Woman convicted in deadly crash returning to court
A woman convicted 13 years ago of killing seven people in a head-on collision that prosecutors said was a suicide attempt is headed back to court.
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Not guilty pleas for suspect in 7 Indiana deaths
A judge recorded not guilty pleas Wednesday for a former Marine who is charged with murder in the strangulation deaths of two women found in northwestern Indiana and is suspected of killing five others.
Court orders more proceedings on injured subcontractor’s negligence lawsuit
Finding genuine issues of material fact exist in a negligence lawsuit as to the general contractor’s role in a subcontractor’s injury, the Indiana Court of Appeals reversed summary judgment and ordered further proceedings.
Justices reverse judgment for defendants in suit involving student’s death
The Indiana Supreme Court has ordered further proceedings in a negligence lawsuit filed by the parents of a special needs student who died after choking on her lunch at school. The justices found there are questions as to whether the parents complied with tort claim notice requirements, so judgment in favor of the defendants is not proper.
Court affirms dismissal of lawsuit alleging malicious prosecution
The 7th Circuit Court of Appeals upheld the decision to dismiss a man’s Section 1983 lawsuit claiming malicious prosecution by a police officer and bank, finding the man never presented a viable constitutional violation to support the claim.
Owner not entitled to more cash for building destroyed by fire
The Indiana Court of Appeals affirmed that the owner of a building leased to a Bloomington pet shop that was destroyed by a fire in 2008 is only entitled to the actual cash value of the building and not the replacement cost.
Judges reverse order that man pay ex-wife $95,000 in attorney fees
The Indiana Court of Appeals ruled Wednesday that the arbitrator in a contentious divorce proceeding erred when she ordered the husband to pay $95,000 in attorney fees to his ex-wife.
Bankruptcy cases filed at lowest number since 2007
The total number of bankruptcy cases filed in federal courts for the fiscal year 2014 dropped 13 percent as compared with FY 2013, the Administrative Office of the U.S. Courts announced Wednesday. This is the lowest number of bankruptcy filings for any 12-month period since 2007.
Opinions Oct. 29, 2014 ILD
Indiana Court of Appeals
Joel McGee v. State of Indiana (NFP)
29A02-1406-CR-413
Criminal. Affirms order revoking probation and reinstating 365 days of McGee’s previously suspended sentence.
Mauricio Reyes-Flores v. State of Indiana (NFP)
49A02-1404-CR-275
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Auto-Owners Insurance Company v. Edward Foster (NFP)
18A05-1403-PL-107
Civil plenary. Affirms judgment that Bill Gaddis Chrysler Dodge’s insurer, Auto-Owners Insurance Co., has a duty to defend and indemnify the dealership in a personal injury accident involving a car it owned.
Alvin Donald Grisby v. State of Indiana (NFP)
82A04-1402-CR-68
Criminal. Affirms conviction of Class B felony conspiracy to commit dealing in methamphetamine.
Brent Wroblewski and Gretchen Wroblewski v. Angelo G. Valle (NFP)
45A03-1404-CT-137
Civil tort. Affirms judgment entered on the jury’s verdict in favor of Valle on the Wroblewskis’ lawsuit against him alleging negligence and loss of consortium following an auto accident.
James M. Burton v. State of Indiana (NFP)
02A03-1403-CR-98
Criminal. Affirms convictions of two counts of Class A felony child molesting and 40-year aggregate sentence.
Jeremy J. Turner v. State of Indiana (NFP)
90A02-1403-CR-222
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.
Opinions Oct. 29, 2014
7th Circuit Court of Appeals
Marshall G. Welton v. Shani J. Anderson, et al.
13-3336
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Civil. Affirms dismissal of Welton’s claims of malicious prosecution, violations of the Fourth and 14th amendments and state law violations. Welton failed to state a predicate constitutional violation in support of his malicious prosecution claim and failed to show the requisite malice.
Man convicted in Purdue shooting found dead
State correction officials say an Indiana man who fatally stabbed and shot a fellow Purdue University student earlier this year has been found dead in his prison cell.
