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In affirming conviction, justices clarify required meth evidence

Authorities improperly charged a man with meth manufacturing based on the volume of an intermediate mixture, but other evidence was sufficient to affirm his conviction of Class A felony manufacturing methamphetamine, the Indiana Supreme Court held Thursday.

Government’s legal error requires another look at convictions

The United States government conceded on appeal that its treatment of vehicle titles and license plates as “property” from the perspective of Indiana in order to convict defendants of conspiracy to commit mail or wire fraud was a legal error. The 7th Circuit Court of Appeals reversed the convictions but did not foreclose the possibility of retrial.

Opinions Nov. 13, 2014 ILD

Indiana Court of Appeals
Jerry French v. Rebecca (French) Lambert (NFP)
18A05-1403-DR-94
Domestic relation. Affirms in part and reverses in part. The trial court abused its discretion in failing to include all of the unsecured debt of the parties in the marital estate. The trial court was within its discretion to divide the parties’ marital assets equally, but the court failed to include in its findings its determination as to sanctions and attorney fees. Remands for further proceedings.

In the Matter of the Termination of the Parent-Child Relationship of: A.S. and B.S. (Minor Children) and D.J. (Mother) and H.S. (Father) v. The Indiana Department of Child Services (NFP)
85A02-1403-JT-209
Juvenile. Affirms termination of mother and father’s parental rights.

Corey Weaver v. State of Indiana (NFP)
49A02-1402-CR-112
Criminal. Affirms convictions of two counts of Class A misdemeanor resisting law enforcement.

Carl Gleason v. State of Indiana (NFP)
69A05-1403-CR-141
Criminal. Affirms convictions of Class B felony sexual misconduct with a minor and Class C felony sexual misconduct with a minor. Also affirms 80-year sentence for two counts of Class A felony child molesting, the sexual misconduct with a minor convictions, and Class C felony various sexual gratification.

In the Matter of the Paternity of S.P., Minor Child, K.M., Father v. A.P., Mother, and State of Indiana (NFP)
45A04-1312-JP-587
Juvenile. Affirms denial of motion to set aside default judgment against K.M.

Kelly Robertson v. Elkhart Housing Authority (NFP)
20A04-1406-PL-252
Civil plenary. Affirms Elkhart Housing Authority’s motion for summary judgment on Robertson’s lawsuit that it discharged her from employment in violation of the Family and Medical Leave Act.

T.D., and Ti. D. alleged to be CHINS and T.D. (father) v. Dearborn Co. Dept. of Child Services (NFP)
15A05-1403-JC-116
Juvenile. Affirms finding children are children in need of services.

In Re the Paternity of B.M.: J.M. v. M.S. (NFP)
79A05-1403-JP-115
Juvenile. Affirms in part and reverses in part. Father has established, prima facie, that the calculation of child support arrearage includes a mathematical error and that the child support worksheet supporting the prospective child support award does not accurately reflect which parent pays medical insurance. Father has further shown, prima facie, that the trial court abused its discretion by finding him in contempt of court and ordering his payment of mother’s attorney’s fees. Remands with instructions.
 

Opinions Nov. 13, 2014

7th Circuit Court of Appeals
United States of America v. Evelyn Rivera Borrero, et al.
13-3430, 13-3468, 13-3516, 13-3517, 13-3559
U.S. District Court, Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio.
Criminal. Reverses convictions of conspiring to violate 8 U.S.C. Section 1324 (a)(1)(A)(iii) and (iv) by shielding unauthorized aliens from detection and encouraging them to live in the United States; and vacates convictions of conspiracy to commit mail or wire fraud. Remands for entry of acquittal on the first count. The government’s legal argument that vehicle tiles and license plates are “property” from the perspective of Indiana is a legal error.

Agency record required for judicial review of agency action

A petitioner seeking judicial review of an agency action must file with the trial court the agency record as defined by the Administrative Orders and Procedures Act. Not doing so will result in dismissal of the petition, the Indiana Supreme Court unanimously ruled Thursday.

COA upholds order man pay ex-wife’s appellate attorney fees

The Indiana Court of Appeals rejected a man’s claim that the same standard for awarding attorney fees should apply regardless of the forum. The judges affirmed the order that he pay his ex-wife’s appellate attorney fees because he is in a better position than she is to pay them.

Law firm disqualified based on attorney’s previous representation of doctor

In a case involving the conflicts that arise and obligations that remain when lawyers move from one firm to another, the Indiana Court of Appeals concluded that a law firm hired to represent plaintiffs in a medical malpractice lawsuit must be disqualified based on an attorney’s prior representation of the doctor being sued.

