Justices weigh free speech rights, Facebook threats
The Supreme Court of the United States struggled Monday over where to draw the line between free speech and illegal threats in the digital age.
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Opinions Dec. 1, 2014 ILD
Indiana Court of Appeals
Ritchie Hodges v. State of Indiana (NFP)
06A04-1406-PC-203
Post conviction. Affirms the denial of Hodges’s petition for post-conviction relief and the revocation of his community-corrections probation.
Tommy Grubb v. State of Indiana (NFP)
53A01-1404-CR-184
Criminal. Affirms the four and one-half-year habitual offender enhancement but remands with instructions to reduce Grubb’s sentence to one and one-half years on the underlying conviction for dissemination of matter harmful to minors, a Class D felony.
Anthony D. Goffinet v. State of Indiana (NFP)
82A01-1401-CR-31
Criminal. Affirms conviction and 115-year aggregate sentence for murder.
Opinions Dec. 1, 2014
7th Circuit Court of Appeals
United States of America v. William Boswell
13-3641
Appeals from the U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Criminal. Affirms conviction and 235-month sentence for being a felon in possession of a firearm in violation of the Armed Career Criminal Act. The admission of evidence that Boswell had a gun tattoo on his neck was not an abuse of discretion because it served to impeach his testimony, and the sentence under the ACCA did not have to be alleged in the indictment.
Evidence of felon’s gun tattoo not error
A defendant who took the stand in his federal trial for felony firearm possession failed to convince the 7th Circuit Court of Appeals Nov. 26 that the evidence of his gun tattoo should not have been admitted.
MCBA ‘saddened and disappointed’ by grand jury decision in Ferguson shooting
Saying the justice system has failed the African-American community, the Marion County Bar Association has denounced the Ferguson, Missouri, grand jury’s decision in the shooting death of an unarmed teenager.
Statements by insurance provider do not constitute defamation, COA rules
A surgery center’s defamation claim that an insurance provider was making false statements purposefully to harm the center’s business reputation was dismissed because the communication did not allege any misconduct in business practices or trade.
Otte to retire as S.D. bankruptcy judge
Judge Frank J. Otte will retire at the end of 2014 after 28 years on the U.S. Bankruptcy Court for the Southern District of Indiana.
Southern District amends filing under seal, pro se notice rules
Federal court rules for the Southern District of Indiana pertaining to filing documents under seal and providing notice to pro se litigants will be amended effective Jan. 1, 2015, Clerk Laura Briggs announced.
Eagle Creek deer hunt goes forward
A city-sponsored deer hunt at Indianapolis’ Eagle Creek Park will proceed this weekend after a judge refused to block the first such hunt in the park’s history.
Enhancement to sentence upheld by COA
Finding Indiana’s criminal gang enhancement statute can be understood by individuals of ordinary intelligence, the Indiana Court of Appeals rejected a man’s challenge to his 175-year aggregate sentence.
Opinions Nov. 26, 2014 ILD
Indiana Court of Appeals
Harris Auto Reconditioning Services, Inc. v. Christopher Shoemaker (NFP)
29A04-1312-PL-644
Civil plenary. Affirms dismissal with prejudice.
In the Matter of the Termination of the Parent-Child Relationship of: A.B. (Minor Child) (NFP)
20A03-1402-JT-72
Juvenile. Affirms termination of parental rights.
Terrance Lassere v. State of Indiana (NFP)
49A05-1405-CR-212
Criminal. Affirms conviction of Class D felony domestic battery.
Brian S. Habbinga v. State of Indiana (NFP)
79A02-1404-CR-281
Criminal. Affirms sentence and conviction of Class C felony operating a motor vehicle while privileges are forfeited for life, Class D felony operating a vehicle while intoxicated and Class A misdemeanor operating while intoxicated. Remands to correct the sentencing order to reflect two years of a 12-year sentence suspended to probation.
Jordan Rivera v. State of Indiana (NFP)
73A01-1404-CR-156
Criminal. Affirms sentence imposed after violation of probation.
Zaeem Mahmood v. State of Indiana (NFP)
79A02-1402-CR-96
Criminal. Affirms 60-day executed sentence, with the balance of four years suspended, for Class C felony failure to stop after an accident resulting in death.
Sukhjinder Singh v. State of Indiana (NFP)
47A05-1404-PC-168
Post conviction. Affirms denial of post-conviction relief.
Aaron Rogers v. Tiffany Stevenson (NFP)
54A01-1401-JP-30
Juvenile. Affirms order modifying Rogers’ parenting time and awarding sole custody to Stevenson.
Scott Williams and Geoffrey Bond v. April Boomer (NFP)
55A05-1404-SC-186
Small claim. Reverses entry of summary judgment in favor of Boomer.
Edgar N. Singleton v. State of Indiana (NFP)
45A05-1404-CR-172
Criminal. Affirms conviction of murder.
Taylor Cannady v. State of Indiana (NFP)
49A04-1402-CR-81
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.
Harris Auto Reconditioning Services Inc. v. Brian Wolfe (NFP)
29A02-1312-PL-1085
Civil plenary. Affirms dismissal of Harris’ claims.
Gary R. Manning v. State of Indiana (NFP)
10A05-1312-CR-644
Criminal. Affirms conviction of Class D felony theft.
Opinions Nov. 26, 2014
Indiana Court of Appeals
Crystal Valley Sales Inc., Charles Kline, and Nancy Kline v. Jonathan Anderson, National Sales Company Inc., Rodger Anderson, Camco Manufacturing, and Norm Geible
20A04-1402-PL-83
Civil Plenary. Affirmed trial court’s dismissal of civil conspiracy claims against National Sales Company Inc., Rodger Anderson, Camco Manufacturing Inc. and Norm Geible for failure to state a claim upon which relief can be granted. Finds Crystal Valley did not provide sufficient facts to show that the co-defendants engaged in unlawful actions. Rejects Crystal Valley’s argument that its civil conspiracy count is sufficient by itself to claim the co-defendants helped Jonathan breach his contractual or fiduciary duties.
Allegation of conspiracy not enough to support civil conspiracy claim
A parts supplier failed to convince the Indiana Court of Appeals that a civil conspiracy claim against several co-defendants named in a breach of contract dispute can stand without showing every alleged conspirator committed an underlying unlawful act.
Appeals panel offers direction to abusive pro se litigant
The Indiana Court of Appeals has heard about enough from pro se litigant Eddie G. Love.
Man convicted of brutal beating loses appeal despite errors
A man who was convicted of the brutal beating of his stepfather lost an appeal Wednesday that argued his 2008 traumatic brain injury, prosecutorial misconduct and other factors should have reversed or mitigated his 20-year sentence.
COA reverses custody evaluation granted to grandparents
A trial court that expressed in the record reservations about the legal status of granting a visitation evaluation sought by grandparents of children in the care or another grandparent had those doubts confirmed Wednesday when the Court of Appeals reversed.
St. Joseph County’s proposed abortion doctor law stalls
A push in South Bend to require doctors who perform abortions to have admitting privileges at a local hospital has stalled.
Man gets 11 years for $1M copper wire theft
A northern Indiana man who admitted to stealing $1 million worth of copper wire from a recreational vehicle plant where he worked has been sentenced to 11 years in prison.
Justice Ginsburg undergoes heart surgery
Supreme Court of the United States Justice Ruth Bader Ginsburg has had surgery to place a stent in her right coronary artery.
Tax Court records migrating to Odyssey
Indiana Tax Court records will migrate to the Odyssey case management system effective Dec.1, the first state appeals court to transfer records to the system. Records will be available at no charge online at mycase.in.gov.