Petition seeks charges in crash that killed 7
A Georgia man hopes an online petition will help persuade a northwestern Indiana prosecutor to file charges against a trucker for a crash that killed seven family members.
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Venue change sought in case of woman’s 1975 death
An Indiana man who spent more than 25 years in prison for the death of his second wife is seeking a new location for his trial on charges he killed his first wife in 1975.
What if high court rejects gay marriage cases?
The fastest and surest path to marriage for same-sex couples in some parts of the United States would be for the U.S. Supreme Court to surprise everyone and decline to get involved in the issue right now.
Opinions Sept. 30, 2014 ILD
Indiana Court of Appeals
Raymond P. Dick v. State of Indiana (NFP)
15A01-1312-CR-554
Criminal. Affirms sentence following guilty plea to Class D felony voyeurism and Class C felony attempted child exploitation.
Derrick Zinerman v. State of Indiana (NFP)
49A02-1402-CR-81
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
In the Matter of the Termination of the Parent-Child Relationship of S.G., minor child, and K.G., the mother, and S.L., the father, K.G. v. Indiana Department of Child Services (NFP)
79A02-1403-JT-194
Juvenile. Affirms termination of parental rights.
Craig Hatchett v. State of Indiana (NFP)
49A02-1402-CR-88
Criminal. Affirms conviction of Class B felony dealing in cocaine.
Kufanyo Brooks v. State of Indiana (NFP)
79A02-1403-PC-154
Post conviction. Affirms denial of petition for post-conviction relief.
Larry Troiani v. State of Indiana (NFP)
13A01-1402-CR-81
Criminal. Affirms sentence for convictions of two counts of Class B felony dealing in a Schedule I, II or III controlled substance.
Breanne H. Rice v. State of Indiana (NFP)
49A02-1401-CR-12
Criminal. Affirms conviction of Class C felony promoting prostitution.
John B. Sirbu v. Review Board of the Indiana Department of Workforce Development and IDWD U.I. Claims Adj. Ctr. (NFP)
93A02-1401-EX-23
Agency action. Dismisses Sirbu’s appeal of the denial of his request for reinstatement of his appeals to the Unemployment Insurance Review Board on two determinations of eligibility for unemployment benefits.
In re the Visitation of A.D. and B.D., Candy Miller v. Abby Dickens
69A05-1401-DR-39
Domestic relation. Affirms denial of grandmother’s grandparent visitation petition after finding she had neither met her burden to rebut the presumption accorded to mother as a fit parent nor her burden to show that visitation was in the children’s best interests.
Russell Murrain v. State of Indiana (NFP)
54A04-1403-CR-93
Criminal. Affirms order that Murrain serve the remaining 1,075 days of his previously suspended sentence after violating his probation.
Anessa B. Bennett v. State of Indiana (NFP)
20A05-1307-PC-339
Post conviction. Affirms denial of petition for post-conviction relief.
Jamie M. Curtsinger v. State of Indiana (NFP)
21A04-1312-CR-645
Criminal. Affirms conviction of Class A misdemeanor intimidation.
K.T. v. State of Indiana (NFP)
20A03-1311-JV-453
Juvenile. Affirms denial of motion for relief from judgment regarding K.T.’s 1996 delinquency adjudication for what would have been Class C felony child molesting if committed by an adult.
Raymond Ryan Marling v. State of Indiana (NFP)
40A01-1403-CR-109
Criminal. Affirms convictions and sentence for possession of cocaine with intent to deliver, a class B felony; possession of a Schedule IV controlled substance, a class D felony; two counts of possession of a legend drug, class D felonies; unlawful possession of a syringe, a class D felony; and possession of a handgun by a felon, a class C felony.
Charles C. Wood v. State of Indiana (NFP)
49A05-1310-CR-514
Criminal. Dismisses appeal of the denial of Wood’s motion for earned reformative educational credit time.
Gordon Lee Peak v. State of Indiana (NFP)
48A02-1312-CR-992
Criminal. Affirms revocation of probation.
Tarainka A. Cain v. State of Indiana (NFP)
02A03-1402-CR-63
Criminal. Affirms conviction of Class B felony aggravated battery and vacates convictions of Class D felony criminal recklessness, Class A misdemeanor battery and Class C felony criminal recklessness because those three convictions are supported by the same alleged act.
Opinions Sept. 30, 2014
Indiana Supreme Court
Gersh Zavodnik v. Irene Harper
49A04-1307-PL-316
Civil plenary. Denies transfer to Zavodink’s appeal of the dismissal of his appeal for failure to file a timely brief and appendix. Offers guidance to courts on how to deal with prolific, abusive litigants.
JQC files charges against judge following OWI arrest in Kentucky
The Indiana Commission on Judicial Qualifications filed one count against a southern Indiana town court judge who was arrested and pleaded guilty to operating while intoxicated in Louisville, Kentucky.
Supreme Court tells judges how to deal with prolific, abusive litigants
The Indiana Supreme Court released a per curiam decision Tuesday dismissing the appeal of a man described as a “prolific, abusive litigant” based on the 123 cases he has filed in state court throughout Indiana. In its opinion, the justices also provide guidance to trial courts on how to deal with abusive and vexatious litigation practices.
Court properly denied grandmother visitation rights
A trial court properly ruled on a case as a petition for grandparent visitation, not as a modification of already established visitation, the Indiana Court of Appeals held Tuesday. The judges affirmed the denial of a paternal grandmother’s request for visitation.