Judge urges high court to look at counsel assistance during state psychiatric exam

A judge on the Indiana Court of Appeals affirmed citing court precedent that a defendant who was to be examined by the state’s expert based on his insanity defense has no right to the presence of counsel during the psychiatric exam. But Judge Terry Crone argues the Indiana Supreme Court needs to take another look at this issue.

US Supreme Court weighs state tax authority

The Supreme Court of the United States on Wednesday considered placing new limits on how states can assess income tax on money that residents earn across state lines.

Opinions, Nov. 12, 2014 ILD

Indiana Court of Appeals
Jason L. Dague v. State of Indiana (NFP)
01A05-1406-CR-250
Criminal. Affirms revocation of probation and order that Dague’s sentence for two counts of check fraud be executed.

Sergio C. Poitan v. State of Indiana (NFP)
73A01-1402-CR-80
Criminal. Affirms conviction of Class B felony burglary and Class D felony theft.

Charles S. Howlett v. State of Indiana (NFP)
49A02-1403-CR-189
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Kenneth Kilpatrick v. State of Indiana (NFP)
48A02-1402-CR-105
Criminal. Affirms conviction of Class D felony theft.

James T. Bagby v. State of Indiana (NFP)
34A04-1309-PC-453
Post conviction. Affirms denial of petition for post-conviction relief.

Dr. Steven C. Prescott v. St. Mary of the Woods College (NFP)
84A01-1407-PL-287
Civil plenary. Affirms summary judgment against Prescott and in favor of the college on his complaint alleging the school had breached its contract with him when it terminated his employment as a tenured professor.

In the Matter of the Termination of the Parent-Child Relationship of: A.L., A.F.L, C.L. and D.L.; C.L. and A.L. v. The Ind. Dept. of Child Services (NFP)
71A03-1403-JT-79
Juvenile. Affirms termination of mother and father’s parental rights.

Jeff Leath v. State of Indiana (NFP)
79A05-1404-CR-149
Criminal. Affirms conviction of Class D felony unlawful sale of a precursor.

Nathaniel Harris v. State of Indiana (NFP)
49A04-1405-CR-205
Criminal. Affirms order that Harris serve the remainder of his previously suspended sentence.

Thomas Holliday v. State of Indiana (NFP)
89A04-1404-CR-177
Criminal. Affirms 55-year sentence following guilty plea to murder.

Kendra D. Phillips v. State of Indiana (NFP)
10A01-1310-CR-446
Criminal. Affirms six-year sentence for Class C felony neglect of a dependent causing bodily injury.

Maurice T. Higgins v. State of Indiana (NFP)
02A03-1404-CR-117
Criminal. Affirms three-year sentence following guilty plea to Class D felony battery resulting in bodily injury.

Eric A. Turner v. State of Indiana (NFP)
02A04-1404-CR-161
Criminal. Affirms 30-year sentence, with 18 years executed, following guilty plea to three counts of Class B felony robbery.

JLO LLC v. Kent Kalley, Aaron D. Kalley, Industrial Centre Federal Credit Union, Town of Yorktown, Muncie Sanitary District, et al. (NFP)
18A02-1404-MI-226
Miscellaneous. Affirms order denying JLO’s petition for tax deed regarding certain property located in Yorktown.

Brandon Stewart Temple v. State of Indiana (NFP)
41A01-1403-CR-144
Criminal. Affirms 13-year sentence, with nine years executed and four years suspended, following guilty plea to Class B felony child molesting.
 

Opinions Nov. 12, 2014

Indiana Court of Appeals
Jeffrey Z. Hayden v. State of Indiana
55A04-1403-CR-116
Criminal. Affirms sufficient evidence to convict Hayden of burglary, theft and residential entry. Remands with instructions to vacate guilty verdict on residential entry as it is a lesser-included offense of burglary and to clarify the entry of judgment as to whether to enter judgment and sentence on the theft conviction or to vacate the jury’s guilty verdict.

Appeals court upholds burglary conviction but sends matter back to trial court

The Indiana Court of Appeals found sufficient evidence to conclude that a man’s house qualified as a dwelling, thereby supporting a defendant’s burglary conviction. But the judges sua sponte reviewed the trial court’s entry of judgment and sentencing order and decided to send the matter back to the lower court.

COA: Judge should dismiss habeas petition

The Indiana Court of Appeals found a Henry County judge erred when he denied an inmate’s petition for habeas corpus challenging a disciplinary decision from the Indiana Department of Correction. The judge should have instead dismissed the petition.

OneAmerica pays $800K over fraud orchestrated by ex-employee

OneAmerica Securities Inc. has agreed to pay the state $805,000 to settle allegations it failed to supervise a former employee who helped orchestrate an $8.9 million Ponzi scheme in Ohio, Kentucky and southeastern Indiana.