Legal community rolls up its sleeves for ‘Day of Service’
Once again, members of the Indiana State Bar Association gave up part of their Saturday to help their local communities as part of the association’s Annual Day of Service.
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Purdue shooter sentenced to 65 years in prison
An Indiana man who admitted fatally stabbing and shooting a fellow Purdue University student inside a crowded classroom was sentenced Sept. 19 to the maximum 65 years in prison after telling a judge he lied about being mentally ill.
Sentencing set in deadly Purdue campus attack
The lawyer for an Indiana man who pleaded guilty to fatally stabbing and shooting a fellow Purdue University student is expected to try to convince a judge that his client is mentally ill.
State holds $1.2 million in domestic violence funds
The trustees of the Indiana Criminal Justice Institute have decided to stick by a plan that withholds $1.2 million in domestic violence prevention funds from private agencies until they submit spending plans.
Opinions Sept. 19, 2014 ILD
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: K.C. & K.G. (minor children), and R.G. (mother) & T.G. (father) v. Indiana Department of Child Services (NFP)
04A05-1401-JT-47
Juvenile. Affirms termination of parental rights.
Opinions Sept. 19, 2014
Indiana Court of Appeals
City of Mitchell v. Randy Phelix
47A01-1402-PL-88
Civil plenary. Reverses denial of its complaint for a declaratory judgment related to former Mitchell city policeman Randy Phelix’s claim for medical expenses due to disabilities resulting from dismantling methamphetamine labs. The appeals court held that the trial court erred when it ruled that Phelix was entitled to have the city pay his medical bills under I.C. 36-8-4-5 despite the worker’s compensation carrier’s denial of his claim.
Issues of material fact allow Environmental Legal Actions claim to proceed
The Indiana Court of Appeals is allowing a claim under Indiana’s Environmental Legal Actions statute to move forward, ruling there are many questions for the lower court to examine about the former landlord’s role in the contamination of the soil.
Judgment favoring policeman’s meth-exposure claim reversed
A police officer who claimed disability resulting from his work dismantling methamphetamine labs had a favorable trial court ruling reversed by the Indiana Court of Appeals Friday.
Ex-Conseco board member owes legal fees, may pursue malpractice claim
A pre-bankruptcy board member of Conseco Inc. was ordered to pay $127,592.21 in outstanding legal fees, but he may pursue legal malpractice claims, a federal judge ruled Thursday.
Supreme Court posts annual report
The Indiana Supreme Court has posted its annual report, providing details of the 995 cases it reviewed in the fiscal year ending June 30 and elaborating on plans to roll out electronic filing in trial courts statewide.
DCS settles adoption subsidy lawsuit
Families who sued the Department of Child Services will receive $15.1 million in state foster child adoption subsidies withheld from 2009 to 2014, DCS announced Thursday.
Opinions Sept. 18, 2014 ILD
Indiana Court of Appeals
Robert F. Lynn, Linda S. Lynn, and Robert Lynn Company, Inc. v. Ronnie Shaffer and Jane Shaffer (NFP)
10A01-1309-PL-386
Civil plenary. Reverses award of attorney fees to Ronnie and Jane Shaffer.
Terence W. Lowery v. State of Indiana (NFP)
54A05-1402-CR-85
Criminal. Affirms 20-year executed sentence following guilty plea to Class A felony child molesting and Class B felony sexual misconduct with a minor.
Darryl S. Newell v. State of Indiana (NFP)
20A03-1401-CR-23
Criminal. Affirms convictions of Class A felony child molesting and Class B felony criminal deviate conduct.
Deadrian Boykins v. State of Indiana (NFP)
02A05-1312-CR-642
Criminal. Affirms murder conviction and 65-year sentence.
Joseph Wayer v. State of Indiana (NFP)
71A03-1310-CR-415
Criminal. Affirms murder conviction.
Opinions Sept. 18, 2014
Indiana Supreme Court
State of Indiana v. Frank Greene
49S02-1403-PC-172
Post conviction. Reverses grant of post-conviction relief, which would have reduced Greene’s Class B felony criminal confinement conviction to a Class D felony. Greene did not receive ineffective assistance of trial or appellate counsel due to his attorneys’ failure to present allegedly controlling precedent from this court. Greene mischaracterizes the application of Long v. State.
Judges disagree over enhanced sentence for child molesting conviction
The Indiana Court of Appeals was divided Thursday over whether a Johnson County man convicted of having sex with a 13-year-old girl deserved to have his sentence enhanced above the 30-year advisory sentence.
Judge rules for revenue department on man’s claim for sanctions
A man who argued that the Indiana Department of State Revenue should be sanctioned for allegedly producing his ex-wife’s transmittal envelope for her tax return and passing it off as his own lost his case before the Indiana Tax Court Thursday.
Lawsuit filed against Wal-Mart after PCB found at Indy facility
A proposed class-action lawsuit alleges Wal-Mart and its corporate entities were negligent after PCB was found at a returns facility located in Indianapolis.
COA: Attorney’s calendar mistake doesn’t support relief from judgment
The Indiana Court of Appeals disagreed with a woman’s argument that because she was twice granted extension of time to respond to a summary judgment motion involving her credit card debt, the trial court’s discretion to consider a belated response was preserved.
Justices reverse grant of post-conviction relief
The Indiana Supreme Court on Wednesday rejected a defendant’s claim that his attorneys were ineffective for not arguing that, based on a Supreme Court case, his conviction for Class B felony criminal confinement should be reversed or reduced. But the man inappropriately relies on the case, and what he claims his attorneys should have argued is not the law.
Indiana may slash funds for domestic violence victims
Advocates for domestic violence victims and the administration of Gov. Mike Pence clashed Wednesday over whether it's seeking to slash funding for services when demand is surging after a video showed suspended NFL player Ray Rice hitting his future wife.
Opinions Sept. 17, 2014 ILD
Indiana Court of Appeals
Robert P. Benavides v. State of Indiana (NFP)
18A02-1405-PC-318
Post conviction. Affirms dismissal of petition for writ of state habeas corpus.
Mark Keaton v. Douglas Goeglein (NFP)
02A04-1404-PL-155
Civil plenary. Affirms summary judgment in favor of Goeglein, Keaton’s probation officer, and denial of Keaton’s motion for partial summary judgment on his Section 1983 action against Goeglein.
City of Evansville v. Anna K. White (NFP)
82A01-1404-PL-171
Civil plenary. Reverses denial of city’s motion for summary judgment on White’s complaint that the city’s negligent installation of a storm sewer damaged her property. Remands for further proceedings.