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Opinions Oct. 16, 2014 ILD

Indiana Court of Appeals
Crown Capital Solutions v. Miller Pipeline Corp. and Liberty Mutual (NFP)
82A04-1403-SC-101
Small claim. Affirms dismissal of Crown Capital Solution’s small claims action seeking $6,000 in damages to a car and allegation it was entitled to bring the action as the car owner’s assignee.

Paul A. Parsley v. State of Indiana (NFP)
21A01-1402-CR-69
Criminal. Affirms convictions and sentence for class A felony dealing in a controlled substance within 1,000 feet of a public park and Class B felony dealing in a controlled substance.

Mark Mikesell v. State of Indiana (NFP)
89A01-1402-CR-51
Criminal.  Affirm murder conviction and 57-year sentence.

Douglas W. Zehner v. Pamela S. Zehner (NFP) 
87A01-1401-DR-44
Domestic relation.  Affirms award of spousal maintenance and award of attorney fees to Pamela Zehner.

Marquise McCloud v. State of Indiana (NFP)
48A02-1312-CR-1056
Criminal. Affirms conviction of Class A felony possession of more than three grams of cocaine within 1,000 feet of a family housing complex and 33-year executed sentence.

Jeremiah J. Mosley v. State of Indiana (NFP)
52A02-1402-CR-135
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, Class D felony possession of precursors with intent to manufacture a controlled substance and Class D felony possession of methamphetamine.

Gary Marcum v. State of Indiana (NFP)
49A05-1403-CR-111
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

 

Opinions Oct. 16, 2014

Indiana Supreme Court
Indiana State Ethics Commission, Office of Inspector General, and David Thomas, in his Official Capacity as Inspector General v. Patricia Sanchez
49S02-1402-PL-80
Civil plenary. Affirms State Ethics Commission’s decision that Sanchez’s conduct – keeping several items that were state property after she was fired from the Department of Workforce Development – ran afoul of an administrative rule and that she should be barred from future state executive branch employment. Double jeopardy does not bar the proceeding before the commission, the criminal court’s probable cause determination is not binding upon the commission, and there is substantial independent evidence to support the commission’s decision.

Opinions Oct. 15, 2014

7th Circuit Court of Appeals
Randy M. Swisher v. Porter County Sheriff’s Dept., et al.
13-3602
U.S. District Court, Northern District of Indiana, South Bend Division, Magistrate Judge Christopher A. Nuechterlein.
Civil. Reverses judgment in favor of the defendants on Swisher’s 42 U.S.C. 1983 complaint that he was denied medical care during his nine-month stint in jail. The magistrate judge, while fully crediting the plaintiff’s testimony at an evidentiary hearing, erred in dismissing Swisher’s suit for failure to exhaust administrative remedies.

Justices affirm denial of Crime Victims Relief Act liability

The Indiana Supreme Court affirmed a trial court’s decision to not impose Crime Victims Relief Act liability on a couple who sold their home knowing it had defects. And although the Indiana Court of Appeals also affirmed, Chief Justice Loretta Rush pointed out the high court has different reasons for leaving the trial court’s judgment in place.

‘Common sense’ requires ruling in favor of inmate, judge says

The 7th Circuit Court of Appeals reversed judgment in favor of jail officials on an inmate’s complaint that he was denied medical access while in jail. The judges did not agree with the magistrate judge’s decision that Randy Swisher had failed to exhaust his administrative remedies by not filing a written grievance.

Judges affirm denial of child molester’s PCR petition

The Indiana Court of Appeals decided Wednesday that it did have jurisdiction to hear a prisoner’s petition for post-conviction relief that was filed 31 days after the trial court denied him relief. But the man was unsuccessful before the appellate court.

IU Maurer to give scholarships to Purdue engineer grads

Indiana University Maurer School of Law announced Wednesday its third program with an in-state school to provide scholarships and mentoring to students who attend IU Maurer for law school. The school has partnered with Purdue University’s College of Engineering.

Some Indiana gay marriages could be invalid

The Indiana attorney general's office says same-sex couples who married in the two days after the state's gay marriage ban was first struck down in June should confirm their marriages were properly recorded.

Setting it straight

The lecture, “What the Hobby Lobby Court Did and Didn’t Decide,” presented by Donna Nagy, Indiana University Maurer School of Law's executive associate dean for academic affairs, will be held Wednesday at Vassar College. This information was incorrect in the Oct. 9 IL Daily.

Opinions Oct. 14, 2014 ILD

Indiana Court of Appeals
Brandon Earthman v. State of Indiana (NFP)
49A04-1404-CR-147
Criminal. Affirms 12-year sentence for Class B felony robbery.

George Nichols v. State of Indiana (NFP)
40A05-1402-CR-76
Criminal. Affirms convictions of Class C misdemeanor operating while intoxicated and Class B misdemeanor public intoxication.

Segun Rasaki v. State of Indiana (NFP)
49A04-1404-CR-167
Criminal. Reverses denial of motion to correct error following the denial of Rasaki’s petition for permission to file a belated notice of appeal.

Christopher Kimbrell v. State of Indiana (NFP)
49A02-1311-CR-1002
Criminal. Affirms denial of motion to correct erroneous sentence.