Evidence does not support grandparent visitation order, COA rules
Finding the evidence did not support the trial court’s ruling, the Indiana Court of Appeals tossed a visitation order in favor of the maternal grandparents.
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Indiana Supreme Court hearing bus fees case
Indiana Supreme Court justices quizzed lawyers in a school busing fee case about the limit of the state's constitutional guarantee of a free public education.
Opinions Nov. 21, 2014 ILD
Indiana Court of Appeals
John M. Gresko v. State of Indiana (NFP)
90A04-1404-CR-196
Criminal. Affirms conviction and sentence for Class D felony escape.
In the Matter of the Termination of the Parent-Child Relationship of: A.P., P.M., & A.T. and S.T. v. The Indiana Department of Child Services (NFP)
82A01-1402-JT-74
Juvenile. Affirms termination of parental rights.
Charles Smith v. State of Indiana (NFP)
49A02-1405-CR-304
Criminal. Affirms convictions of Class D felony battery and Class A misdemeanors operating a vehicle while intoxicated and resisting law enforcement.
In the Matter of the Termination of the Parent-Child Relationship of: Z.J.C. and L.C. v. The Indiana Department of Child Services (NFP)
02A03-1404-JT-127
Juvenile. Affirms termination of parental rights.
William A. Russell v. State of Indiana (NFP)
41A04-1406-CR-290
Criminal. Affirms sentence for Class B felony burglary and finding that Russell is a habitual offender.
Opinions Nov. 21, 2014
Indiana Court of Appeals
Deriq Watters v. State of Indiana
34A02-1403-CR-215
Criminal. Reverses revocation of probation. The evidence used to revoke Watters’ probation was inadmissible.
COA revises neglect of dependent conviction stemming from boy’s death
The Indiana Court of Appeals affirmed a man’s murder conviction following the death of his girlfriend’s son after he seriously injured the boy while punishing him. But the court reversed his Class B felony neglect of a dependent conviction based on double jeopardy concerns.
Felony enhancement reversed because woman did not directly cause officer’s injury
The Indiana Court of Appeals on Friday reached a conclusion opposite from one reached by a previous panel of the court when the judges held a woman who was resisting arrest did not cause the officer’s injuries. The officer hurt his hand when he fell forcing the defendant to the ground.
IU McKinney creates 2 new partnerships
Indiana University Robert H. McKinney School of Law has announced another partnership to identify top undergraduates who want to pursue a legal education at the Indianapolis law school.
COA: Man entitled to have attorney present at small claim hearing
Finding that a businessman who was confused as to whether he needed his attorney to appear in a small claims case was denied the basic right of representation, the Indiana Court of Appeals reversed the denial of his motion for a continuance.
Judges reverse probation revocation due to inadmissible evidence
Because a man’s probation was revoked based on unsubstantiated evidence, the Indiana Court of Appeals reversed the revocation Friday.
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.
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.