NW Indiana cardiologists sued over procedures
Nineteen new lawsuits and a complaint with the Indiana Attorney General's Office have been filed against three northwestern Indiana cardiologists and a hospital, alleging that open-heart surgeries and other procedures were performed unnecessarily, lawyers said Tuesday.
Suspect in 7 Indiana slayings due in court again
A 43-year-old former Marine who police in Indiana say has confessed to killing seven women is scheduled to appear in court again after refusing to even acknowledge his name at an earlier hearing.
Senator seeks stiffer punishment for decapitations
The chairman of the state Senate Judiciary Committee says Indiana needs stronger penalties for decapitation.
Opinions Oct. 28, 2014 ILD
Indiana Court of Appeals
Harry H. Robertson v. State of Indiana (NFP)
82A01-1405-CR-231
Criminal. Reverses denial of petition for post-conviction relief and remands with instructions.
Antonio Manuel v. State of Indiana (NFP)
49A04-1402-CR-73
Criminal. Affirms conviction of Class B misdemeanor public intoxication.
Remington Diaz v. State of Indiana (NFP)
84A01-1403-CR-149
Criminal. Affirms order revoking probation and requiring Diaz to serve the balance of his previously suspended sentences under two different causes in the Department of Correction.
In Re the Marriage of Reba M. Dunagan and Joseph Dunagan, Joseph Dunagan v. Reba Michele Dunagan (Clinkenbeard) (NFP)
84A01-1312-DR-541
Domestic relation. Affirms order regarding multiple petitions filed by both parties related to child support, including finding father in contempt.
Good Earth Natural Foods, and Patrick Skowronek v. Metropolitan Development Commission, City of Indianapolis and Broad Ripple Associates, LLC (NFP)
49A04-1403-PL-120
Civil plenary. Affirms dismissal of complaint filed by remonstrators seeking judicial review of a zoning decision.
Jeffrey R. Hill v. State of Indiana (NFP)
20A03-1404-CR-132
Criminal. Affirms 120-year sentence following guilty plea to Class A felony robbery, Class A felony burglary, Class B felony conspiracy to commit burglary, and Class B felony criminal confinement.
In the Matter of the Termination of the Parent-Child Relantionship of : G.B,, D.B., Li.B., C.B., & Z.B., Minor Children and L.B., Father v. The Indiana Department of Child Services (NFP)
47A05-1405-JT-194
Juvenile. Affirms involuntary termination of father’s parental rights.
Opinions Oct. 28, 2014
7th Circuit Court of Appeals
United States of America v. Trevor Hinds
13-3543
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Tanya Walton Pratt.
Criminal. Affirms two-level sentencing enhancement for production or trafficking under U.S.S. G. 2B1.1(b)(11)(B)(i). Hinds’ crime involved the production of counterfeit access devices (credit cards) and the court did not err in applying the enhancement. Vacates the two special conditions imposed: that Hinds pay a portion of the court-ordered substance abuse treatment and drug testing and that he submit to suspicionless searches and seizures. The court did not make a finding whether Hinds could pay for the testing, and the government concedes that the search and seizure condition is unlawfully broad and invasive.
Court adopts case-by-case approach in subrogation issue
The Indiana Court of Appeals, after skirting around the issue in 2012, decided that Indiana should use the case-by-case approach to address subrogation claims of landlords’ insurers against negligent tenants.
Children should remain in home despite grandmother’s felony conviction
The Indiana Court of Appeals found I.C. 31-19-11-1(c) to be unconstitutional as applied and upheld the adoption of two boys by their maternal grandmother. The judges held that her 1997 felony conviction for neglect of a dependent should not automatically bar her from adopting the children.
Police had probable cause to arrest man at library for child porn possession
Even though a man’s possession of child pornography charge was eventually dismissed, his arrest on the matter at a Bloomington library led to other charges. The Court of Appeals Tuesday affirmed the denial of Paul Allen Decker’s motion to suppress, in which he claimed any evidence stemming from that arrest must be suppressed.
Defense counsel’s move to prosecutor’s side doesn’t require special prosecutor
The Indiana Court of Appeals upheld a man’s 60-year sentence for shooting and killing his girlfriend after an argument, rejecting his claim that a special prosecutor should have been appointed in his case after his defense counsel took a job with the prosecutor’s office.