulating alcohol trumps an Equal Protection challenge, has filed an amicus brief in support of Indiana’s law prohibiting convenience stores and gas stations from selling beer cold.
COA reverses marijuana conviction based on illegal traffic stop
A police officer was mistaken when he pulled over a vehicle that, due to a broken tail light, emitted more white light than red light, the Indiana Court of Appeals ruled Tuesday. The statute only requires that some red light be visible, which occurred in this case.
Court upholds serious violent felon finding, despite not using term ‘SVF’
The Indiana Court of Appeals rejected a man’s claim that because a stipulation to being a serious violent felon did not use the term “serious violent felon,” the state didn’t establish that as his status.
COA reverses syringe possession conviction due to lack of evidence
Because the state couldn’t prove that a man intended to use a syringe to inject a legend drug, as is required by the statute to convict him of possession of a syringe, the Indiana Court of Appeals reversed the man’s conviction. The man intended to use the syringe to inject heroin, which is not covered by the statute.
Appeal hearing set for ex-Indiana elections chief
The Indiana appeals court is set to take up former Secretary of State Charlie White's fight to overturn the voter fraud conviction that forced him from office.
Lawyer says no plea deal in Mellencamp son’s case
The defense attorney for the oldest son of rock star John Mellencamp says she is seeking a pretrial hearing but no agreement has been reached for him to plead guilty to charges that he badly beat a man.
Supreme Court inadvertently sends email to thousands of attorneys
Because of a human error, the Indiana Supreme Court accidently sent an email intended for a small group of attorneys to thousands of attorneys through its notification system.
Opinions Dec. 8, 2014, ILD
Indiana Court of Appeals
Terry L. LaCroix v. State of Indiana (NFP)
35A05-1404-CR-196
Criminal. Affirms convictions of four counts of Class A felony child molesting, but revises his sentence to concurrent 40-year terms with 35 years executed and five years suspended to probation on all counts.
Richard Edwards v. State of Indiana (NFP)
49A02-1403-CR-195
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.
Clay Michael Howard v. State of Indiana (NFP)
79A02-1403-CR-202
Criminal. Affirms denial of motion to withdraw guilty plea, but reverses sentence in part and remands for revision. It was erroneous to impose one year of home detention in excess of the executed portion of the term because it contravened the terms of the plea agreement.
Jonathan Maynard v. State of Indiana (NFP)
32A01-1405-CR-205
Criminal. Reverses convictions of Class C felony attempted child molesting and Class B misdemeanor battery and remands with instructions to vacate them based on double jeopardy violations. Affirms conviction of Class C felony child molesting.
Calvin Sarver v. State of Indiana (NFP)
29A02-1407-CR-504
Criminal. Affirms sentence following guilty plea to Class B felony burglary.
Mark Robinson v. State of Indiana (NFP)
49A02-1402-CR-122
Criminal. Affirms conviction of Class D felony theft.
Opinions Dec. 8, 2014
Indiana Court of Appeals
Randal L. Young v. Indiana Department of Correction, Bruce Lemmon, David J. Donahue, Stanley Knight, et al.
32A05-1403-MI-148
Miscellaneous. Affirms the DOC’s policy concerning the restoration of credit time for inmates, which says the credit time sought must be credit time that was deprived during the offender’s current sentence. The policy does not result in disparate treatment and does not unconstitutionally discriminate against offenders who are ordered to serve consecutive sentences.
DOC credit-time policy does not result in disparate treatment
The Indiana Court of Appeals rejected an inmate’s argument in his lawsuit challenging the constitutionality of the Department of Correction’s policy concerning the restoration of credit time for inmates. Because the policy does not result in disparate treatment, the judges affirmed the lower court ruling in favor of the DOC.
Justices take molestation case that divided Court of Appeals
The Indiana Supreme Court has granted transfer to a Marion County case that split the Court of Appeals as to whether the man’s Class A felony conviction for molesting his girlfriend’s daughter should be upheld.
COA reverses convictions based on ineffective appellate counsel
The Indiana Court of Appeals reversed a man’s convictions of Class A felony child molesting and Class B felony sexual misconduct with a minor based on his sexual advances toward his stepdaughter when she was in junior high and high school. The judges acknowledged as a result of their decision, the stepfather won’t face any legal consequences for those actions, but the state had a duty to present sufficient evidence to support those convictions.