Opinions Sept. 17, 2014
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.
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Judiciary study committee to consider new judges, consent to adoption
The Indiana General Assembly’s Interim Study Committee on Courts and the Judiciary meets Thursday for the first time this year and will look at the addition of judges in several counties.
Dyer firm replaces stolen Boy Scout money
A northwest Indiana personal injury law firm has replaced the cash stolen from a Boy Scout troop at the Popcorn Festival in Valparaiso earlier this month.
Repairs underway at LaGrange County courthouse
The LaGrange County courthouse is getting a face-lift. Crews from an Iowa firm that specializes in repairing aging masonry work arrived in LaGrange early Tuesday morning and started an extensive job to restore the exterior brick and stone walls of the 136-year-old county building.
Death penalty sought in shooting death of Gary cop
A northwest Indiana prosecutor has notified the court he plans to seek the death penalty for a man charged with murder in the shooting death of a Gary police officer.
Prosecutor involved in reduced bond resigns
A southern Indiana deputy prosecutor who agreed to a reduced bond for a man who later was accused of killing his girlfriend and mutilating and eating parts of her body has resigned.
Opinions Sept. 16, 2014 ILD
Indiana Court of Appeals
Travis Booker v. State of Indiana (NFP)
48A05-1312-CR-623
Criminal. Affirms conviction of Class B felony robbery.
Roy C. Bebout v. State of Indiana (NFP)
82A01-1401-CR-27
Criminal. Dismisses appeal because it amounts to an authorized successive petition for post-conviction relief.
In the Matter of the Termination of the Parent-Child Relationship of: K.B. (Minor Child) and W.B. (Mother) v. The Indiana Department of Child Services (NFP)
49A05-1402-JT-63
Juvenile. Affirms termination of parental rights.
Jerry C. Jackson, Jr. v. State of Indiana (NFP)
48A05-1403-CR-106
Criminal. Affirms order terminating placement in Madison County Drug Court program.
Opinions Sept. 16, 2014
Indiana Court of Appeals
Willie Jenkins v. Mary Jenkins
49A02-1403-DR-132
Domestic relation. Reverses grant of Mary Jenkins’ motion to vacate a contempt hearing. It was not in the interests of justice for the trial court to ignore its rule of allowing 15 days to respond and granting her motion prior to allowing Willie Jenkins time for response. Remands for further proceedings.
County sheriffs tell dire stories of mentally ill held in local jails
From different communities in different parts of Indiana, two county sheriffs told lawmakers very similar stories about the mentally ill individuals who end up in their jails.
COA denies State Farm’s request for new trial on $14.5M defamation verdict
The $14.5 million defamation verdict awarded against State Farm Fire & Casualty Co. in favor of a contractor who accused the insurer of defaming him remains in place after the Indiana Court of Appeals rejected the company’s claim that fraud requires a new trial.
State’s inaction does not allow man to appeal sentence
The Indiana Court of Appeals rejected a defendant’s claim that he should be given an opportunity to appeal his sentence, an option he waived by entering into a plea agreement, even though the trial court erroneously indicated he had a right to appeal and the state did not object to that advisement.
Court must give man time to object to ex-wife’s motion
A Marion Superior Court erred when it granted a woman’s motion to vacate a hearing on contempt charges against her without giving her ex-husband 15 days to file a response, as permitted under local rules, the Indiana Court of Appeals ruled Tuesday.
Court announces 378 successful applicants on July bar exam
The list of applicants who were successful on the July Indiana bar examination is posted on the court’s website. Those who meet the other requirements of being admitted will participate in an admission ceremony Oct. 6.
Judge OKs tweeting for Purdue shooter sentencing
An Indiana judge will allow reporters to post on social media during the sentencing of a former Purdue University student who pleaded guilty to murder in the fatal shooting and stabbing of a fellow student in January.
7th Circuit stays same-sex marriage decisions
The 7th Circuit Court of Appeals has granted the motion for a stay of mandate filed by the defendants in Indiana’s same-sex marriage lawsuits.
Opinions Sept. 15, 2014 ILD
Indiana Court of Appeals
Jeremiah Lee Collins v. State of Indiana (NFP)
21A01-1405-CR-192
Criminal. Affirms revocation of probation.
In the Matter of J.C. v. State of Indiana (NFP)
87A01-1403-JV-134
Juvenile. Affirms determination J.C. is competent to stand trial.
Michael A. Windhorn v. State of Indiana (NFP)
91A02-1312-PC-1074
Post conviction. Affirms denial of petition for post-conviction relief.
Brenda Beecher v. State of Indiana (NFP)
49A05-1401-CR-27
Criminal. Reverses two convictions of Class D felony theft.
Shelley Murphy v. Indiana Women's Prison and Correctional Medical Services, Inc. (NFP)
49A02-1311-CT-915
Civil tort. Affirms denial of motion to set aside summary judgment in favor of Indiana Women’s Prison and Correctional Medical Services Inc. on Murphy’s complaint alleging medical malpractice.
Joshua Batchelor v. State of Indiana (NFP)
15A01-1402-CR-83
Criminal. Affirms denial of motion to correct erroneous sentence.
In the Matter of the Termination of the Parent-Child Relationship of: A.C., Minor Child, and R.A., Mother v. The Indiana Department of Child Services (NFP)
49A04-1402-JT-59
Juvenile. Affirms denial of mother’s Trial Rule 60(B) motion for relief from judgment.
Matthew J. Knight v. State of Indiana (NFP)
45A03-1401-CR-31
Criminal. Affirms 11-year sentence following guilty plea to Class C felony reckless homicide and to the use of a firearm in the commission of an offense, a sentencing enhancement.
Ryan D. Smith v. State of Indiana (NFP)
85A05-1403-CR-103
Criminal. Affirms convictions of Class D felony residential entry, Class A misdemeanor resisting law enforcement and Class A misdemeanor criminal mischief.
Desmond J. Sanders v. State of Indiana (NFP)
49A05-1401-CR-42
Criminal. Affirms convictions of Class C felonies battery and carrying a handgun without a license.
In the Matter of the Termination of the Parent-Child Relationship of S.F. and A.D., T.F. v. Indiana Department of Child Services (NFP)
71A03-1402-JT-68
Juvenile. Affirms termination of parental rights.
Opinions Sept. 15, 2014
Indiana Court of Appeals
Jeremiah Lee Collins v. State of Indiana (NFP)
21A01-1405-CR-192
Criminal. Affirms revocation of probation.
Judiciary notes Constitution Day with school program, naturalization ceremony
In honor of Constitution Day, Indiana judges will commemorate, educate and celebrate with schoolchildren and new United States citizens at events throughout the week.
Justices decline Kokomo mayor’s request for stay of contempt order
The Indiana Supreme Court will not stay a contempt order entered against the mayor of Kokomo over construction at the Howard County courthouse.
Mediation conference speaker to focus on brain science
A California mediator and trainer will present “Brains Matter: The Science and Art of Using the Brain in Mediation” during the 4th annual Midwest Mediators Conference in Indianapolis Sept. 26-27.