Indiana ethics chief seeks changes after scandals
Indiana Inspector General David Thomas has published a series of ethics reforms, asking for improved disclosure and new rules for state officials after a trio of Statehouse scandals.
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Pence, other GOP governors eye immigration lawsuit
Gov. Mike Pence added his name Thursday to a list of several Republican governors who are considering suing to block President Barack Obama's anticipated immigration plan.
Supreme Court ends JTAC, takes direct oversight of technology projects
Fifteen years after it was established by the Indiana Supreme Court, the justices have decided to retire the Judicial Technology and Automation Committee. The decision was in one of three orders handed down by the court Thursday.
Opinions Nov. 20, 2014 ILD
Indiana Court of Appeals
Aron Smith v. State of Indiana (NFP)
48A05-1403-CR-119
Criminal. Affirms revocation of probation and imposition of sentence thereon.
Scott W. Nicol v. State of Indiana (NFP)
64A03-1311-CR-472
Criminal. Affirms convictions of two counts of Class A felony child molesting and two counts of Class C felony child molesting, but vacates Nichol’s 84-year sentence. Remands with instructions to re-sentence him to an aggregate 44 years.
Certain Underwriters at Lloyd's London v. The Lee Group Shelbyville Holding Company, LLC (NFP)
40A01-1312-PL-516
Civil plenary. Affirms denial of Lloyd’s London’s motion for summary judgment on the complaint against it stemming from an unpaid claim for damages to a roof.
Opinions Nov. 20, 2014
Indiana Tax Court
The City of Greenfield and the Greenfield Fire Protection Territory v. The Ind. Dep't of Local Government Finance
49T10-1111-TA-67
Tax. Reverses reduction by the Department of Local Government Finance of the Greenfield Fire Protection Territory’s general fund levy for the 2012 budget year. Public Law 172-2011, Section 164 contravenes the special legislation provisions set forth in Article 4, Section 23 of the Indiana Constitution.
Judge rules man on death row not competent to be executed
A special judge in Johnson County has ruled that Michael Dean Overstreet is not currently competent to be executed.
Judges: Cop shouldn’t have asked driver for license
The Indiana Court of Appeals reversed the denial of a man’s motion to suppress evidence collected during an investigatory traffic stop. The judges held that once the police officer knew the owner of the vehicle – who had a suspended license – was not driving, the investigation should have ended.
Court reverses adjustment to fire protection territory’s general fund levy
Citing a lack of sufficient factual findings and a public law’s unconstitutionality, the Indiana Tax Court on Wednesday reversed the adjustment made by the Department of Local Government Finance to the Greenfield Fire Protection Territory’s general fund levy for the 2012 budget year.
Fort Wayne attorney elected to Judicial Nominating Commission
John O. Feighner, of Fort Wayne, has been elected to serve as the Indiana Judicial Nominating Commission district three representative. He will replace John Ulmer, whose term expires at the end of the year.
Indiana panel hears testimony on human trafficking
A state trooper who investigates human trafficking told a commission devoted to children's issues Wednesday that he's looked into nearly 40 such cases this year but the shadowy nature of the forced sex and labor trade means it's unclear how far the problem reaches into Indiana.
Child services agency exceeding caseload standard
Leaders of Indiana's Department of Child Services say it isn't meeting state-mandated caseload standards but aren't asking for money to hire more child welfare workers.
Palladium contractors to pay $5.3M to settle suit
The Carmel Redevelopment Commission is headed for a $5.3 million payday after agreeing to settle a lawsuit over defects found in the structural steel web supporting the Palladium’s distinctive domed roof.
State seeks greater damages from township embezzler
The former Marion County Center Township accountant who pleaded guilty to embezzling more than $340,000 also should pay the cost of investigating his wrongdoing, the Indiana State Board of Accounts says.
Opinions Nov. 19, 2014 ILD
Indiana Court of Appeals
Ronald Mitchell v. State of Indiana (NFP)
79A02-1308-PC-708
Post conviction. Affirms denial of successive petition for post-conviction relief.
Gared Holdings, LLC. v. Best Bolt Products, Inc. (NFP)
49A04-1404-PL-181
Civil plenary. Affirms order finding Best Bolt breached an implied warranty of merchantability with respect to certain pulleys and awarding damages based upon the pulleys’ fair market value.
Torrence Brown v. State of Indiana (NFP)
49A04-1404-CR-172
Criminal. Affirms convictions of Class A felony rape, Class B felony criminal deviate conduct and Class D felony criminal confinement.
Michael Stephen Angle v. State of Indiana (NFP)
53A05-1311-CR-545
Criminal. Affirms 65-year sentence for murder.
Allan J. Reid v. State of Indiana (NFP)
20A04-1406-CR-259
Criminal. Dismisses appeal challenging guilty plea to Class B felony possession of cocaine.
Randal E. Crosley v. State of Indiana (NFP)
28A04-1404-CR-157
Criminal. Affirms 81-year aggregate sentence in the Department of Correction for felony murder, Class A felony conspiracy to commit murder, Class B felony conspiracy to commit rape, Class C felony criminal confinement and Class C felony dealing in a schedule IV controlled substance.
Thomas R. Cox v. State of Indiana (NFP)
39A04-1402-MI-88
Miscellaneous. Affirms order dismissing Cox’s constitutional and tort claims against the Bureau of Motor Vehicles.
In the Matter of the Termination of Parent-Child Relationship of A.R. and M.R. (mother) v. Ind. Dept. of Child Services (NFP)
49A02-1404-JT-227
Juvenile. Affirms termination of parental rights.
Opinions Nov. 19, 2014
Indiana Court of Appeals
Sharon Handy v. P.C, Building Materials, Inc., PC Properties, LLC, David A. Stemler, and Karen L. Stemler
22A01-1403-CT-125
Civil tort. Reverses summary judgment in favor of P.C. Building Materials and other defendants on Handy’s negligence claim. There are genuine issues of material fact that remain for a determination by a jury. Remands for further proceedings.
Judges reverse drug charges based on constitutional violation
The Indiana Court of Appeals reversed drug charges against two Bloomington men after finding the police detective’s actions unreasonable. The detectives entered the men’s property while looking for another person despite clear signs of “no trespassing.”
Split COA orders trial for woman injured measuring countertop
A divided Indiana Court of Appeals on Wednesday concluded summary judgment was not proper for a home improvement business on a woman’s negligence claim. The customer was injured when a granite countertop propped up outside of the business fell on her foot while she was measuring it.
Federal judge approves settlement in Marion County campaign literature case
A federal judge on Monday approved a settlement between the Marion County Election Board and the unslated candidate from whom it confiscated campaign materials in 2012.
Indiana lawmakers sworn in on Organization Day
Members of the General Assembly took their oaths of office Tuesday as a part of Organization Day formalities and talked about some of their plans for when they return to work full-time in January.
Settlement pending in multimillion-dollar Palladium litigation
The defendants in a multimillion-dollar legal dispute over construction defects at Carmel’s tony Palladium concert hall have agreed to settle the dispute, court records show.