Supreme Court inadvertently sends email to thousands of attorneys
Because of a human error, the Indiana Supreme Court accidently sent an email intended for a small group of attorneys to thousands of attorneys through its notification system.
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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.
DOC credit-time policy does not result in disparate treatment
The Indiana Court of Appeals rejected an inmate’s argument in his lawsuit challenging the constitutionality of the Department of Correction’s policy concerning the restoration of credit time for inmates. Because the policy does not result in disparate treatment, the judges affirmed the lower court ruling in favor of the DOC.
Justices take molestation case that divided Court of Appeals
The Indiana Supreme Court has granted transfer to a Marion County case that split the Court of Appeals as to whether the man’s Class A felony conviction for molesting his girlfriend’s daughter should be upheld.
COA reverses convictions based on ineffective appellate counsel
The Indiana Court of Appeals reversed a man’s convictions of Class A felony child molesting and Class B felony sexual misconduct with a minor based on his sexual advances toward his stepdaughter when she was in junior high and high school. The judges acknowledged as a result of their decision, the stepfather won’t face any legal consequences for those actions, but the state had a duty to present sufficient evidence to support those convictions.
Ex-prosecutor helps Ball State avert future fraud
A former federal prosecutor and a CPA firm are evaluating Ball State University's internal financial controls and investment portfolio as they create a plan to prevent a repeat of two investment scams that cost the university more than $13 million.
Inmate seeks early release in student’s 1993 death
An inmate convicted in the 1993 robbery and shooting death of a Ball State University student is seeking an early release from prison.
Attorneys seek competency exam in homicide case
Attorneys for a 20-year-old Fort Wayne man charged with killing a woman in a cemetery and setting her body on fire have requested mental health experts examine him to determine if he is competent to stand trial.
Clarksville Town Court judge must resign following OWI conviction in Kentucky
The Indiana Supreme Court publicly reprimanded Clarksville Town Court Judge Mickey K. Weber Friday and ordered he resign from the bench, effective Dec. 31. Weber pleaded guilty earlier this year to two charges stemming from a drunken-driving incident in Louisville, Kentucky.
Juvenile court judge makes impassioned but profane plea for funding
Marion Superior Juvenile Judge Marilyn Moores gave her colleagues several colorful expressions of her exasperation with the continuing rise in Child in Need of Services cases at the court’s executive committee meeting Friday.
Feds drop case against former Eli Lilly scientists accused of stealing secrets
Federal prosecutors in Indianapolis dropped all charges against two scientists accused of stealing trade secrets worth $55 million from Eli Lilly and Co., according to a court motion made Friday in federal court in Indianapolis.
Opinions Dec. 5, 2014 ILD
Indiana Court of Appeals
De'Carlos Freeman v. State of Indiana (NFP)
20A05-1310-PC-547
Post conviction. Affirms denial of petition for post-conviction relief.
Dwayne Carter v. State of Indiana (NFP)
41A01-1401-CR-3
Criminal. Affirms convictions and sentence for two counts of Class A felony child molesting, two counts of Class B felony sexual misconduct with a minor, two counts of Class D felony dissemination of matter harmful to minors and one count of Class D felony possession of child pornography.
Lawrence Dean v. State of Indiana (NFP)
89A05-1401-CR-9
Criminal. Affirms three convictions of Class C felony child molesting.
Opinions Dec. 5, 2014
Indiana Supreme Court
In the Matter of the Adoption of Minor Children: J.T.D. and J.S.: Ind. Dept. of Child Services v. N.E.
45S03-1406-AD-387
Adoption. Reverses trial court decision to not transfer cases from the civil division, which includes probate, to the juvenile division, which is where adoptions must be filed based on a local rule. Lake Superior Court’s four statutory divisions are not jurisdictional, and are merely descriptive of venue, so there is no conflict between the statute and the caseload allocation plan. Remands with instructions.
Indiana gets nearly $78,000 in Sirius XM settlement
Some Indiana residents who have subscribed to Sirius XM Radio Inc. may be entitled to a refund following the satellite radio company’s multi-state settlement regarding claims of misleading advertising and billing practices.
7th Circuit reverses denial of benefits, blasts ALJ’s reasoning
Finding several things “wrong” with an administrative law judge’s decision denying a Fort Wayne woman’s application for Social Security Income for the years prior to her turning 55, the 7th Circuit Court of Appeals reversed and remanded for further proceedings.
Justices order adoption petitions moved to juvenile division based on local rule
The Indiana Supreme Court noted Thursday that the parties and both of the previous courts involved in an adoption matter were partly correct in their analyses as to where the petitions needed to be filed. But the Lake Superior Court, Civil Division should have transferred the petitions from its court to the juvenile division, where a local rule requires adoption petitions to be filed.
Humke to lead Ice Miller as managing partner
Ice Miller LLP partner Steven Humke has been elected to succeed Phillip Bayt as managing partner of the AmLaw 200 firm based in Indianapolis.
Dec. 16 CLE: Getting Down to Business: When the Business Owner Divorces
A business owner going through a divorce faces a variety of concerns. The Indiana Lawyer's "Practicing Law in Indiana: Family Law CLE" will address issues including valuation of interest in a closely held business, calculating income for child support purposes, the relevance of buy/sell agreements, and restrictive transfer provisions, income taxes, and the transfer of ownership from one spouse to another. A primer will address business organization and entity characteristics. The seminar will conclude with a discussion about the rules of conduct specific for divorce attorneys.
The three-hour CLE, which includes one hour of ethics credit, will run from 1 to 4:15 p.m. on Dec. 16 at the downtown Indianapolis office of Bingham Greenebaum Doll. Event-day registration begins at 12:30 p.m. Cost to attend the CLE program is $109. To learn more about the program and presenters, and to register, visit www.theindianalawyer.com/events. Contact Karen Aruta at 317-472-5201 or [email protected] for additional information.
Opinions Dec. 4, 2014 ILD
Indiana Court of Appeals
Larry L. Haines v. State of Indiana (NFP)
20A05-1405-CR-210
Criminal. Affirms sentence for Class A felonies burglary and attempted arson, and Class C felonies intimidation and battery.
Treni M. Gorman, Jr. a/k/a Tremi M. Gorman, Jr. v. State of Indiana (NFP)
29A02-1310-CR-863
Criminal. Affirms denial of request for discharge under Indiana Rule of Criminal Procedure 4(B).
Jason L. Swope v. State of Indiana (NFP)
12A02-1403-CR-155
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony possession of chemical reagents or precursors with intent to manufacture a controlled substance.
Gina Vrankin v. Titan Vrankin (NFP)
45A03-1403-DR-99
Domestic relation. Affirms award of $500 in attorney fees to Gina Vrankin.
Brice Tyshan Holden v. State of Indiana (NFP)
84A01-1404-CR-179
Criminal. Affirms Class D felony intimidation conviction.
7th Circuit Court of Appeals
The 7th Circuit Court of Appeals issued a correction to its Oct. 6 decision in In Re: Robert Lodhotz, et al., 14-8015. The final paragraph of the opinion is changed to “The judgment is reversed and the case remanded to the district court.”