Court properly denied grandmother visitation rights
A trial court properly ruled on a case as a petition for grandparent visitation, not as a modification of already established visitation, the Indiana Court of Appeals held Tuesday. The judges affirmed the denial of a paternal grandmother’s request for visitation.
Court erred in ordering insurer to pay costs of cleanup
A trial court misinterpreted a previous ruling involving an insurance coverage dispute for environmental cleanup costs, and as such, erred when it ordered the insurer to pay costs that were incurred as a result of a settlement, the Indiana Court of Appeals held.
COA split on upholding battery conviction
The Indiana Court of Appeals was divided Tuesday over whether to affirm a man’s conviction of Class C felony battery by means of a deadly weapon following an attack on his son-in-law. The dissenting judge believed the defendant should have been able to include the victim’s prior inconsistent statements at trial.
Foreclosure notice by newspaper not good enough for COA
A bank’s failure to give proper notification of a foreclosure has kept a lienholder’s judgment alive and created uncertainty as to who holds the title to a property.
Judges affirm 95-year sentence for molesting boy
Although the trial court erred in admitting most of the pornographic images possessed by the defendant at his child molestation trial, the admission was a harmless error. As such, the Indiana Court of Appeals affirmed William Remy’s 95-year sentence for five charges related to repeated molestation of a boy.
COA: Out-of-state attorneys demonstrated good cause for pro hac vice admission
A Lake County judge misinterpreted a local rule when he determined that five attorneys seeking pro hac vice admission in a contract dispute did not overcome a presumption that attorneys not licensed in Indiana are not permitted to practice before the court. The Court of Appeals ordered the admission of the attorneys.
Opinions Sept. 29, 2014 ILD
Indiana Court of Appeals
Alvin Kim Poe v. State of Indiana (NFP)
34A02-1312-CR-1075
Criminal. Affirms conviction and sentence for Class A felony dealing in methamphetamine.
Ronald Wayne Shewmaker v. State of Indiana (NFP)
10A05-1401-CR-2
Criminal. Affirms conviction and sentence for murder.
Corey Hamersley v. State of Indiana (NFP)
53A05-1309-CR-477
Criminal. Affirms convictions and sentence for Class A felony attempted murder, Class C felony criminal recklessness, Class D felony criminal recklessness and Class A misdemeanor resisting law enforcement.
Larry Warren v. State of Indiana (NFP)
49A02-1402-CR-89
Criminal. Affirms sentence for three counts of Class A felony child molesting and two counts of Class D felony child solicitation.
In the Matter of the Termination of the Parent-Child Relationship of: L.S. & S.S., Minor Children, and T.S., Father v. The Indiana Department of Child Services (NFP)
25A05-1405-JT-238
Juvenile. Affirms termination of parental rights.
Shavaughn Carlos Wilson-El v. T. Esteb, et al. (NFP)
49A02-1312-MI-1073
Miscellaneous. Affirms dismissal of alleged state constitutional rights and reverses dismissal of the part of the lawsuit involving alleged federal violations.
The Estate of Timothy J. Bartruff and All Parties of Interest of Public Record v. Dennis C. Hain and Judith A. Hain (NFP)
64A05-1311-MI-540
Miscellaneous. Affirms denial of the estate’s motion to vacate a judgment that granted Dennis and Judith Hain a tax deed for real property that was previously owned by Timothy Bartruff but sold to the Hains at a tax sale auction.
Charles M. Barlow v. State of Indiana (NFP)
22A01-1402-CR-63
Criminal. Affirms sentence following guilty plea to Class B felony causing death when operating a vehicle with an alcohol concentration equivalent of at least 0.15 or more, three counts of Class C felony reckless homicide, and admitting to being a habitual offender.
In the Matter of the Involuntary Termination of Parent-Child Relationship of G.M. and T.W., Minor Children and Their Father, G.M., G.M. (Father) v. Indiana Department of Child Services et al. (NFP)
49A05-1402-JT-86
Juvenile. Affirms termination of parental rights.
Jeremy Richard Roberts v. State of Indiana (NFP)
48A05-1404-CR-145
Criminal. Affirms convictions and sentence for Class D felony strangulation, Class A misdemeanor domestic battery and Class A misdemeanor battery.
Opinions Sept. 29, 2014
Indiana Court of Appeals
Bryan L. Good v. Wells Fargo Bank, NA.
20A03-1401-MF-14
Mortgage foreclosure. Reverses grant of partial summary judgment in favor of Wells Fargo and the subsequent judgment of foreclosure. The bank has not shown its status as holder of the promissory note signed by Good for purposes of the Uniform Commercial Code. Remands for further proceedings.
COA reverses foreclosure because bank can’t prove it holds the note
The Indiana Court of Appeals has reversed the foreclosure of an Elkhart man’s home, holding the bank that sought the foreclosure did not establish it was entitled to enforce the promissory note as its holder.
7th Circuit rebukes counsel involved in attempt to collect debt
The 7th Circuit Court of Appeals had harsh words for counsel on both sides of a lawsuit involving an unpaid educational debt, finding the attorneys have demonstrated “appalling judgment” in this case.
Taft partner appointed to Bankruptcy Court
Jeffrey J. Graham, a partner at Taft Stettinius & Hollister LLP in Indianapolis, is the newest Bankruptcy judge in the Southern District of Indiana. The 7th Circuit Court of Appeals announced his appointment Monday.
Justices take 4th Amendment case
The Indiana Supreme Court will decide a case that divided the Indiana Court of Appeals over whether marijuana and a pipe found after a traffic stop should be suppressed.