Absence of evidence douses tobacco charge
An Indiana inmate’s punishment for allegedly trafficking in tobacco was snuffed out when the 7th Circuit Court of Appeals found he was convicted without evidence of guilt.
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Texas attorney general argues gay couple’s marriage is void
As a newlywed lesbian couple in Texas celebrate defying a statewide ban on gay marriage, the state's Republican attorney general is preparing to tell a court Friday why it should rule their nuptials invalid.
House rejects changes to Sunday alcohol sales bill
An effort to dial back proposed restrictions on grocery, convenience and drug stores in a bill that would legalize Sunday carryout alcohol sales was narrowly defeated Thursday in the Indiana House of Representatives.
Opinions Feb. 19, 2015 ILD
Indiana Court of Appeals
Malcom Cobb, Jr. v. State of Indiana (mem. dec.)
48A02-1404-CR-228
Criminal. Affirms Cobb’s convictions of murder, a felony; and robbery, a Class B felony. Finds the state presented sufficient evidence for the murder conviction.
Eddie Long v. State of Indiana (mem. dec.)
49A02-1406-CR-419
Criminal. Affirms Long’s conviction of invasion of privacy, a Class A misdemeanor.
Forrest Brown v. State of Indiana (mem. dec.)
48A02-1405-CR-309
Criminal. Affirms sentence for 18 months executed and 54 months suspended to probation following Brown’s conviction for nonsupport of a dependent child, a Class C felony.
Gregory Schweisthal v. State of Indiana (mem. dec.)
75A04-1403-CR-141
Criminal. Affirms convictions and 64-month sentence for Class D felony invasion of privacy and Class A misdemeanor domestic battery.
Alandus D. James v. State of Indiana (mem. dec.)
20A03-1405-CR-173
Criminal. Affirms 30-month sentence for Class D felony residential entry and two consecutive 18-months sentences for Class D felony battery on a child and Class D felony strangulation.
Herbert Sheese v. State of Indiana (mem. dec.)
84A01-1405-CR-195
Criminal. Affirms Sheese’s convictions of two counts of Class A felony child molesting and consecutive sentences of 30 and 45 years on each count, resulting in an aggregate executed sentence of 75 years.
Larry Anderson v. State of Indiana (mem. dec.)
49A04-1407-CR-304
Criminal. Affirms conviction of murder. Despite inconsistencies in witnesses’ testimony, finds the evidence is sufficient to support Anderson’s conviction since three individuals did independently identify him as the person who shot the victim.
Opinions Feb. 19, 2015
Indiana Court of Appeals
In re the Paternity of Snyder, M.S. v. D.A.
79A02-1407-JP-497
Juvenile. Affirms in part, reverses in part and remands. The trial court erred when it denied father M.S.'s motion to permit him to tell his daughter that he is her father. Because a finding of physical endangerment or emotional impairment was not made prior to imposing the restriction, the trial court erred in denying father's request, and that portion of the trial court's orders is reversed. Affirms trial court ruling on modification of parenting time order, holding that father has not demonstrated there was a change in circumstances to warrant a change in the parenting time that now permits him to talk with his daughter once weekly in 15-minute supervised Skype sessions.
COA returns housewares theft case to trial court
A department store sales clerk who was convicted of two counts of theft is entitled to a rebate on her convictions and restitution amount, the Indiana Court of Appeals has ruled.
COA looks to Illinois for guidance on admission of naprapath’s testimony
In a case of first impression, the Indiana Court of Appeals found that a naprapath licensed in Illinois could testify about a woman’s injuries following a slip and fall.
Judges rule father may tell daughter he’s her dad
An out-of-state father may tell his 6-year-old daughter that he is her dad, the Indiana Court of Appeals ruled Thursday in reversing that part of a trial court's orders.
Bill banning abortion due to gender, disability advances
Indiana would prohibit abortions based on fetal disabilities such as Down syndrome under a bill endorsed Wednesday by an Indiana legislative committee, after women who faced such pregnancies spoke on each side of the issue.
Greenfield seniors have identities stolen
Two Indiana law enforcement agencies are investigating an identity theft ring that has made off with more than 100 identities and about $100,000.
Indiana panel sidetracks US constitutional convention call
The conservative cause asking states to call the first constitutional convention since the nation's founding is facing some skepticism among Indiana legislators.
Opinions Feb. 18, 2015 ILD
Indiana Court of Appeals
State of Indiana v. Shelby L. Pieper (mem. dec.)
