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Opinions Feb. 9, 2015 ILD

Indiana Court of Appeals
Paul D. Stucker v. State of Indiana (mem. dec.)
46A05-1403-CR-117
Criminal. Affirms conviction and 45-year sentence for murder.

Michael L. Turner v. Jennifer D. Pence (mem. dec.)
90A05-1409-DR-447
Domestic relation. Affirms denial of Turner’s motion to hold Pence in contempt.

In the Matter of: S.E. (Minor Child), a Child in Need of Services, and L.E. (Father) v. Indiana Department of Child Services (mem. dec.)
29A02-1406-JC-416
Juvenile. Affirms order finding S.E. to be a child in need of services.

Stephen Perry v. State of Indiana (mem. dec.)
29A04-1406-CR-291
Criminal. Affirms conviction of Class A felony conspiracy to commit murder.

Neil A. Clements v. State of Indiana (mem. dec.)
18A04-1406-CR-268
Criminal. Affirms revocation of commitment to community corrections order to serve previously suspended sentence for conviction of Class C felony nonsupport of a dependent.

Shaun Terrell Balkcom v. State of Indiana (mem. dec.)
71A03-1407-CR-254
Criminal. Affirms convictions of Class A felony and Class C felony charges of child molesting.

Justin Mullins v. State of Indiana (mem. dec.)
48A04-1403-CR-115
Criminal. Affirms revocation of probation.
 

Opinions Feb. 9, 2015

Indiana Court of Appeals
Shane L. Keller v. State of Indiana
88A04-1404-CR-168
Criminal. Affirms in part, reverses in part and remands the 50-year aggregate sentence for convictions of two counts of Class B felony burglary, one count of Class C felony burglary, three counts of Class D felony theft, two counts of Class D felony receiving stolen property, and enhancement for habitual offender. Remands with instructions to vacate two receiving stolen property convictions and the sentences for them because they violate the prohibition against double jeopardy with respect to the theft convictions.

Appeals panel reinstates med-mal case

A trial court erred in granting summary judgment to a hospital and a doctor who performed a hysterectomy during which an arm board became unattached. After the patient’s arm dangled for much of the surgery, she was diagnosed with nerve damage in her arm.

Double jeopardy lifts 2 of burglar’s multiple convictions

A man who repeatedly broke into property and stole tools and items being used to renovate a long-vacant farmhouse likely will remain sentenced to 50 years in prison, even though the Indiana Court of Appeals vacated two of his convictions as violations of the prohibition against double jeopardy.

Proposed Indiana voting law changes draw objections

Indiana lawmakers are taking up Republican-backed proposals to eliminate straight party-line voting on state ballots and require the use of voter identification numbers for mail-in absentee ballots, moves that Democrats argue will make voting more difficult and could hurt turnout.

Opinions Feb. 6, 2015 ILD

Indiana Court of Appeals
Max E. Long v. State of Indiana (mem. dec.)
07A05-1405-CR-222
Criminal. Affirms convictions of Class C felony operating a vehicle with lifetime suspension and Class A misdemeanor operating a vehicle while intoxicated, and revocation of probation.  

In Re The Guardianship of Samantha R. Barton, Harriet Barton v. James P. Barton (mem. dec.)
85A02-1403-GU-213
Guardianship. Affirms appointment of James P. Barton guardian of Samantha R. Barton.

Tamara Krebs v. Michael C. Krebs (mem. dec.)
49A02-1402-DR-66
Domestic relation. Affirms order granting Michael C. Krebs primary physical custody of the parties’ two children.

Shannon Robertson v. State of Indiana (mem. dec.)
79A05-1407-CR-302
Criminal. Reverses intimidation conviction as double jeopardy with a conviction of attempted battery with a deadly weapon. Remands with instructions to vacate the intimidation conviction.

 

Opinions Feb. 6, 2015

Indiana Court of Appeals
Kirk R. Jocham v. Melba Sutliff
29A02-1406-DR-424
Domestic relation. Reverses order granting Sutliff grandparent visitation. The court ruled that Sutliff, the maternal grandmother, had no standing to petition for visitation when she did because her former son-in-law had remarried and the couple had adopted the grandchild after the death of Sutliff’s daughter, the grandchild’s mother.

Gitmo’s future to be discussed at IU McKinney

Guantanamo Bay and its long-term consequences will be examined during the annual symposium of the Indiana International and Comparative Law Review at Indiana University Robert H. McKinney School of Law.

AG’s office offers guidance after Anthem hack

As federal authorities continue to investigate a hack of Anthem databases storing identifying details including names, addresses and Social Security numbers of about 80 million customers, the office of Attorney General Greg Zoeller released the following consumer question-and-answer for affected Hoosiers.

Prosecutor: 50-plus warrants issued in Evansville meth ring

Vanderburgh County Prosecutor Nicholas Hermann said federal arrest warrants have been issued for more than 50 people allegedly involved in a meth-trafficking ring that funneled the drug into the area from four other states.

Opinions Feb. 5, 2015 ILD

Indiana Court of Appeals
William Temple v. New Castle Correctional Facility (mem. dec.)
33A01-1408-MI-336
Miscellaneous. Grants petition for rehearing and affirms denial of petition for post-conviction relief.

Marques Love v. State of Indiana (mem. dec.)
49A02-1406-PC-436
Post conviction. Affirms denial of petition for post-conviction relief.

James Stewart v. State of Indiana (mem. dec.)
71A05-1406-CR-287
Criminal. Affirms felony murder conviction and sentence.

State Farm Fire and Casualty Company v. Scott C. Smith (mem. dec.)
45A04-1407-PL-336
Civil plenary. Reverses judgment for Smith on his lawsuit for breach of contract. Remands with instructions that a new appraisal in compliance with policy terms take place.

J.W. v. P.B. (mem. dec.)
16A01-1406-DR-239
Domestic relation. Affirms order reducing P.B.’s child support obligation.

William N. Perry v. State of Indiana (mem. dec.)
01A05-1402-CR-55
Criminal. Affirms convictions of Class C felony child molesting and Class D felony intimidation.
 

Opinions Feb. 5, 2014

7th Circuit Court of Appeals
Richard Wagoner v. Bruce Lemon, commissioner of the Indiana Department of Corrections, and Indiana Department of Corrections
13-3839
U.S. District Court, Northern District of Indiana, South Bend Division, Magistrate Judge Christopher A. Nuechterlein.
Civil. Affirms summary judgment in favor of the commissioner and DOC on Wagoner’s claims of violations of Section 1983 and Title II of the ADA and the Rehabilitation Act. Wagoner did not show that he was denied access to any service or program because of his disability. Stresses it is better practice to hold a Pavey hearing separate from and before considering a motion for summary judgment.