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Opinions Oct. 22, 2014

Indiana Supreme Court
Gary Wayne Oswalt v. State of Indiana
35S02-1401-CR-10
Criminal. Oswalt preserved appellate review of three for-cause challenges of prospective jurors, but because the trial court was within its discretion to deny all of them, affirms his convictions. Holds as a matter of first impression that parties satisfy the exhaustion rule the moment they use their final peremptory challenge, regardless of whom they strike. Also holds that if parties fully comply with the exhaustion rule and demonstrate they were unable to remove any prospective juror for lack of peremptories, appellate courts may review denial of any motion to strike for cause, regardless of whether a challenged juror actually served on the jury.

COA: Bank should be allowed to intervene in foreclosure matter

The Indiana Court of Appeals reversed the denial of JPMorgan Chase Bank’s motion to intervene in a homeowners association’s attempt to foreclose on a home to fulfill a judgment. The COA found that the bank did not have actual notice of a pending action against the homeowner in 2007, as the association argued.

COA: Gas station did not commit spoliation regarding mat

The Indiana Court of Appeals affirmed a lower court’s decision to not instruct a jury in a personal injury action regarding the spoliation of evidence. Margaret Dawson, the injured party, had ample time to inspect the mat she tripped on before the store replaced it.

Justices rule on ‘exhaustion rule’ issue

The Indiana Supreme Court tackled issues of first impression Wednesday involving peremptory challenges and removing jurors for cause. The justices held that parties satisfy the “exhaustion rule” the moment they use their final peremptory challenge – regardless of whom they strike.

Daughter’s cheating negates father’s obligation to pay for college

Finding that the “F” a Purdue University student received after her teacher discovered the student plagiarized comments from other students amounted to disciplinary action from the school, the Indiana Court of Appeals upheld the decision that her father no longer had to pay a portion of her school expenses based on a previous court order.

Officers’ entry into home to chase bloodied dog unreasonable, justices rule

The Indiana Supreme Court ruled Tuesday that drug evidence obtained by police after they entered a home without a warrant to capture an aggressive dog should not have been admitted at the defendant’s trial. The justices held the search violated Article I, Section 11 of the Indiana Constitution.

Indiana man was violent long before 7 killings

With hindsight, there were signs years ago of increasing violence against women by Darren Vann, who police say has confessed to killing seven women in northwestern Indiana and is scheduled to appear in court Wednesday.

Court hearing set for Gary man linked to 7 deaths

A Gary man who police say confessed to killing one woman, helped investigators find six other bodies and indicated there may be more is scheduled to make his first court appearance.

Split COA reverses denial of post-conviction relief

A defense attorney’s failure to raise the consecutive sentencing limitation prejudiced his client, the majority of a Court of Appeals panel ruled, reversing denial of post-conviction relief for a man convicted of multiple burglaries. The court remanded for resentencing to trim six years off a 28-year prison term.

Opinions Oct. 21, 2014 ILD

Indiana Court of Appeals
Fredrick Dabner v. State of Indiana (NFP)
03A01-1402-CR-91
Criminal. Affirms two-and-a-half-year sentence for Class D felony strangulation.

Ronnie Jackson v. State of Indiana (NFP)
09A02-1401-CR-31
Criminal. Affirms conviction of Class B felony dealing in cocaine.

Loren Mack v. State of Indiana (NFP)
53A01-1403-CR-118
Criminal. Affirms aggregate 10-year sentence for four counts of Class C felony fraud on a financial institution.

Derrick Runell Woods v. State of Indiana (NFP)
45A03-1404-CR-124
Criminal. Affirms conviction of Class B felony dealing in a narcotic drug.

 

Opinions Oct. 21, 2014

Indiana Court of Appeals
Gary A. Gallien v. State of Indiana
22A01-1402-PC-50
Post-conviction. Reverses denial of post-conviction relief due to defense attorney’s failure to raise the issue of maximum consecutive sentences under I.C. 35-50-1-2. The majority held Gallien was prejudiced by his defender’s failure to raise the issue regarding burglaries that were “closely related in time, place, and circumstance.” Dissenting judge Cale Bradford agreed with the majority’s analysis but would affirm the trial court because he didn’t believe Gallien was prejudiced by his counsel’s failure to raise the issue.

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