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Online Extra: Judicial Roundtable 2014

When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state’s appellate courts were being led by women. Indiana Lawyer recently invited Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana’s Bankruptcy Court to discuss their career paths as well as opportunities and challenges today’s courts and lawyers face.

Appeals court upholds teen’s 55-year sentence for murder

In a case of first impression, the Indiana Court of Appeals affirmed the 55-year sentence imposed on a juvenile waived into adult court for the murder of a friend. The teen claimed he should have been sentenced under the alternative sentencing scheme available for juveniles.

IBM, state enter mediation over failed welfare contract

IBM Corp. and the state have agreed to mediation as a lawsuit between the parties over the failed billion-dollar contract to privatize welfare services awaits a ruling from the Indiana Supreme Court.

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.

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.

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.

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.

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.

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.

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.