COA affirms 100-year sentence for 2 murders
A man with a history of mental illness was unable to convince the Indiana Court of Appeals that his 100-year sentence for his role in the murder of two market employees in Elkhart is inappropriate.
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COA cuts down man’s claims grass ordinance unconstitutional
A Bloomington man who opposes treating or cutting his lawn for environmental reasons could not convince the Court of Appeals that a city ordinance is unconstitutional or void for vagueness.
Marion County sheriff sued for illegal detentions
The Marion County Sheriff’s Office is facing a proposed class-action lawsuit from defendants who were jailed in some cases for days after being found not guilty, posting bond or being ordered released by a judge.
Jury awards Indiana teacher nearly $2M in firing over IVF
A federal jury awarded a former teacher nearly $2 million Friday after finding that a northern Indiana Roman Catholic diocese discriminated against her by firing her after church officials learned she was trying to get pregnant through in vitro fertilization.
Gov. Pence hasn’t issued single pardon in 2 years
Gov. Mike Pence, who has said he wants Indiana to be a leader in giving criminals who've served their time a second chance, hasn't granted a single pardon during his first two years in office.
Disputed Nativity scene will stay up until Dec. 26
A county in southeastern Indiana reached an agreement Friday with a group suing to force the removal of a Nativity scene on the courthouse lawn that will allow the decades-old display to remain in place through Christmas.
Jury rules for Indiana woman in firing over IVF
A federal jury ruled Friday that a northern Indiana Roman Catholic diocese discriminated against a former teacher in one of its schools by firing her after church officials learned she was trying to get pregnant through in vitro fertilization.
Sugarland, promoter settle with state fair victims
Country duo Sugarland, concert promoter Live Nation and 16 other defendants have agreed to pay $39 million to settle claims stemming from the deadly 2011 Indiana State Fair stage collapse, lawyers for the victims and their families announced Friday.
Opinions Dec. 19, 2014 ILD
Indiana Court of Appeals
Joseph D. Haskins III v. State of Indiana (NFP)
18A02-1408-CR-553
Criminal. Affirms revocation of probation.
Daniel L. Scarpinato v. State of Indiana (NFP)
64A04-1403-CR-146
Criminal. Affirms denial of good-time credit for pretrial incarceration.
Mary (McNutt) Tuite v. Mark McNutt (NFP)
30A04-1406-DR-280
Domestic relation. Affirms court’s valuation of the Chevrolet HHR and reverses portion of the court’s order and remands with instructions that it issue a new order that accounts for the gross and net rental income from the rental property in the marital estate.
In the Matter of the Termination of the Parent-Child Relationship of: B.A., Minor Child, and A.A., Father v. The Indiana Department of Child Services (NFP)
19A01-1406-JT-257
Juvenile. Affirms termination of parental rights.
Karachi Warren v. State of Indiana (NFP)
49A04-1405-CR-225
Criminal. Affirms convictions of Class C felonies robbery and criminal confinement. Remands for the court to apply 207 days of credit time to Warren’s sentence.
Mack A. Jake v. State of Indiana (NFP)
49A02-1406-CR-409
Criminal. Affirms conviction of Class D felony battery on a law enforcement officer.
Sophia L. Masters v. Ryan E. Masters (NFP)
30A01-1406-DR-238
Domestic relation. Dismisses Sophia Masters’ appeal of the grant of Ryan Masters’ petition for a temporary order restraining her from moving the parties’ children out of state.
Karla J. Shafer v. State of Indiana (NFP)
13A04-1405-CR-239
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a controlled substance.
Michael D. Dague v. State of Indiana (NFP)
02A04-1405-CR-208
Criminal. Affirms sentence for Class D felony battery.
In Re the Paternity of T.T.: L.H. v. L.T. and D.N. (NFP)
49A02-1404-DR-270
Domestic relation. Affirms order granting the petition to modify custody of T.T. filed by father D.N.
Keisha Hollis, on behalf of herself and all others similarly situated v. Defender Security Company d/b/a Defender Direct (NFP)
49A04-1404-PL-156
Civil plenary. Affirms order dismissing Hollis’ action against Defender Security Co.
Opinions Dec. 19, 2014
Indiana Court of Appeals
Christopher Duncan v. State of Indiana
09A05-1312-CR-613
Criminal. Reverses conviction of identity deception because the state did not prove that the name and birth date Duncan falsely gave to police belonged to a real person. Remands with instructions to vacate that conviction and sentence as well as the conviction and sentence for Class D felony pointing a firearm because of double jeopardy principles. Also remands for the court to reduce his resisting law enforcement conviction to a Class A misdemeanor due to double jeopardy principles.
T-Mobile settles ‘mobile cramming’ suit
For the second time in three months, Hoosiers who have a mobile phone may be eligible for a refund after T-Mobile USA Inc. settled a national lawsuit over “cramming” practices.
Judges reverse 2 convictions based on double jeopardy violations
Finding that the state relied on the same evidence to convict a man of three charges after he fired a gun at police while fleeing, the Indiana Court of Appeals ordered one of those convictions vacated and the other reduced.
COA finds woman owes friend $800 more for unauthorized use of his money
The Indiana Court of Appeals affirmed that a woman improperly spent her friend’s money on repairs to a property he conveyed to her but found the trial court miscalculated how much she owes.
Woman committed UPL, forgery in divorce filing
A Marion County woman who forged a name and attorney number on a divorce filing had her criminal convictions upheld Friday by the Indiana Court of Appeals. The woman gave false attorney information because she didn’t want the litigant to have to watch a video about filing pro se.
Fired IDEM employee entitled to unemployment benefits
The Indiana Court of Appeals found a 25-year state employee did not breach a duty reasonably owed to her employer when she failed to meet monthly quotas because she thoroughly reviewed cases instead of quickly approving expenses.
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.
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.