19A05-1407-CR-303
Criminal. Affirms grant of motion to suppress evidence filed by Piper.
Mark B. Harsley, II v. State of Indiana (mem. dec.)
29A02-1409-CR-661
Criminal. Affirms convictions of three counts of Class A misdemeanor invasion of privacy.
Fuel Fitness Winfield, Inc., and Jared Tomich v. Boro Baloski, Lubinka Baloski, Goran Baloski, Fitness 1, Inc., B&B Regional Development, LLC (mem. dec.)
45A03-1406-CC-190
Civil collection. Affirms denial of Fuel Fitness’ and Tomich’s motion to correct error and denial of their motion to amend their answer following the trial court’s grant of summary judgment in favor of the Baloskis and others in the amount of $484,345.
Ivan Sanchez v. State of Indiana (mem. dec.)
29A04-1409-PC-426
Post conviction. Affirms denial of petition for post-conviction relief.
Albert Goering v. State of Indiana (mem. dec.)
88A05-1406-CR-261
Criminal. Affirms 15-year sentence for five counts of Class B felony sexual misconduct with a minor and one count of Class B felony attempted sexual misconduct with a minor.
Opinions Feb. 18, 2015
Indiana Supreme Court
Jeffrey A. Weisheit v. State of Indiana
10S00-1307-DP-492
Death penalty. Affirms two convictions of murder and one conviction of Class A felony arson resulting in serious bodily injury and sentence to death. There is sufficient evidence to support the convictions. The trial court did not err in excluding a prison administration expert’s testimony that Weisheit could be safely incarcerated in prison nor did it err in refusing to excuse 12 jurors for cause.
Justices affirm death penalty for man who killed 2 children
A Vanderburgh County man convicted of the murders of his girlfriend’s eight- and five-year-old children after setting fire to hishome in 2010 will remain on death row. The Indiana Supreme Court declined to reverse his convictions or revise his sentence.
7th Circuit grants habeas relief for man on death row
An Evansville man sentenced to death for the 2001 murders of his wife and two daughters is not entitled to habeas relief on his claim of intellectual disability, the 7th Circuit Court of Appeals ruled Tuesday. But his petition should be granted because the state courts unreasonably applied federal due process standards in adjudicating his competency to stand trial.
Attorney fee lien invalid if filed before judgment entered
An attorney who filed a lien for attorney fees prior to judgment being entered in a dissolution proceeding lost his case before the Court of Appeals after it determined Indiana statute requires the lien be filed after a judgment in the case is entered.
6 central Indiana dental employees reach plea deals
Prosecutors have struck plea agreements with six former employees of a central Indiana dental clinic in connection with a Medicaid fraud investigation.
Senate panel quickly advances religious freedom bill
Republicans on an Indiana Senate committee quickly advanced a proposed religious freedom law before any of the Democratic members arrived to vote.
Medical malpractice bill killed in Senate
A proposal to allow clear medical malpractice claims to go directly to court rather than through medical review panels was defeated Monday in the Indiana Senate.
Opinions Feb. 17, 2015 ILD
Indiana Court of Appeals
Christopher R. Hall v. State of Indiana (mem. dec.)
27A05-1406-CR-267
Criminal. Affirms convictions of Class D felonies domestic battery and strangulation, and Class A misdemeanor invasion of privacy.
Louis Davis v. State of Indiana (mem. dec.)
34A02-1405-CR-372
Criminal. Affirms convictions of Class D felonies receiving stolen property and possession of marijuana.
Reko Deprea Levels v. State of Indiana (mem. dec.)
82A01-1404-CR-177
Criminal. Affirms conviction of Class D felony theft, adjudication as a habitual offender and 6-½-year sentence.
Jerry Miller v. State of Indiana (mem. dec.)
49A02-1405-CR-302
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle with a blood alcohol content over 0.15.
Bryan Jerman and Property Insurance Services, Inc. v. Cash-Pro, Inc. (mem. dec.)
49A02-1407-CC-453
Criminal. Affirms order denying Jerman’s motion to set aside a default judgment.
Htar Kyoo v. State of Indiana (mem. dec.)
02A03-1405-CR-149
Criminal. Affirms conviction of Class B felony rape.
Anthony D. Evinger v. State of Indiana (mem. dec.)
84A01-1408-CR-327
Criminal. Affirms conviction of Class C felony child molesting.
Dominick Fazzini v. State of Indiana (mem. dec.)
64A04-1406-CR-296
Criminal. Affirms conviction of Class A felony burglary.